desi485
03-16 12:50 AM
who the hell is asking you to???!!! and anyhow, you are probably not good enough to work with me anyways.....
kyun, sach padh kar buraa laga??
I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like ostriches.............like they don't know what the scam is!!!
i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.
goodnite, take care, pleasant dreams!
fyi - i m not in eb3 category and I work for a fortune 100.
this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p
kyun, sach padh kar buraa laga??
I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like ostriches.............like they don't know what the scam is!!!
i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.
goodnite, take care, pleasant dreams!
fyi - i m not in eb3 category and I work for a fortune 100.
this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p
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GCHope2011
07-02 01:18 AM
To senators..
piyu7444
01-31 04:39 PM
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
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akhilmahajan
09-26 12:18 PM
Can you put URL for updated article?
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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vandanaverdia
09-11 02:47 PM
Lets all go to DC!!!
GO IV!!!!
GO IV!!!!
inskrish
02-22 12:41 AM
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
Excellent point. We need to make sure the 'information provider' is not victimized.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
Excellent point. We need to make sure the 'information provider' is not victimized.
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gvenkat
10-16 10:50 AM
At the risk of getting red dots. let me give my two cents. All the flower campaign and protests worked when USCIS did a screw up, this time around it's not USCIS thats screwing up it's the DOS that allocates the # of visas.
No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.
And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.
Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.
Until then enjoy what u have and have fun.. :D:D
No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.
And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.
Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.
Until then enjoy what u have and have fun.. :D:D
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NKR
03-17 10:16 AM
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
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sam_hoosier
12-13 04:05 PM
You can get a colleague who has worked with you in the old company to give you an experience letter on his letterhead, and that will work for GC purposes.
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ksiddaba
07-04 07:39 PM
Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.
IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.
The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.
IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.
The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.
more...
msp1976
12-21 09:28 AM
Please take time to write to the New Jersey Senators this holiday season to encourage them to take up the immigration legislation
Lautenberg, Frank R.- (D - NJ) Class II
324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3224
Web Form: http://lautenberg.senate.gov/contact/
Menendez, Robert- (D - NJ) Class I
502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4744
Web Form: http://menendez.senate.gov/contact/contact.cfm
Lautenberg, Frank R.- (D - NJ) Class II
324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3224
Web Form: http://lautenberg.senate.gov/contact/
Menendez, Robert- (D - NJ) Class I
502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4744
Web Form: http://menendez.senate.gov/contact/contact.cfm
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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lazycis
01-18 06:54 PM
By law, you are not suppose to make copies of an official US document.
I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.
I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.
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ramaonline
12-26 01:40 PM
there is no concept of employee transfer after 140 approval. once u get 140 approved u can get 3 year incremental h1 extension due to retrogression- portability is also allowed during these 3 years - so u can join any employer. (h1 transfer) also note that if ur current employer does not revoke the 140 u can retain the PD and use it for a new gc application with a new employer, else u must start the LC-140 etc process once again.
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logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
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NKR
03-17 10:16 AM
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
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cableching
07-12 05:44 PM
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
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thomachan72
07-05 04:46 PM
Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
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Jaime
09-10 04:00 PM
Look forward to meeting you in DC!!!!!
senthil1
12-22 11:14 AM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
guy03062
12-12 04:18 PM
I read news on oh law firm few days back that USCIS is planning to abandon concurrent filing (I140 + I-485). So when USCIS has power to disallow that, then they may have power to allow file I-485 when visa not available. This is just my thought. Anyway it does not hurt to find it out from USCIS officials, rather than asking some lawyer or interpret our own.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.