GCard_Dream
12-12 05:48 PM
nomi,
I am very surprised that there is not as much interest in this thread as I had expected but you are doing great in trying to explore this avenue. I wish I had some of the answers. Keep up the good work.
I am very surprised that there is not as much interest in this thread as I had expected but you are doing great in trying to explore this avenue. I wish I had some of the answers. Keep up the good work.
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Ramba
07-14 06:18 PM
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
inskrish
03-11 03:03 AM
You are calling me anti-immigrant! Just because someone is spreading rumor and half-cooked information and I don't agree with him, I am called anti-immigrant.
I suggest that you look at my past posts.
I do NOT agree with the complaint that desi3933 is an anti-immigrant. He has been very helpful to the immigrant community, and has good knowledge in the immigration matters, so to speak; however, his tone of the question about "they vs they" and "spill over" is not good, in my opinion.
I suggest that you look at my past posts.
I do NOT agree with the complaint that desi3933 is an anti-immigrant. He has been very helpful to the immigrant community, and has good knowledge in the immigration matters, so to speak; however, his tone of the question about "they vs they" and "spill over" is not good, in my opinion.
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vin
09-28 04:08 AM
Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
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sprash
01-30 02:35 PM
Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Yes, I believe thats what they might be doing - preprocessing. There was no obvious 'trigger' event that caused RFE on my case either. They raised these RFEs even though I had not changed my sponsoring employer or transferred my h1b. I have a feeling they preprocessed mine too.
I don't mean to scare you (just prepare you for the worst) --- you might want to talk to some desi consultants and make an arrangement that in case the RFE is employment verification, they give you pay stubs from the time you were laid off. As you can see from my RFE, you might need to show your recent paystubs and employment verification. Yes, it will be a financial loss for you, but without these I believe your case can get rejected (gurus correct me if I'm wrong!).
Again I am is just hypothesizing your situation, your case might be entirely different. This is 'just in case'.....
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Yes, I believe thats what they might be doing - preprocessing. There was no obvious 'trigger' event that caused RFE on my case either. They raised these RFEs even though I had not changed my sponsoring employer or transferred my h1b. I have a feeling they preprocessed mine too.
I don't mean to scare you (just prepare you for the worst) --- you might want to talk to some desi consultants and make an arrangement that in case the RFE is employment verification, they give you pay stubs from the time you were laid off. As you can see from my RFE, you might need to show your recent paystubs and employment verification. Yes, it will be a financial loss for you, but without these I believe your case can get rejected (gurus correct me if I'm wrong!).
Again I am is just hypothesizing your situation, your case might be entirely different. This is 'just in case'.....
andy garcia
09-10 11:58 AM
Many are : they jailed themsleves inside their closets
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
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alterego
09-20 11:03 AM
To summarize this briefly.
The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.
Benefits are nearer term, Consequences are longer term.
Consequensces will be:
1) Bigger deficits, budget especially
2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.
3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.
4) Higher taxes, federal and state and city.
5) Lower US dollar and higher inflation.
Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.
The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.
Benefits are nearer term, Consequences are longer term.
Consequensces will be:
1) Bigger deficits, budget especially
2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.
3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.
4) Higher taxes, federal and state and city.
5) Lower US dollar and higher inflation.
Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.
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WillIWin?
07-24 01:36 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
more...
mjdup
01-17 03:49 PM
$50/mo..
---------------------------------------------
Subscription Payment Sent (ID #96M81233JP7721621)
In reference to:S-54A18250GT703020K
Original Transaction
Date Type Status Details Amount
Jan. 17, 2007 Payment To Immigration Voice Completed ... -$50.00 USD
---------------------------------------------
Subscription Payment Sent (ID #96M81233JP7721621)
In reference to:S-54A18250GT703020K
Original Transaction
Date Type Status Details Amount
Jan. 17, 2007 Payment To Immigration Voice Completed ... -$50.00 USD
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ags123
03-10 07:30 PM
I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
I have seen high activitiy in the last few months.
I have seen high activitiy in the last few months.
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coopheal
11-12 09:58 AM
IV core should have two focus: long term plan and a short term plan.
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.
However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.
However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.
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eb3India
07-01 10:26 PM
Hi guys techmia just created his ID and he must be from other side of the aile who just want see us as failure, please ignore these post and keep faith, remeber always we are legal and we follow law, this land is suppose to be land of law and no one is above it. if there is in justicse IV should fight with out fear, our strength is in our integrity and faith that we did;nt anything wrong and we should not be afraid of anything
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crazyghoda
01-30 01:50 PM
Yes I filed on July 5th 2007.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
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willgetgc2005
04-20 05:11 PM
If there si anyone form Cisco, can you please post this info in Cisco masala mailing list ?
I will send my phone number as pm.
I will send my phone number as pm.
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carbon
07-24 12:39 PM
If USCIS could interpret the law to their advantage we can use our resources
to fight their interpretation and force them to change their policy.
I also think we can even file a law suite in relation to "incorrect" interpretation
by USCIS.
to fight their interpretation and force them to change their policy.
I also think we can even file a law suite in relation to "incorrect" interpretation
by USCIS.
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SEP03NY
07-24 01:33 PM
we have to demand for allowing to file for EAD and Advance payrol.
Thanks
Thanks
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apt7
06-13 12:58 PM
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
This is true with ibm too. If all the desis leave ibm many highly funded projects will fail.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
This is true with ibm too. If all the desis leave ibm many highly funded projects will fail.
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ajay
03-23 10:58 PM
Labor Filed Sept 2004
Labor Got Dec 2005
I140 Premium Processing Feb 2006
I485 Aug 17 2007
Eid Filed Dec 2007 and Got it in Feb 2008
Labor Got Dec 2005
I140 Premium Processing Feb 2006
I485 Aug 17 2007
Eid Filed Dec 2007 and Got it in Feb 2008
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chanduv23
02-15 06:57 AM
I moved to a desi consulting company after I got layed off in 6th year of h1b. Things have worked out well after that and I got extensions as well as good salary everything is good, 140 approved, paperwork excellent etc.... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. They gave it but they started picking me for no reason, they got into a verbal rift with me and finally I had to talk to my employer and we deicded not to use their services anymore just for my case, because my employer was bullshitting to me that "Chandrakanth" is the only person having problem with the lawyer so "Chandrakanth will have a different Lawyer".
In general, there will be similar problems to any consultant, in my case, just the fact that my employer does treat me a bit fair and is willing to help.
So when you deal with consulting companies, be careful, not all employers will tend to support consultants.
I am now looking for an excellent lawyer who will straighten out things in terms of documentation and avoid mis representation of facts on my petitions (485 - long way to go). Till date, my current lawyer considered me a pain only because I was going over every petition of mine checking for discrepencies and they were not comfortable about it.
In general - based on what is going on in background during retrogression, consulting companies are under extreme sccrutiny for mis representing facts, so follow up ur petitions carefully.
In general, there will be similar problems to any consultant, in my case, just the fact that my employer does treat me a bit fair and is willing to help.
So when you deal with consulting companies, be careful, not all employers will tend to support consultants.
I am now looking for an excellent lawyer who will straighten out things in terms of documentation and avoid mis representation of facts on my petitions (485 - long way to go). Till date, my current lawyer considered me a pain only because I was going over every petition of mine checking for discrepencies and they were not comfortable about it.
In general - based on what is going on in background during retrogression, consulting companies are under extreme sccrutiny for mis representing facts, so follow up ur petitions carefully.
amsgc
03-16 05:40 PM
Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
Jaime
09-10 04:23 PM
Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!