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  • xyzgc
    01-10 11:04 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    The world feels Israeli attacks is disproportionate. The recent Gaza attacks and the Lebanese attacks are deemed disproportionate. But that's the only answer to rockets being launched into Israel and the bombing of commercial establishments in Tel Aviv.

    India does not attack Pakistan's terrorist camps at all.
    Its another example of grossly disproportionate response!!:mad:.
    Islamic fanatics come and violate my motherland at will makes my blood boil in useless rage. I'm even more appalled when Indians themselves remain insensitive of this fact and want to preach peace.

    India is not Israel and Israel is not India. Israel not only attacks the terrorists but also exports weapons to India. Such a tiny nation, one of the most advanced nations in South-West Asia and takes the bull by its horns!. India imports weapons from Israel, has growing defence budget of tens of billion dollars and does nothing to stop terrorism. Its absurd!





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  • IL_Guy
    06-08 11:42 AM
    [QUOTE. Life would be boring playing safe.[/QUOTE]

    Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.

    My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.

    Regards.





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  • rajuseattle
    07-15 01:58 AM
    Rajuram,

    The petition you are asking us to sign doesnt have legal standings. It doesnt have any strong argument to change USCIS's interpretation of allocating the spill over VISA numbers.

    Instead we should all focus our enrgy in getting Rep Lofgren's bill for recapturing the wasted VISA numbers.

    IV has launched the initiative by sending the Petition/letter to your local US congress reps and senators.

    IV petition is urging US congress and senate to consider Rep Lofgren's imigration relief bills for the legal immigrants, which will recapture the wasted VISA numbers and they are in the range of about 200,000, this will be good to retrogressed countries. Apart from IV their are other pro legal immigrant lobbiests who are working hard to get these pro legal immigration relief bills passed this year, but due to slowing economy anything US congress wants to do for immigration relief comes under scrutiny by anti-immigration forces and they try to kill these relief bills, on the other hand their are some groups in US congress and senate who wants the amnesty for all illegal immigrants and they are strongly opposing any kind of relief just to legal immigrants.

    Its a long battle ahead of us, and hope staying together and working with IV will help us rather than having war of words between EB-3 I and EB-2 I.

    Current letter writen by pani is inappropriate and it doesnt make our case strong.

    For Pani too, I am perosnally not against him, we all are frustrated with this GC situation, but unless USCIS gets more VISA numbers from congress, they can not do anything.

    I guess illegal immigrant lobby and some of the anti immigrant forces in Washington DC are strong enough and at this time they are influencing the law makers to not pass any pro legal immgrant relief.

    Our only hope is if IV succeed in getting some relief from US congress...or at some point the nurses from india and phillipines stop consuming the EB-3 quota. Remember when we were all stuck in the state employment agencies and DOL backlog centres, they were allowed to file I-140 without labor certifications and they were the major beneficary for some of the recaptured VISA numbers and the July 2007 VB fiasco when USCIS approved some unprecedented EB-3 India VISA numbers.





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  • nogc_noproblem
    08-05 02:15 PM
    A married couple in their early 60s were out celebrating their 35th wedding anniversary ...

    ... in a quiet, romantic little restaurant. Suddenly, a tiny yet beautiful fairy appeared on their table and said, "For being such an exemplary married couple and for being faithful to each other for all this time, I will grant you each a wish."

    "Ooh, I want to travel around the world with my darling husband" said the wife.

    The fairy moved her magic stick and... abracadabra!.... two tickets for the new Queen Mary2 luxury liner appeared in her hands.

    Now it was the husband's turn.

    He thought for a moment and said: "Well this is all very romantic, but an opportunity like this only occurs once in a lifetime, so I'm sorry my love, but my wish is to have a wife 30 years younger than me".

    The wife and the fairy were deeply disappointed, but a wish is a wish...

    So the fairy made a circle with her magic stick and .... abracadabra! ....the husband became 92 years old.

    The moral of this story: Men might be ungrateful idiots... But fairies are....female!



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  • ArkBird
    01-06 05:26 PM
    Tomplate,
    I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.

    But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.

    If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.

    So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.


    Egypt sent 62 Ambulance to evacuate sick and ills from the hospital of Gaza and Hamas didn't allow anyone to leave. Why?





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  • rajuram
    07-13 02:20 PM
    It is funny how EB2s are crying like little babies. Just a hint of EB3 getting more visas is making you guys sweat. You people have all the luck, nothing is going to happen so RELAX.

    Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.

    EB3s - mail out the letter PLEASE!!!!!



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  • Macaca
    12-30 06:41 PM
    India vs. China in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/30/india-vs-china-in-2010/) By Tripti Lahiri | IndiaRealTime

    Economists and western political leaders love to compare India and China, and it�s an understandably irresistible comparison: They�re both rising Asian economies with more than a billion people, and neighbors to boot.

    On India Real Time we�ve done a little of that ourselves from time to time.

    If you�re pressed for time we can sum it up like this: China has more of everything (except poor people.) If you�re not, here are five blogs that stacked India and China up against each other on different indicators in the past year.

    Warren Buffett: The billionaire from Omaha so far has appeared to be leaning a bit more towards China, at least in terms of investments. Mr. Buffett�s company, Berkshire Hathaway Co., holds a sizeable stake in Chinese battery and auto-maker BYD Co. And Mr. Buffett visited in September, along with Bill Gates, hoping to convince Chinese billionaires to give away more of their wealth to charity. The love is returned, with a Chinese man having paid a record $2.1 million to have a one-on-one lunch with the investing wizard.

    Mr. Buffett has said that he�d like to invest in India but his plans have been stymied by caps on foreign holdings in insurance.

    However, India can at least look forward to hosting him in the new year. The billionaire announced at a shareholders� meeting this year, in response to a question from a young Indian-American, that he plans to visit India in 2011, perhaps in March.

    The big-ticket event: India hosted the Commonwealth Games in October, China hosted the Asian Games in November. Of course, China�s already hosted the Olympics�and how�so it hardly seems fair to compare the two.

    But we did anyway. The news coverage of the Indian Games was rife with words like �delays,� �corruption,� �shambles� (we�re pretty sure that was the British press) and �filthy� until the opening night extravaganza quelled criticism for a bit.

    China, it appeared, had lovely, shiny venues ready to go about five months ahead of the event, so it could spend the final days flicking away little specks of dust from its Games merchandise.

    Their middle classes: According to a report on Asia�s middle classes this year, India still has about 650 million people living on under $2 dollars a day measured in 2005 purchasing parity dollars.

    China now has less than 100 million living on that amount. Yet there was a time, as recently as the 1990s, when the two countries had similar numbers of poor. China has just done a better job of lifting people from that bracket into the middle class, and not just onto the next rung �the $2 to $4 range, where a majority of India�s middle class folks fall.

    The majority of Chinese now fall in the �mid middle class� category that can spend $5 to $10, a group whose numbers appear to have quadrupled between 1995 and 2007.

    But don�t blame the slower rate of reduction in poverty on India�s political system, says John Lee of the Sydney-based think-tank Center for Independent Studies.

    The economy, stupid: China is still a much bigger economy than India, even though the two countries have roughly similar numbers of people. At a Hindustan Times conference on India, Shashi Ruia, chairman of Essar Group, compared the two countries on steel production, car production and trade.

    As we already said, China does more of everything. The gap is undoubtedly glaring on roads, electricity production, trains and other infrastructure.

    Surfing: India�s and China�s online populations belong to different worlds, judging by their Google searches. India appears to be firmly embedded in the English-speaking western world, looking for products like Nokia and applications like Facebook, Yahoo! and YouTube, although when it comes to films, it�s all Bollywood. China seemed to be the reverse�relying largely on Chinese applications but much more likely to seek out Hollywood films. They did have this much in common though: outr� pop star Lady Gaga.


    India and China in 2010 (http://online.wsj.com/article/SB10001424052970203525404576050850667532420.html) IndiaRealTime





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  • Berkeleybee
    05-17 01:31 PM
    My only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

    If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?

    Qualified_trash,

    IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.

    As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.

    best,
    Berkeleybee



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  • Alabaman
    08-13 08:11 AM
    ... nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..


    better still, we should contact Fox news... they would be glad to talk about this and CNN would then have to respond ;)





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  • manub
    07-07 10:19 PM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.



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  • Macaca
    02-25 07:50 PM
    Please post (with URL i.e. verifiable) Lou Dobbs lies. He is believed by some persons in other immigration forums. Thanks.





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  • nogc_noproblem
    08-29 09:07 PM
    When I Take a long time to finish, I am slow,

    When my boss takes a long time, he is thorough


    When I don't do it, I am lazy,

    When my boss does not do it, he is busy,


    When I do something without being told, I am trying to be smart,

    When my boss does the same, he takes the initiative,


    When I please my boss, I am apple polishing,

    When my boss pleases his boss, he is cooperating,


    When I make a mistake, I' am an idiot.

    When my boss makes a mistake, he's only human.


    When I am out of the office, I am wondering around.

    When my boss is out of the office, he's on business.


    When I am on a day off sick, I am always sick.

    When my boss is a day off sick, he must be very ill.


    When I apply for leave, I must be going for an interview

    When my boss applies for leave, it's because he's overworked


    When I do good, my boss never remembers,

    When I do wrong, he never forgets



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  • like_watching_paint_dry
    04-13 10:36 PM
    thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)

    You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o

    Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?





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  • gjoe
    07-15 06:55 AM
    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.



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  • msp1976
    04-08 09:00 AM
    Would you???
    of course not....
    The provision defeats the purpose of whole whistle blower clause...





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  • sanju
    12-17 05:34 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".


    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.



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  • pitha
    09-26 09:46 AM
    All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.




    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.





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  • Macaca
    02-16 09:38 AM
    From Va. Bar Could Reverse Limits On Firms Hiring Legislators (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/15/AR2007021502096.html).

    RICHMOND -- The organization charged with regulating Virginia attorneys is pushing to erase an ethics rule that for a half-century has prohibited the state's legislators from being employed alongside lobbyists at the commonwealth's largest law firms.

    The change, proposed by the Virginia State Bar's standing committee on legal ethics, could spark a bidding war among Richmond's leading law firms, which would be free to hire the speaker of the House of Delegates or the Senate floor leader even as their lobbyists prowl the halls of the General Assembly.

    That has outraged some in the legislature, who say the move would create dangerous conflicts of interest for the lawmakers and the lobbyists. And they say it adds to a perception that the General Assembly is a good old boys' club where deals are cut behind closed doors instead of in public committee rooms.





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  • masaternyc
    05-13 05:12 PM
    I heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....





    insbaby
    03-24 04:34 PM
    (my final thoughts ...)
    I am from bombay -- and actually we had more fun in the buildings / apartments because you end up spending more time outdoors with friends.

    I agree with you. But not all the people have the same luxury here as you may or may not see an apartment fills with people you look for and who can stay for a while at the same place, except bay area and couple of other areas filled up nationals of same countries. But surely not all over the country.

    So it is not a bad thing to move to a community if you find all in one place.

    Ofcourse, this is not to force everyone to buy a home and practically that is not possible.

    This is for someone who knows that he has plans to go with the current company for sometime and ready to buy a home, but just waiting, waiting and waiting........ for GC to do that.





    santb1975
    09-29 11:17 AM
    I am really frustrated being in this limbo after spending more than 10 years of my life here. This great land has given a lot to me and I really want to be part of this great nation and contribute to this land all my life. However, with my status still being temporary after 10 years it does not seem logical to make long term plans or make any investments in here.


    This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".

    When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.



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  • tanu_75
    07-28 03:52 PM
    dont ever ever dare to compare India and USA.


    A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.


    And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue.

    First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

    1. Not all EB immigrants are tech sector employees (esp in EB3)
    2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.





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  • gcisadawg
    01-03 02:20 AM
    My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!

    When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.





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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.



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  • qasleuth
    03-23 04:51 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    OK..people..the END OF SPECULATION..

    I got the email..here are the details asked for..

    and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..


    1. current resume
    2. copy of degree(s)
    3. W2s since 2000
    4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport � admission stamp and biographic page, etc)
    5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
    6. copy of income tax returns from 2000 to the present (all that are available)
    7. copies of work contracts since 2000


    Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get

    Any suggestions please?:mad:





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  • unitednations
    07-08 10:41 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.



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  • ghost
    07-17 11:00 AM
    Randall,

    We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).

    Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)

    We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.

    Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.

    The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.

    IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.

    The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.

    For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.

    IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.

    I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.





    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.





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  • nogc_noproblem
    08-08 02:42 PM
    If you enjoyed reading that one, you might like this one too.

    Mother-in-law: When you rearrange the letters: Woman Hitler


    This is hilarious! :)



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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.





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  • Macaca
    12-20 08:01 AM
    Congress's Mixed Results (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/19/AR2007121902030.html) Democratic promises meet legislative reality, Dec 20, 2007

    FOR CONGRESSIONAL Democrats, the first session of the 110th Congress offered a sobering lesson in the practical limits of majority control. Democrats delivered part of what they had promised to the voters who returned them to power last November and recorded some significant achievements. But more often, Democrats found their legislative plans stymied -- first by Senate Republicans' willingness to filibuster any proposal with which they disagreed, then by the president's newfound zeal to exercise his veto power. The scorecard, in the end, is disappointingly mixed. Still, Democrats are more to blame for overpromising than for failing to deliver; their triumphant promises of January were never realistic. Given the slenderest of Senate majorities and the willingness of the minority to wield the filibuster with unprecedented frequency, Democrats' maneuvering room was dramatically limited.

    On the plus side of the legislative ledger, President Bush signed an energy bill yesterday that will raise fuel economy standards for cars and light trucks for the first time in 32 years, to an average of 35 miles per gallon by 2020. That is a significant achievement, albeit one that could have been even greater had Republicans not blocked efforts to include new requirements for boosting use of renewable sources of energy and to eliminate tax breaks for oil companies.

    Likewise, Democrats were able to secure the first increase in the minimum wage in nine years and the largest expansion of college aid since the GI bill, cutting interest rates on subsidized student loans and increasing the maximum Pell grant. They passed an important lobbying and ethics reform bill that will shine light on the bundles of campaign cash delivered by registered lobbyists and clamped down on lawmakers' ability to accept meals, travel and entertainment from lobbyists and those who employ them.

    The keenest Democratic disappointment -- failing to force the president to rapidly withdraw U.S. troops from Iraq -- is no disappointment to us. Although unhappiness with the war in Iraq helped propel Democrats to victory, in the end President Bush was able to secure continuing funding for the war with no strings attached. Of far more concern: Democrats could not overcome presidential vetoes of bills providing for federal funding of embryonic stem cell research or expanding the State Children's Health Insurance Program. The children's health issue deserves another try next year; the extension that Congress adopted jeopardizes existing coverage for some children and makes it difficult for states to move forward with planned expansions of coverage.

    Democrats spent much of the session congratulating themselves, appropriately so, for reinstating pay-as-you-go rules requiring tax cuts or increases in mandatory spending to be paid for with offsetting tax increases or spending cuts.

    In the end, however, Democrats capitulated to a Republican refusal to pay for the $50 billion, one-year patch applied to the alternative minimum tax. The budget process was nearly as unattractive as ever, with a host of overdue spending bills wrapped into a giant package passed in the final hours of the session.

    Of most concern are the serious issues that remain unaddressed -- and that aren't likely to be taken up next year, either. An overhaul of the nation's failed immigration policy fell victim to ugly politics, despite the support of the president. Entitlement reform -- in particular a response to the looming Social Security shortfall -- never got off the ground, the victim of distrust and intransigence on both sides. Prospects next year for reauthorizing the president's signature education program, No Child Left Behind, look dim.

    The year before a presidential election is rarely a fertile moment for lawmaking; the poisonous level of partisanship in both houses makes that even more unlikely. Republicans seem to have concluded that their electoral hopes lie in blocking Democrats from ringing up any achievements. For their part, House Democrats have conveniently forgotten their pledges to treat the minority with more fairness than they were accorded when Republicans had control.

    Yet the new year will dawn with issues of enormous importance on the congressional agenda. In addition to those mentioned above, we would note the worthwhile proposal by Sens. Joseph I. Lieberman (I-Conn.) and John W. Warner (R-Va.) to adopt a cap-and-trade system for greenhouse gas emissions. Lawmakers and the president can continue to bicker and elbow for advantage until the next election rolls around -- or they can gamble that they have more to gain with a disgusted electorate by cooperating and getting something done.



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  • kumar1
    08-06 01:45 PM
    Dude - If you have issues, then fight for 50,000 Green Cards that USA gives away every year through a lottery. Why Indians are not eligible for that? Do you know that more than 80% of green cards are given based on family relations? They get green card just because their relative is a US citizen? Is it fair? Why an Indian/Chinesse graduate from Stanford should wait 6-10 years where someone is getting green card because his distant uncle (They do not remember when they met last time) is a naturalized US citizen? Even worse, fight against those scams where a non immigrant marries a US citizen for just getting green cards. Flight for those who have seen Backlog Reduction/Elimination days.....

    Out of all these causes, you got EB2/EB3 interfile cause? Shame on you! Please stop saying that you are from IIT. I have done B Tech from IIT and I do not remember that system producing garbage like you!





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  • brad_sk2
    01-06 02:19 PM
    News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?

    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs



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  • unitednations
    03-24 02:27 PM
    Why on earth would an employer need me if I don't have merits?

    I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.

    Is it fair to say that on one side you have the people who are trying to limit immigration.

    On the other side you have people who want friendlier immigration policies. Within the friendlier immigration poliices; you have more self interest groups:

    h-1b group of self interest
    Liberia self interest groups
    lawful permanent resident spouse
    political asylum groups
    aged out groups
    universities with student visas
    unlawful interest groups
    h-2 groups
    nurses, etc.
    employment base groups.


    All of these self interest groups go to media, senators, congressment etc., with their stories and why they think they should have their demands met. My personal opinion is that if a person can stay here and legally work and wait then they are not as disadvantaged as companies/people who are waiting to get in.

    When you are going to do advocacy you need to know beyond your individual case and how you stack up across the board.





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  • DallasBlue
    07-08 12:00 AM
    I guess a good CPA can be lot of help as well. if your husband doesnt have paystubbs and w2 company/CPA's can actually go back and correct them for mistakes/miscalculations.



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  • gc4me
    03-25 02:05 PM
    my 2 cents about real estate ......

    Think these 3 things before buying a house

    1. Location 2. Location and 3. Location

    The same house in Queens, NY is 900K, In Bronx, NY 400K, In Edison, NJ 700K and in Detriot 200K. Do the math.

    Also read this news.....I guess wait 6 more months before you buy a home
    http://biz.yahoo.com/ap/080325/home_prices.html





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  • GCKaMaara
    12-17 03:49 PM
    Your anger is justified, but what is your contribution to fix this? created a new IV handle TODAY to talk against a faith? So your other handle where you talk only about immigration will be clean? LOL!

    Your are really a brave Indian!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.



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  • pd_recapturing
    08-05 10:55 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
    Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..





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  • ns007
    07-08 06:43 PM
    I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.



    I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.

    With that said I also felt the pain as other members did due to the July bulletin fiasco.





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  • alias
    04-07 03:14 PM
    Who extensively opposes this bill (besides VI) will ultimately decide whether or not this bill will be enacted. I don't see anyone besides the consulting community/companies lined up. I would imagine Lou Dobbs likes and every American would like to see this bill passed. Companies like Microsoft, Google, Intel, IEEE etc. will benefit from this bill, as they can hire talent with easy, as they don't have to compete with companies like TCS, Infosys, Wipro and all other big/small body shopping companies for H1B cap. I guess we simply have to wait and watch to see what happens next.





    Marphad
    12-18 02:24 PM
    BTW, who is Antulay? I googled but no clue.

    Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay





    Macaca
    02-27 08:14 AM
    A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)

    John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.

    But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.



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  • anilsal
    09-07 11:50 PM
    I didn' want to reply to your arrogant posts but you really got me fired up. Can't take any more of your BS. Why don't you come back and post on 19th with a due apology on how you underestimated our strength.

    Way to go, brother. :)

    See you in DC. I like your reply. Sherman, where is the white flag?

    Here is a snippet for you to digest:

    "Immigration Voice To Organize A Peaceful Rally Of Legal, Skilled Foreign Professionals In Washington D.C. Immigration Voice (http://www.immigrationvoice.org (http://www.immigrationvoice.org/)), a grass-roots advocacy group of highly skilled legal immigrants is organizing a rally of skilled workers in Washington D.C. on Tuesday, September 18th, 2007 to draw the attention of US lawmakers and the American public toward the excessive delays and backlogs in the Employment Based Immigration system. Thousands of skilled, legal professionals, such as Doctors, Engineers, Scientists, MBAs and other professionals from all over the country are expected to participate in this unprecedented rally in the nation's capital. With this rally, they hope to impress upon the Congress the urgency and the necessity for reform in the Employment Based Immigration System."





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  • madhuvj
    09-18 01:00 AM
    You wanna talk to me, call me at 412 915 9526

    MadhuVJ
    GCStatus & MadhuVJ,

    192.168.xx.xx is private IP address. Your service provider is Comcast and your IP is 71.61.241.65. We would not post your IP if you do not stop making things up. We know that its the same person, you cannot convince otherwise. Look, I am not telling you to mend your ways, do what you feel helps your objective. But when we find something in competition with our objective, we will have to let you know. And as you suggested, please do send us your phone number. We sure would like to get a chance to speak with you.

    Thanks,





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  • uka
    05-14 03:27 PM
    --------------------------------------------------------------------------------

    Gurus,

    I received notice of decision for my wife's H-4 application and I am worried whether my case has been denied.

    This is the content of the case received from CA with WACxxxxxxxxxxx.

    NOTICE OF DECISION

    This notice is in reference to form 1-539, application for Extend/Change of Nonimmigrant Status, requesting a change of status to that of a dependent of a specialty occupation worker under section 101(a)(15)(H)(i)(b) of the Immigrantion and Nationality Act.

    It is ordered by the Director of the California service center, United States Citizenship and Immigration Sevices that the applicant's request for change of status be denied for the following reasons:

    As a dependent, the applicant's classification is subject to the principal alien's status. The nonimmigrant visa petition filed in behalf of the principal alien, seeking a concurrent change of status to a specialty occupation worker classification under 101(a)(15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principal alien's request for a change of nonimmigrant status has been den ied.

    Since the principal will not be classified as a temporary nonimmgrant worker until she/he obtains the HI-B visa abroad at a United States Embassy or consulate, and has been lawfully admitted into the United States in the nonimmigrant status, the applicant does not qualify for the requested change of status.



    I have not received any information about mine. Does it mean that my application will be processed at a consulate office outside the state? I am confused. I do not really understand it well. Please help explain it to me.





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  • thomachan72
    12-07 07:59 AM
    Saguar, this is not a simple issue and we cannot just this as an independent event. Yes these people are here ilegally but what do they do; work. Yes they work for meagre wages and reduce the price of commodities which would otherwise need to be imported from elsewhere. Now we have heard that due to some of the raids innocent children were torn apart from their parents who never came back from work. children came back from school to learn that they will never see their parents again. whole towns, churches and communities cried out in anguish when such events happen. The pain is tremendous. when you allow a problem to get so deep rooted into the society often the best way to handle it is to first accept it and then plan carefully. You cannot suddenly start deporting a minor fraction of these folks who have indeed contributed to the economy directly/indirectly. You can import cheap goods from other countries but people are now realizing that it is better to import labor and have work done here. This raids and intolerance has an element of hatred mixed in and it is not only about "law". Churches came forward to hide and protect the children who were affected by the raids. shouldn't the children be evicted too??



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  • Daisy
    04-12 02:19 PM
    I have sent my story just now.





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  • GCStatus
    09-17 11:42 PM
    We never received any email from you. I think you mean 4-5 posts. We did not believe that there was merit in responding to your posts. There is only so much time in a day. We can not practically respond to most of the posts, even if we want. But as I mentioned earlier, not responding to a post doesn't give you license to be rude and then later call it a joke. Its not funny because we take this effort very seriously.

    OK, paste my other posts ( which you think as rude ) as you mentioned. Like i said, you and i have no time for this. If you make a statement back it up. If you cant back it up, dont accuse others.



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  • seekerofpeace
    08-13 09:51 PM
    Just goes to show how screwed up USCIS is......I have Zero expectations from them and should be able to control my emotions and balance of mind on anything relating to them.

    GC was a mirage and will remain one...

    SoP





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  • jetflyer
    08-12 10:01 AM
    Can you post a link from where you got this data . Is it DOS or DOL ?

    Here you can get all:
    FLCDataCenter.com (http://www.flcdatacenter.com/CasePerm.aspx)



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  • mantagon
    06-10 11:55 AM
    for representing a community that can be so painfully thankless!!





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  • kpchal2
    08-21 10:37 AM
    hi jsb
    what makes you state with confidance that the preadjudicated cases will be evaluated. can you please explain the basis of your statement. both my case and my wife's case has been pre-adjudicated and i am waiting for my green card. so do you think we should expect our green card some time next month without any additional followup. i would hate to see my case being sidetracked when some one else with pd and rd much beyond mine is serviced. any thoughts and insights. not trying to offend anyone. just trying to get some information.
    thanks



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  • starlite
    07-21 12:00 PM
    I am new to this forum, so I am joining this tread.

    Hello,
    I worked up nerves to consult with the forum.
    Please read my history and answer questions below.
    Your non-judgmental and objective answers are greatly appreciated.

    I first came to the US on a tourist visa when I was 15 years old.
    I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.

    So here is the history:
    Dec. 1986: Enter the US on a tourist visa (age 15)

    June 1987: Out of status from the tourist visa for 10 years

    Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997

    July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)

    Aug. 1997: Reenter US on a F-1 visa

    Oct. 00: Initial H-1B

    Oct. 03: H-1B extension

    Dec.04: RIR filed (priority date)

    Sept.06: RIR approved

    Oct. 06: H-1B (7th year) extension

    Jan. 07: I-140 filed (pending approval)

    July 21, 2007: Preparing to file I-485 with the same employer since 2000


    So here are my questions:
    Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?

    Q2. If so, would I have to worry about getting the I-485 approved?

    Q3. If not, should I filed for I-485 at all?

    Q4. Any suggestions or possiblities to consider?

    Thank you.





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  • deecha
    07-20 11:26 AM
    We members of IV focus only for legal immigrants who haven't and will not break the law.

    I love your holier than thou condescending attitude. You probably break some law everyday ! Don't tell me you have never been speeding. You probably didn't get caught !

    I shouldn't even be replying to your post, but I'll bite and take the bait.

    I didn't break the law knowingly, I did come here legally. I just happened to fall in love with someone and moved to her state. It's too bad it didn't work out, however I have maintained legal status after leaving the country and re-entering, back in '04. Look at the chronology.

    Please try to offer constructive criticism or information. If you don't have any, move on.



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  • needhelp!
    11-17 12:26 AM
    thoreau..





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  • alak9801
    07-17 08:52 PM
    Hello Everyone,

    Thank you very much for your effort to bring this solution to all of us. You all proved that we could make difference.

    Shahid Alalm



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  • pappu
    03-09 11:20 AM
    This is very useful information. Pappu is unarguably right that it doesn't make sense to wait for a year even after paying $5K. The whole system is absurd.

    I am writing mail to Ombudsman regarding delay in replying FOIA.

    Guys, as IV is also putting all options and working on this, lets not loose our momentum and keep contributing towards this. Pappu's message clearly indicates that if needed, this fund will be used for this purpose specifically and also as he mentioned, we need more fund to get data earlier.

    Please edit your first post on the thread to include my post and update your post to start this action item. We do not have much time and need to move fast. USCIS took 4 months to reply to the letter and gave us only 1 month to reply. We have already lost a few days.





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  • vxg
    08-18 11:44 AM
    jsb,

    Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.

    The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).

    That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).

    Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...

    That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.

    I can tell you this that i talked to representative at TEXAS SERVICE CENTER (TSC) and he flat out told me that the RD of my case is Oct 10, 2007 however the receipts i have state a RD of Aug 3rd, 2007 with ND of Oct 10, 2007. I asked the TSC rep about this and she kept saying the date keyed in our system is Oct 10, 2007 and that is the date we go by.
    I have asked my lawyer to send a formal query and have also sent email to TSC after talking to National Service center as NSC recommended me to send a letter to TSC. My lawyer believes they will honor Aug 3rd but if i do not hear anything i will take INFOPASS and drill it down.



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  • sweet_jungle
    09-12 01:11 PM
    This thread starts with a call to all the EB2 people. Is it only the EB2 people suffering due to USCIS actions? Or are EB2 applicants a distinguised lot that they dont want EB3 to join with them?

    It is so depressing to see the attitude of some of these guys !!! There have been so many threads explaining the difference(or indifference) between the qualifications of the applicants.

    The suffering has been equally bad or even much worse for the EB3 applicants. I am an EB3 2003 applicant and my suffering has been equally painful. The campaign should be about fair treatment to every applicant, not alone EB2 or EB3.

    Any campaign will only be successful when we try to do something together.
    If you yourself are belittling the EB3 applicants, why do you have higher expectations from the American Citizens/Government.

    Thanks for having the patience to read my post, YOU BIG BROTHER EB2 applicant :-P


    Please do not try to thwart the campaign. We are trying to address a specific issue, which is about blocking approvals when dates are current, and for that, we are using this current fiasco as an example. The USCIS memo specifically talks about EB2 india, china applicants on hold. Since EB3 was listed as U, we cannot do anything about it. If both EB2 and EB3 were current, I would have given a call to both. There is no belittling out here. the Circumstances are like that.
    EB2 and EB3 are working together in the visa re-cpature.
    This is a separate issue, but will be useful when visa re-capture is successful.





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  • mohanty999
    08-21 10:28 AM
    Bottom line is getting VISA number assigned to file when current, and let them complete review at later time, once File has VISA number then its ready to for approval.

    Really? I thought the visa number is assigned only after the review is complete.





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  • petronut
    12-19 10:36 AM
    Just sent $20 through Paypal. This is my third contribution. The first $100 was through Paypal and the second $100 was by a personal check in the first half of this year. GO IV!





    pappu
    12-19 05:03 PM
    Thanks. I am sure with everyone's help we can surely be able to welcome the new year with confidence and make sure new year brings us immigration relief. This money is for yourself, so pls contribute generously. Gift yourself by contributing to IV and this money will work for you.





    chanduy9
    07-05 02:32 PM
    any reason y we are sending these flowers?? On the line of 'Lage Raho.' (An Indian movie where the protogonist preaches non violence and sends flowers instead)...


    We are doing it in a nice way...Join us.



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