raju123
07-06 02:49 PM
This is the great break through so far as long as media attention is concern. NBC nightly news is very popular news. I always watch NBC news.
Thanks to Dr. Murtaza Bahrainwala.
Thanks to Dr. Murtaza Bahrainwala.
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GCInThisLife
07-19 12:25 PM
Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
dsva
01-11 12:39 PM
I sent the letter to the President and copy to IV on 01/08/2007.
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spindoctor
07-19 06:36 PM
"Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
Hmm. That looks like the solution to my problem. So If my GC is approved in a month, I go to India myself, get my wife's consular processing done through follow to join route and bring her back together. (Assuming follow to join process takes just a couple of months). If my GC is still pending, then I go to India and bring my wife on a visitor visa, and then apply her I-485 in US.
So the basic message you seem to be giving is that just because my GC is approved, it does not close doors for my wife. She still has 6 months to get going. Right?
Hmm. That looks like the solution to my problem. So If my GC is approved in a month, I go to India myself, get my wife's consular processing done through follow to join route and bring her back together. (Assuming follow to join process takes just a couple of months). If my GC is still pending, then I go to India and bring my wife on a visitor visa, and then apply her I-485 in US.
So the basic message you seem to be giving is that just because my GC is approved, it does not close doors for my wife. She still has 6 months to get going. Right?
more...
axp817
04-06 03:09 PM
One way of thanking IV is by making a donation, so that IV can continue to help others like you.
just a thought.
Good luck with your situation.
just a thought.
Good luck with your situation.
ssharma
07-04 01:24 PM
Dear IV folks,
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
more...
styrum
12-19 03:48 PM
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
2010 Happy Birthday Peter Parker
Sakthisagar
10-26 04:04 PM
Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
more...
mbawa2574
08-20 04:42 PM
Go get a good lawyer .File a lawsuit against attorney for breach of contract and ask for minimum 5 to 6 million dollars in damages. see if you can involve the company too. screw their happiness to the largest extent . Expose your employer and file a complaint that he forced you to pay for your labour cert and 140 expenses. DOL will shut him down as they are already investigating these fraud shops.
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nixstor
02-11 04:23 PM
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
more...
485InDreams
08-20 06:27 PM
If i get correctly...Labour Substitutionhas been banned..right???
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waitin_toolong
07-31 12:14 PM
guys cool down it took them till end of May about 2 months to issue all receipt notices for H1 filed on Apr 2 this year. With the whole yes-no-yes situation this month they are definitely backlogged. Lets just wait till we actually get the receipts .
there is no point in calling names.
there is no point in calling names.
more...
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chakdepatte
08-05 02:38 PM
NSC: July 2nd 2008
Received Paper Receipts: July 08th 2008
EAD Card Ordered Aug 05th 2008
Received Paper Receipts: July 08th 2008
EAD Card Ordered Aug 05th 2008
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ragz4u
04-02 08:54 AM
Guys, we need much more support. Please talk to your friends/colleagues anyone else you know!
Thanks
Thanks
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mybid2003
11-10 09:43 AM
I recently moved from NC to PA. I have not yet received my FP notice at my old address. Is it possible to have this changed to PA? Is reschedule possible? Can someone please respond?
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mmj
04-24 08:32 PM
I think 90% of the people are doing nothing :(
People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...
People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...
more...
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angelfire76
08-10 01:00 PM
The best thing DOL did was to get rid of Labor Subs. Period.
Why:
1. I've paid Social Security taxes + Medicare + Income taxes longer than people who've come here in 2006 and used LS. If I don't get GC (frustration due to retrogression), aren't these guys enjoying (or going to enjoy) benefits that I've paid for, for a longer time.
2. It's really no different than the system in India (or what used to be)for getting everything from telephone, passport etc. where a select few jump ahead in line by either knowing somebody or paying somebody. Isn't that one of the reasons a lot of us decided to move to the US for better(fairer?) opportunities.
3. Isn't this very similar to the falsifying of experience people do to get better positions in a company?
4. Yes, I do have a problem if after slogging my butt off to get a Ph.d, somebody with 3 yrs + 2yr of NIIT comes in through desi consultancy and gets far ahead in line than me. Now before somebody says NIW+ EB1, let me tell you that it's not that easy to get it in the Computer Sciences.
Anyway, having said that it's no time to be divided, but to present an unified front in getting legislation passed that eliminates exactly this kind of discussion. Atleast 20 yrs down the line when we talk about arranging marriages between our children, let how we got GC be a deciding factor in who's got the bigger status :D
Why:
1. I've paid Social Security taxes + Medicare + Income taxes longer than people who've come here in 2006 and used LS. If I don't get GC (frustration due to retrogression), aren't these guys enjoying (or going to enjoy) benefits that I've paid for, for a longer time.
2. It's really no different than the system in India (or what used to be)for getting everything from telephone, passport etc. where a select few jump ahead in line by either knowing somebody or paying somebody. Isn't that one of the reasons a lot of us decided to move to the US for better(fairer?) opportunities.
3. Isn't this very similar to the falsifying of experience people do to get better positions in a company?
4. Yes, I do have a problem if after slogging my butt off to get a Ph.d, somebody with 3 yrs + 2yr of NIIT comes in through desi consultancy and gets far ahead in line than me. Now before somebody says NIW+ EB1, let me tell you that it's not that easy to get it in the Computer Sciences.
Anyway, having said that it's no time to be divided, but to present an unified front in getting legislation passed that eliminates exactly this kind of discussion. Atleast 20 yrs down the line when we talk about arranging marriages between our children, let how we got GC be a deciding factor in who's got the bigger status :D
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diptam
08-20 09:50 PM
I understand your mental condition because my Labor was also traded in market during 2004... Dont take any impulsive step by reading forums ! Make sure you 've correct docs and stuffs before letting employer know that you sued them. Remember they can revoke H1B anytime showing completely different reasons.
Also remember you have to pay for your lawyer - this is not going to be a 'class action' or any 'criminal trial' that you be will assisted with lawyer.
I'm not discouragaing you to complain against wrong-doers but be ready before cracking down on them.
Good Luck !
No, they stopped responding to my emails from last month.
Also remember you have to pay for your lawyer - this is not going to be a 'class action' or any 'criminal trial' that you be will assisted with lawyer.
I'm not discouragaing you to complain against wrong-doers but be ready before cracking down on them.
Good Luck !
No, they stopped responding to my emails from last month.
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rockstart
04-21 03:13 PM
Trust me there is no way you can sell a diploma as equivalent to degree program. I mean all people can do is if they have 3 Yr BSc + 2 Yr MSc they can hope that CIS accepts it as equal to 4 Yr BS degree. I have seen cases of AMIE candidates rejected stating that US does not recognize AMIE. Now in these two cases atleast their home countries recognize their degrees, In your case India govt will also classify you as diploma holder and not degree holder. Also how can you add 1st year BCom with Hotel Management diploma I mean they are 2 completely different streams?
Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
malibuguy007
09-16 09:47 PM
Applied: July 30th
FP: August 15th
Approval Email: September 16th
Total time 47 days for approval for me and my wife.
FP: August 15th
Approval Email: September 16th
Total time 47 days for approval for me and my wife.
god_bless_you
03-16 11:40 AM
can we stress on getting unused 100,000 unused visa numbers from previous years in mean time as a short term relief!!
is new bill required for doing this ?
is new bill required for doing this ?