delhiguy
07-06 12:33 PM
What if USCIS doesnt return the applications , and releases a press note ,s aying that all applications are being accepted , but they would be processed later (not approving EAD and AP). That would be creating more havoc in our lives.
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heywhat
08-27 02:00 PM
our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
You can apply H1 extn earlier than 6 months. Mine was expiring in Sep 07. I applied on Jan 5th 07. Got 7-8-9 year extn in March.
Strange...
You can apply H1 extn earlier than 6 months. Mine was expiring in Sep 07. I applied on Jan 5th 07. Got 7-8-9 year extn in March.
snathan
03-15 10:29 PM
I am just wondering why in the world has someone done this stupid things... and suffer like this.
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centaur
04-13 04:07 PM
well said my friend
often times, i see that there are people who say India is getting better than US. Wages are going up. H1b is tiring. H4 dependents are not able to work.
but not once is the person posting the message declaring that he is leaving to India. He/She thinks that more "people from india will not come" . It is the person's ulterior motive that people from india should not come to US.
once i am in, let the doors close behind me.
Our attitude is playing one against another. We just need unity among ourselves.
EB1 against EB2. EB2 against EB3. EB3 against Family based etc. But fact of the matter is that our own brother/sister might belong to the same category. What if our parents fall sick. Would we want them to come to america or should we move back to India.
let us all be together in our efforts. If not, at the very least be neutral instead of imposing our thoughts on everyone else except the owner of the thought
often times, i see that there are people who say India is getting better than US. Wages are going up. H1b is tiring. H4 dependents are not able to work.
but not once is the person posting the message declaring that he is leaving to India. He/She thinks that more "people from india will not come" . It is the person's ulterior motive that people from india should not come to US.
once i am in, let the doors close behind me.
Our attitude is playing one against another. We just need unity among ourselves.
EB1 against EB2. EB2 against EB3. EB3 against Family based etc. But fact of the matter is that our own brother/sister might belong to the same category. What if our parents fall sick. Would we want them to come to america or should we move back to India.
let us all be together in our efforts. If not, at the very least be neutral instead of imposing our thoughts on everyone else except the owner of the thought
gcseeker2002
12-10 04:53 PM
Is the use of EAD possible from 180 days after Receipt date or notice date ? I just crossed the 160 day mark, but I still dont have EAD. Can I use the requirement to use EAD(like a pending job offer) as a reason for Emergency to expedite my EAD, the uscis folks want some real reason to expedite the EAD application.
BharatPremi
10-24 05:09 PM
july 2nd filer
http://www..com/discuss/485eb/63774255/
Yep, It is luck nothing else...
http://www..com/discuss/485eb/63774255/
Yep, It is luck nothing else...
dudes2006
02-10 06:54 PM
Project_A - Were you ablle to file Eb2 and got approval after doing online MS ? How does USCIS treat online MS compared to full time MS for approving under eb2 ?
I also have 3 year degree + 1 year PG+ 20 years progressive experience. How can I file under eb2 ? I heard that USCIS looks for 4 year degree for approval under eb2.
I also have 3 year degree + 1 year PG+ 20 years progressive experience. How can I file under eb2 ? I heard that USCIS looks for 4 year degree for approval under eb2.
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gsc999
09-22 06:40 PM
I have added a poll to this thread.
BharatPremi
10-25 10:37 AM
Vkkkk,
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
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felix31
04-26 05:47 PM
Great job IV team,
I am so glad about this article - and I am circulating it among my friends at my school..
I am so glad about this article - and I am circulating it among my friends at my school..
bkr
08-25 12:20 PM
Yes, I am also in the same boat. Filed my 9th year extension in March, responded RFE during 1st week of August. Mine will be expiring in 3 more days. Hoping to get the extension soon.
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Caliber
04-02 01:20 PM
Is it a guaranty or just assumption that we get GC in few months if we pool $300 ??? sounds to me is a guaranty.. can you back this up with reasonable explanation????
Sorry, if I did not state properly. I did not mean it and there is no guaranty. But if we have more money, IV core can go ahead and lobby with full force.
Apologize for the miscommunication.
Sorry, if I did not state properly. I did not mean it and there is no guaranty. But if we have more money, IV core can go ahead and lobby with full force.
Apologize for the miscommunication.
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belmontboy
03-15 10:01 PM
Thank you La_guy and others....
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
Any visa form or I-94 form at POE will contain a section for declaring these.
Yes, you have to indicate. If you don't and they findout it would constitute perjury leading to revocation and possibly complicate your life further.
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
Any visa form or I-94 form at POE will contain a section for declaring these.
Yes, you have to indicate. If you don't and they findout it would constitute perjury leading to revocation and possibly complicate your life further.
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sidbee
01-14 08:42 PM
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.
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getgreensoon1
05-10 08:06 AM
Try to respect others and feel sorry about their situation.
Try to respect people who are trying to 'buy' an MS degree for the purpose of greencard ? Instead of feeling sorry for their situation, you should feel sorry for the legit EB2 applicant who these guys screw up by taking this backdoor approach.
Try to respect people who are trying to 'buy' an MS degree for the purpose of greencard ? Instead of feeling sorry for their situation, you should feel sorry for the legit EB2 applicant who these guys screw up by taking this backdoor approach.
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redcard
09-15 08:19 AM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
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ashkam
06-28 02:18 PM
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
I thought you just needed your receipt number to file for 485, not the physical receipt.
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
I thought you just needed your receipt number to file for 485, not the physical receipt.
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vineet
08-12 01:14 PM
vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
Cool...This gives me some hope that my PD of May 8th will also be considered current from Sep 1.
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
Cool...This gives me some hope that my PD of May 8th will also be considered current from Sep 1.
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BharatPremi
07-06 12:51 PM
I would not worry much about whether we receive our package back or not. Because If USCIS is "rejecting" then how would you/your lawyer know that it has "rejected" it unless it sends the crap back. So legally USCIS HAS to return /mail back to you otherwise it will face another lawsuite. The real question is How it will reject it? Would it open a package and check for insufficient/improper documents and put a note about it and then reject it OR just put a note of rejection on closed envelope and returned back without opening it? In second case we are absolutely fine as far as second time filing is concerned but guys in first scenario if you really send insufficient documents/improper documents then your case may be screwed permanently for second time filing. Actually people MUST ask about this to their lawyers before jumping into the bandwagon. I have asked and waiting for my lawyer's response.
eb2waiter
05-28 06:16 PM
You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
mpadapa
07-20 12:12 PM
EB3 India, PD Jan 2004. AOS applications delivered on July 2 by Express Mail.