immique
06-11 10:50 PM
I disagree with the earlier comment. I don't agree that any one(including EB3) lost due to July 2007 visa bulletin. sure it was haphazard by the way it was handled, but thousands of well qualified applicants from many retrogressed countries had a chance to file their I 485 and were able to obtain well deserved benefits like EAD, AP or themselves and their dependants which thy have been denied for many yearsdue to the inefficient processing of various agencies. people have to realize that all of us are in the same boat and most of the people getting unfair treatment are from the retrogressed countries waiting for their green cards for 8-9 years
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fide_champ
12-13 08:24 PM
I collected my passport with the visa stamped yesterday from the VFS center in chennai. I sent an e-mail on tuesday to the consulate and i got a response from them saying it could take another 4 days approx and the delay was caused by the recent change and the introduction of the PIMS database. It looks like they are digging through your old records as well.
For those people whose passports have been delayed, it's most probably due to the PIMS database and i suggest strongly to send an e-mail with the subject line "PASSPORT PENDING for more than 5 days" and you would most often get the response the next day. Do not call the consulate as they don't tell you what you want to hear. The person who answers the call is an indian and he/she would not have much information to give you.
For those people whose passports have been delayed, it's most probably due to the PIMS database and i suggest strongly to send an e-mail with the subject line "PASSPORT PENDING for more than 5 days" and you would most often get the response the next day. Do not call the consulate as they don't tell you what you want to hear. The person who answers the call is an indian and he/she would not have much information to give you.
sidbee
01-19 08:56 AM
This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
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pappu
03-29 04:05 PM
Pappu,
I do agree that my success (both personal and professional) depends on:
1) Ability to file I-485 so my wife can start working. She has a MS in Computer Science degree which she acquired while on H4, which in an itself is a major accomplishment. But, she can't do much beyond this. Lots of employers stay away from filing H1 these days. So her best bet is get EAD soon so she can start working.
2) Ability to file I-485 gives the benefit of visa-stamp-less travel. We've been postponing traveling to India due to the hassles involved in H1 stamping.
3) Ability to get greencard will give us peace of mind for sure.
I do know IV is working to reduce backlogs, remove per-country quota, admin fixes, and much more. I do not of any other platform that is helping employment based immigrants...which is why I'm participating in the advocacy days and I just contributed $100 towards the cause.
I hope IV slowly but surely gets enough mass of people to become a self-sustaining organization that can make impact to the lives of immigrants. You and other IV volunteers are surely doing a great job.
Thanks.
Thank you for your support
I do agree that my success (both personal and professional) depends on:
1) Ability to file I-485 so my wife can start working. She has a MS in Computer Science degree which she acquired while on H4, which in an itself is a major accomplishment. But, she can't do much beyond this. Lots of employers stay away from filing H1 these days. So her best bet is get EAD soon so she can start working.
2) Ability to file I-485 gives the benefit of visa-stamp-less travel. We've been postponing traveling to India due to the hassles involved in H1 stamping.
3) Ability to get greencard will give us peace of mind for sure.
I do know IV is working to reduce backlogs, remove per-country quota, admin fixes, and much more. I do not of any other platform that is helping employment based immigrants...which is why I'm participating in the advocacy days and I just contributed $100 towards the cause.
I hope IV slowly but surely gets enough mass of people to become a self-sustaining organization that can make impact to the lives of immigrants. You and other IV volunteers are surely doing a great job.
Thanks.
Thank you for your support
more...
walking_dude
11-14 02:42 PM
Keeping our differences on Alexander asides :), thanks for doing the right thing. I greatly appreciate you doing it though you don't live in Michigan.
I totally agree with you on this hypocrite Lou Dobbs and also admire your determination and sticking to your views. I too belive that we can make a change if we are determined. I have written my views to the radio station eventhough I don't listen to that channel as I live somewhere far. I hate to side track the issue but I couldn't control my self to accept that Alexander was great( that apprears in your posts) I stongly belive that he was not great but was a coward (I came to conclusion after reviewing the history)
I totally agree with you on this hypocrite Lou Dobbs and also admire your determination and sticking to your views. I too belive that we can make a change if we are determined. I have written my views to the radio station eventhough I don't listen to that channel as I live somewhere far. I hate to side track the issue but I couldn't control my self to accept that Alexander was great( that apprears in your posts) I stongly belive that he was not great but was a coward (I came to conclusion after reviewing the history)
gcisadawg
04-09 07:09 PM
The Pediatrician told us that she should not take the vaccince based on the manufacturer's literature. They gave us a letter to that effect and the Civil Curgeon then applied for a blanket waiver.
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
more...
nk2006
07-12 11:50 AM
Friends,
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Nobody knows anything - this is just a rumor for now. Though I love to see it be true, I dont think it will happen. Re-reversing the visa bulletin will get more attention than the original reversing and USCIS might try to avoid that. But after JULY 2nd I wont get surprised with anything now (regarding visa bulletins and USCIS's stupidity).
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Nobody knows anything - this is just a rumor for now. Though I love to see it be true, I dont think it will happen. Re-reversing the visa bulletin will get more attention than the original reversing and USCIS might try to avoid that. But after JULY 2nd I wont get surprised with anything now (regarding visa bulletins and USCIS's stupidity).
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DesiGuy
09-17 12:20 PM
lunch is at 1... another small ammendement proposed.
so 6020 does not seem to be completely over. only the 'ammendment to the ammendment' failed earlier.
they are arguing wheterh "page 2, line 11 has word OR in it or not" :rolleyes:
so 6020 does not seem to be completely over. only the 'ammendment to the ammendment' failed earlier.
they are arguing wheterh "page 2, line 11 has word OR in it or not" :rolleyes:
more...
trueguy
08-25 04:11 PM
There is a spillover of 22000 visas from FB to EB starting Sep 01 2008. Does anybody know how this spillover is divided between EB1/EB2/EB3?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
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paskal
05-24 10:03 PM
Doesnt consulting clause remove most of the Indian companies from the picture anyways?
only time will tell...
only time will tell...
more...
atlfp
11-14 12:45 PM
He does not worth such attentions!
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485Mbe4001
03-09 12:36 PM
If someone has experience with working on the software they use for this site, they should volunteer their services. Dont we have a single 'Skilled' immigrant who can help implement those suggestions. This would be a great non cash contribution.
So I am assuming we have a way to track who they are. Why don't we tag them - on the colored button on the top right, saying something like "xxx doesnot want to contribute but has posted 239 messages" and let people decide whether to read or ignore his message.
So I am assuming we have a way to track who they are. Why don't we tag them - on the colored button on the top right, saying something like "xxx doesnot want to contribute but has posted 239 messages" and let people decide whether to read or ignore his message.
more...
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gauravster
05-04 11:32 AM
Many folks suggest that this BIll (when turns into a law) would promote outsourcing..but how does these set of changes being proposed by Odama's admin. would affect outsourcing??
http://thecaucus.blogs.nytimes.com/2009/05/04/obama-takes-aim-at-offshore-tax-havens/?hp
I know it wont "stop" outsourcing in any way but seems like they claim that they are " taking away the tax advantages of companies shipping jobs overseas"...Iam sure its more complicated than that..
However the kind of tone being set by the incumbent these days, I believe reflects the current administrations policies that might trickle to us(documented workers) as well.. not sure..
However this can be also looked at, the adminstartion si trying to "show" that they are doing whatever they can disccourage companies from sending jobs overseas..and then eventually take a stab at CIR..wishful thinking..:D
To read other side of the coin, go to Wall Street Journal. http://online.wsj.com/article/SB124144387757983265.html#mod%3DtestMod%26articleT abs%3Darticle
Not sure if it prevents outsourcing or not. It will have a significant impact on all fortune 500 companies incorporated in US. it would encourage companies to be incorporated somewhere else and set up a subsidiary in the US, so that international income is not taxed.
Exposing tax havens is one thing, but taxing income of corporates generated in another country another.
I think a government should only tax GDP produced within its borders and income of people living within the borders. The benefit of being incorporated in the US is usually that of access to capital markets, but in a globalized world even companies incorporated at other places have this access now.
Overall this is a good bill(esp when applied only to individuals), a lot would depend on what gets passed finally. For corporates the high tax rate is very high(35%, deductions bring it down to an average rate of 25%) and while these deductions are removed, the top rate has to come down, something which seems to be missing.
My view is that with regard to taxes, rather than a fix here, a fix there and making taxes more complicated, it would be better to just simplify it as a whole, abolish most, if not all deductions(keep deductions used by most 90% people which are few) and charge a fixed 15-20% of GDP (with some progressivity).
http://thecaucus.blogs.nytimes.com/2009/05/04/obama-takes-aim-at-offshore-tax-havens/?hp
I know it wont "stop" outsourcing in any way but seems like they claim that they are " taking away the tax advantages of companies shipping jobs overseas"...Iam sure its more complicated than that..
However the kind of tone being set by the incumbent these days, I believe reflects the current administrations policies that might trickle to us(documented workers) as well.. not sure..
However this can be also looked at, the adminstartion si trying to "show" that they are doing whatever they can disccourage companies from sending jobs overseas..and then eventually take a stab at CIR..wishful thinking..:D
To read other side of the coin, go to Wall Street Journal. http://online.wsj.com/article/SB124144387757983265.html#mod%3DtestMod%26articleT abs%3Darticle
Not sure if it prevents outsourcing or not. It will have a significant impact on all fortune 500 companies incorporated in US. it would encourage companies to be incorporated somewhere else and set up a subsidiary in the US, so that international income is not taxed.
Exposing tax havens is one thing, but taxing income of corporates generated in another country another.
I think a government should only tax GDP produced within its borders and income of people living within the borders. The benefit of being incorporated in the US is usually that of access to capital markets, but in a globalized world even companies incorporated at other places have this access now.
Overall this is a good bill(esp when applied only to individuals), a lot would depend on what gets passed finally. For corporates the high tax rate is very high(35%, deductions bring it down to an average rate of 25%) and while these deductions are removed, the top rate has to come down, something which seems to be missing.
My view is that with regard to taxes, rather than a fix here, a fix there and making taxes more complicated, it would be better to just simplify it as a whole, abolish most, if not all deductions(keep deductions used by most 90% people which are few) and charge a fixed 15-20% of GDP (with some progressivity).
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shahuja
02-03 05:32 AM
H1baspirant, you should be fine..my brother was F1-OPT-H1. His interview was in ND and kept his pp. he got his pp back with stamp withiin 9 calendar days..i think you PIMS should be done. In mumbai they are asking candidates to drop pp and etc once PIMS is verified. So maybe your case is same..
i was interviewed on on Jan 14th..so far its 21st calendar day..they have my pp and i am just waiting each day..mine is H1B renewal.
i was interviewed on on Jan 14th..so far its 21st calendar day..they have my pp and i am just waiting each day..mine is H1B renewal.
more...
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raj1998
04-19 12:54 PM
Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!
I work for intel, there are quite a few guys with under graduate degrees in Mathematics (though I will say that not anyone from India, that I know of) on H1b and I dont find them inferior to any of us 4 year BE employees. Secondly, I also dont agree to the online degree comment as well. My collegue just finish his Masters from North Carolina University and I can say it was not easy...
I work for intel, there are quite a few guys with under graduate degrees in Mathematics (though I will say that not anyone from India, that I know of) on H1b and I dont find them inferior to any of us 4 year BE employees. Secondly, I also dont agree to the online degree comment as well. My collegue just finish his Masters from North Carolina University and I can say it was not easy...
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gkebiz
01-14 10:25 PM
Dear ALL,
I have written directly to the President-elect Barack Obama in response to an invitation to contribute to his Citizen Briefing Book in his change.gov website.
PLEASE GO to this link and VOTE for this article in order that it may be taken up by the Charter to be presented to the President. Click here ---
http://citizensbriefingbook.change.g...Pos=0&srKp=087
I have written directly to the President-elect Barack Obama in response to an invitation to contribute to his Citizen Briefing Book in his change.gov website.
PLEASE GO to this link and VOTE for this article in order that it may be taken up by the Charter to be presented to the President. Click here ---
http://citizensbriefingbook.change.g...Pos=0&srKp=087
more...
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485Mbe4001
08-12 01:03 PM
If you look at the PD progress for EB3 I, the only movement was during March and April 07.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
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easygoer
05-26 06:17 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
Thanks realizeit to present simple format.
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
Thanks realizeit to present simple format.
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Legal
05-24 01:27 PM
go stand in line for a Z1. The documentation required is flimsy (some affidavits).
if a background check reveals that you had been on H-1 you won't be eligible for Z visa. You have to come up with a new face, new name, and new ID. Looks daunting but less daunting than getting GC legally.
if a background check reveals that you had been on H-1 you won't be eligible for Z visa. You have to come up with a new face, new name, and new ID. Looks daunting but less daunting than getting GC legally.
raj2007
06-16 12:50 AM
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
bigboy007
04-26 07:48 PM
Your view is right myfriend. No one cant be in your shoes but it cant be channeled at L1's. ppl here feel the heat of outsourcing through H1/L1 as thats the route taken. But if there is limited oursourcing everyone is happy. We are missing that and technically that cant happen due to trade issues... as i said If not H1 then L1 else B2....... On B2 one is NOT supposed to work they still abuse.. .
you will know when you face layoffs and unfairly they target you.
you will know when you face layoffs and unfairly they target you.
