snathan
01-13 06:10 PM
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
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vdlrao
07-21 07:59 PM
If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!
The unused Employment Based visas will be added to the following year's Family Based visas.
The unused Employment Based visas will be added to the following year's Family Based visas.
shx
08-02 03:52 AM
Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
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smisachu
06-16 02:55 PM
You cannot compare a recession to retrogression. A recession is a shrinking economy which is a natural correction of supply and demand. Retrogression is an artificial rationing which has no bearing on demand. It is almost un democratic and prejudiced. What they are doing here by imposing caps by country is they are rationing brilliance. Is it our fault that India and China produces more number of PhD?s and engineers than say Kenya or Denmark?
If you are looking for diversity look for it under family immigration and not under employment based immigration.
Your analogy of recession works for the H1. As you see in a falling demand environment the demand for H1 visas this year is tepid compared to previous years. There is no excess supply in employment based immigration as all EB immigrants are gainfully employed and hence ?Employment Based? immigrants. There certainly are some who have purchased substitute labor certifications and finding loop holes in the law through consulting firms. I doubt that they are a significant part of the population waiting for visa numbers.
Your attaining green card is luck more than Pluck. Due to random visa allotment last year many people with dates in 2006 were given green cards ignoring people with prior dates. Now do you intend to say that they were more qualified than those with older priority dates? The whole intention of retrogression is not even to weed out the bum applicants, it is just a result of apathy towards a small immigrant population which is politically insignificant. You can argue all you want of the survival of fittest, but the basic fact is if some one has a PhD in physics and has multiple companies offering jobs, he is not going to stand in line meekly to collect his green card after 10 years. He is going to leg it and go to some other country who will welcome him and his intellect with open arms. So the fittest will be gone and only the mediocre will be left.
The current retrogression is not a way to filter the fittest out; it is just dumb political red tape.
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
If you are looking for diversity look for it under family immigration and not under employment based immigration.
Your analogy of recession works for the H1. As you see in a falling demand environment the demand for H1 visas this year is tepid compared to previous years. There is no excess supply in employment based immigration as all EB immigrants are gainfully employed and hence ?Employment Based? immigrants. There certainly are some who have purchased substitute labor certifications and finding loop holes in the law through consulting firms. I doubt that they are a significant part of the population waiting for visa numbers.
Your attaining green card is luck more than Pluck. Due to random visa allotment last year many people with dates in 2006 were given green cards ignoring people with prior dates. Now do you intend to say that they were more qualified than those with older priority dates? The whole intention of retrogression is not even to weed out the bum applicants, it is just a result of apathy towards a small immigrant population which is politically insignificant. You can argue all you want of the survival of fittest, but the basic fact is if some one has a PhD in physics and has multiple companies offering jobs, he is not going to stand in line meekly to collect his green card after 10 years. He is going to leg it and go to some other country who will welcome him and his intellect with open arms. So the fittest will be gone and only the mediocre will be left.
The current retrogression is not a way to filter the fittest out; it is just dumb political red tape.
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
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ajay
07-07 07:17 AM
There are several threads discussing this topic, but I have not been able to get a firm answer for my case.
I have an approved I 140. I waited for six months after applying for 485 and accepted a job with another employer. I am working for this employer on H1B.
I now have a visa valid till 2011.
My confusion arises here -
I am planning to go for a vacation to India and understandbly due to PIMS delays do not want to get my new H1 stamped.
Can I use my AP to enter the country and continue to work using my H1?
I know from this forum that many people have returned on AP and continued to work on H1, but in their case they are still working for the original Green Card sponsor.
All my excitement about going on vacation has dimmed because of this confusing factor.
Any inputs will be greatly apprecaited.
I have an approved I 140. I waited for six months after applying for 485 and accepted a job with another employer. I am working for this employer on H1B.
I now have a visa valid till 2011.
My confusion arises here -
I am planning to go for a vacation to India and understandbly due to PIMS delays do not want to get my new H1 stamped.
Can I use my AP to enter the country and continue to work using my H1?
I know from this forum that many people have returned on AP and continued to work on H1, but in their case they are still working for the original Green Card sponsor.
All my excitement about going on vacation has dimmed because of this confusing factor.
Any inputs will be greatly apprecaited.
soljabhai
12-14 09:28 AM
It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
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JunRN
09-23 02:34 AM
I like the idea and I support it. Just want to make sure that we offer something that is acceptable to both Rep. and Dem.
At first sight of this proposal, those who oppose "non-quota" migth turn off immediately and not be open for further discussion. Imagine, even investor visa has quota of 10,000 per year.
I agree that the current situation might change their minds. This proposal is better than doing nothing at all. I, myself, is not yet buying a house until I get my GC or atleast be sure to get one in the near future. I am worried though that my bank savings will go to drain.
At first sight of this proposal, those who oppose "non-quota" migth turn off immediately and not be open for further discussion. Imagine, even investor visa has quota of 10,000 per year.
I agree that the current situation might change their minds. This proposal is better than doing nothing at all. I, myself, is not yet buying a house until I get my GC or atleast be sure to get one in the near future. I am worried though that my bank savings will go to drain.
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GetGC08
07-29 09:08 AM
Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
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Legal
07-19 01:25 AM
Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen
Economy is tanking, the number of new EB2ROW may not be that high in many fields in the coming months. What do you think? This is likely to help EB2-I,C who are in the waiting line and are able to hold their jobs.
Economy is tanking, the number of new EB2ROW may not be that high in many fields in the coming months. What do you think? This is likely to help EB2-I,C who are in the waiting line and are able to hold their jobs.
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ramus
07-03 03:52 PM
Which congressman did you call?
Thanks.
I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support
Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it
Thanks.
I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support
Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it
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nonimmi
06-28 12:31 PM
"expecting retrogresson ....in first wk of July... " ??
I thought logiclife already clarified that can not and will not happen!!
I thought logiclife already clarified that can not and will not happen!!
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Saralayar
03-14 09:58 AM
You can do yourself as the proceedure is very straightforward.
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gc_bulgaria
02-12 02:52 PM
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
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eager_immi
07-12 10:20 AM
I think this all depends on individual application. I got a letter stating "no further documents were needed." I did not submit any TOEFL scores. I just sent them a letter detailing that my husband and I work for Fortune 500 and have been in the US for over 10 years. I also stated that my daily work includes interacting with high level executives, c-suite folks all the time. My work entails writing reports, issuing memorandums etc. My letter from employer also stated that my ability to communicate in English is equivalent to a native speaker. But I know sometimes it does not work it all depends on the individual who is accessing your case. Just one pointer make sure the letter is well written, free of grammatical errors, and you have spent several hours editing and re-editing it. I have seen lots of posts where people have uploaded the letter they sent to the embassy, but the English was very poor.
They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.
They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.
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maximus777
06-05 03:26 PM
There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
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nixstor
09-23 11:42 AM
I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
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samay
07-28 09:13 PM
Dear Sir,
This is my situation
1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal
My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.
2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?
Thanks for your time and help.
Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
This is my situation
1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal
My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.
2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?
Thanks for your time and help.
Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
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alterego
12-19 03:47 PM
Looks like this issue is finally getting some attention in both the lobbysphere and in the legislature. I was pleasantly surprised to see this on the yahoo techticker.
It is actually a very sensible partial solution. I hope it will be a part of a multipronged strategy to solve this. I am under no illusion that we alone can solve this, but we can help.
We are already an integral part of this economy but being prevented from contributing fully to it, by purchasing homes and investing into it. It hardly seems a radical approach to integrate us fully by giving green cards if we buy homes. Those who have secure jobs and rare skills are the ones who will buy. Those immigrants will help near and longer term.
It is actually a very sensible partial solution. I hope it will be a part of a multipronged strategy to solve this. I am under no illusion that we alone can solve this, but we can help.
We are already an integral part of this economy but being prevented from contributing fully to it, by purchasing homes and investing into it. It hardly seems a radical approach to integrate us fully by giving green cards if we buy homes. Those who have secure jobs and rare skills are the ones who will buy. Those immigrants will help near and longer term.
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villamonte6100
02-15 12:05 PM
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
sk2006
04-01 10:53 PM
So if stop discussing this thread, will they join us?
Are you 'high skilled'?
Your logic suggests otherwise!
Are you 'high skilled'?
Your logic suggests otherwise!
smuggymba
01-14 10:19 AM
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
