
swissgear
06-10 03:59 PM
sent...thanks
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imneedy
05-07 03:46 PM
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
What is the next step? Do I need to follow up with another letter?
What is the next step? Do I need to follow up with another letter?
champu
02-18 07:14 PM
Hello,
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
2011 of Lightning McQueen#39;s two
Ramba
07-14 06:18 PM
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
more...
paskal
07-09 06:40 PM
there is still the last quarter's quota
which is 100 - (27% X 3) = 19%
this 19% cannot be issued in July either- not more than 10% a mnth
there is no question they ignored this
i'm curious to know what reason they will use to justify it.
especially if it's a deposition under oath.
which is 100 - (27% X 3) = 19%
this 19% cannot be issued in July either- not more than 10% a mnth
there is no question they ignored this
i'm curious to know what reason they will use to justify it.
especially if it's a deposition under oath.
amitjoey
02-14 11:33 AM
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
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fatboysam
12-25 10:20 AM
I will like to know if a person on L2 visa with EAD can open new company in US ?
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gclabor07
06-14 09:04 AM
Everyone should do it. It was easy.
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grinch
03-19 02:58 PM
Move this to Completed Battles?
hair Cars: Lightning McQueen!
akred
01-28 12:50 AM
From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.
Both schemes are essentially restrictionist ploys to maintain a white America.
Both schemes are essentially restrictionist ploys to maintain a white America.
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gc28262
06-11 09:36 AM
resent it !
hot Disney Cars Lightning McQueen
shukla77
09-26 10:14 AM
Wrote to editor to correct the mistake.
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house Lightning McQueen from Cars
perm2gc
01-02 05:58 PM
Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks
Please check the first page on the thread.you will see the content to post.
thks
Please check the first page on the thread.you will see the content to post.
thks
tattoo Lightning McQueen (Character)
bayarea07
09-10 02:24 PM
HR5882 will be presented next after HR6020 :-)
I do see some action now on http://judiciary.house.gov/hearings/calendar.html
HR6020 is being presented right now
I do see some action now on http://judiciary.house.gov/hearings/calendar.html
HR6020 is being presented right now
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reddymjm
08-10 01:51 PM
I am in for it.
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spicy_guy
07-27 05:29 PM
Guys (and guns),
Need a suggestion on finding a job!
My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.
She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.
From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.
I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.
So what do you guys suggest?
Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?
(I don't see so many job openings for freshers / juniors. Very very limited.)
Need a suggestion on finding a job!
My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.
She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.
From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.
I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.
So what do you guys suggest?
Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?
(I don't see so many job openings for freshers / juniors. Very very limited.)
more...
makeup Lightning McQueen from Cars
sanju
09-11 12:05 PM
wow..they resume discussions on sept 18th?
There is a slight correction, they will resume 4 hours break time on sept 18th.
There is a slight correction, they will resume 4 hours break time on sept 18th.
girlfriend Lightning McQueen MR-S. It
desi3933
01-30 11:05 PM
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
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mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
immique
07-03 01:42 AM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
ianlock
09-12 11:34 AM
Hi,
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
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