PlainSpeak
04-18 02:27 PM
My M.C.A was 3 years. this will help?
-vga
Check with the educational evaluator. They are the one who will let you know if your 3+3 years degree will qualify with educational requirments for EB2. Of course you could get a negetive answer also but it is money well spent
Based on the educational evaluation take the next steps
-vga
Check with the educational evaluator. They are the one who will let you know if your 3+3 years degree will qualify with educational requirments for EB2. Of course you could get a negetive answer also but it is money well spent
Based on the educational evaluation take the next steps
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nixstor
03-10 05:23 PM
We are already exploring this route. You might have seen Pappu's response on two strategies we are exploring for break down by category/country of birth for every quarter.
Please ask the person who ever worked with Senator Kyl's office to get in touch with us via PM.
I would like to speak with this person asap to know more about the background behind this effort.
Please ask the person who ever worked with Senator Kyl's office to get in touch with us via PM.
I would like to speak with this person asap to know more about the background behind this effort.
coopheal
04-28 05:27 AM
Added to Wiki here After GC Dos and Donts (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC)
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gctest
10-03 09:08 PM
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Hey, you lied to the American Immigration that you will return to the home country after Ph.d. And now you are talking about who should port and who not. Relax and think.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Hey, you lied to the American Immigration that you will return to the home country after Ph.d. And now you are talking about who should port and who not. Relax and think.
more...
immigrant2007
03-21 11:59 AM
I know many people are going to blast me and curse for after reading my post but I think NEw H1b , greencard applicaitons , or any other route that leads to GC should be banned for countries that are severly retrogressed in EB category ...same for the FB based new applications....Doesn;t make sense..one side US business needs H1s so they fight to get it in thier favor but on other side the life of these H1b / L1/L2 guys becomes miserable the moment they get in the GC line.....
Humhongekamyab
07-02 02:16 PM
Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.
Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.
Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.
The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm
When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.
Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.
Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.
The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm
When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.
more...
desi3933
10-03 12:18 PM
You have a valid point about gctest. But again, there is no way EB2/EB3 gets to port to EB1. If it was so, then it would be a chaos here. Only porting that happens is E3 to EB2 and may be that's why he used EB3 in his post.
......
......
>> there is no way EB2/EB3 gets to port to EB1
Incorrect. PD recapture (aka porting) is allowed between EB1, EB2, and EB3 preference categories.
_________________________________
Proud Indian American and Legal Immigrant
......
......
>> there is no way EB2/EB3 gets to port to EB1
Incorrect. PD recapture (aka porting) is allowed between EB1, EB2, and EB3 preference categories.
_________________________________
Proud Indian American and Legal Immigrant
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Mayday
03-30 07:49 PM
I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
more...
logiclife
03-20 02:12 PM
Probably his employer is finding excuses not to file his GC and like his employees on H1B.
Dude, whatever it is, get out of that hole if you cant get GC filed.
1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.
Dude, whatever it is, get out of that hole if you cant get GC filed.
1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.
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T-O
06-15 06:48 AM
Introducing the Apple iBOY. Wish I could have spent more time on it, but I'm too lazy ;).
Edit: I just realized this is not really a skin... more of a modification. Is it legal? If not, I'd like to have this entry voided so I can try again hehe.
:thumb: This one's awesome! :D
Edit: I just realized this is not really a skin... more of a modification. Is it legal? If not, I'd like to have this entry voided so I can try again hehe.
:thumb: This one's awesome! :D
more...
Immi_Chant
01-30 07:24 PM
Done. Its question # 78 as on 4.37 PM PST.
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gc_check
07-12 06:00 AM
USCIS cannot keep the filing fees if they return your application. They can only keep it if they do accept it and then deny/reject your application.
If PD is not current, they cannot accept the application, the just have to return the applications citing the same reason. If they accept the application they have to receipt it and if they reject, then they need to have qualified reasons for it... Not having available visas is not an acceptable reason to reject the receipted applications. It goes to shelves untill visa number becomes available... Note. if they receipt, they need to process EAD/AP and work on the application like any other.
This is my understanding..
If PD is not current, they cannot accept the application, the just have to return the applications citing the same reason. If they accept the application they have to receipt it and if they reject, then they need to have qualified reasons for it... Not having available visas is not an acceptable reason to reject the receipted applications. It goes to shelves untill visa number becomes available... Note. if they receipt, they need to process EAD/AP and work on the application like any other.
This is my understanding..
more...
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sledge_hammer
07-18 12:37 PM
Interesting!!!
I didn't know this...
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
I didn't know this...
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
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mbodda
10-18 11:12 AM
I am glad IV is focusing more attention on the name check nightmare. I filed 485 in December 2006 (EB1) and am stuck in the namecheck.
Namechecks:
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
Namechecks:
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
more...
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bikram_das_in
05-07 04:06 PM
U.S. is a country where most of things are close to being perfect imaginatively),
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
This is a just prospective as you view it. The prospective also can change with time like so called material perfections in USA.
There is verse a in Bhagavad Gita for it.
paras tasmāt tu bhāvonyovyaktovyaktāt sanātanaḥ
yaḥ sa sarveṣu bhūteṣu naśyatsu na vinaśyati (8.20)
avyaktokṣara ity uktas tam āhuḥ paramāṃ gatim
yaṃ prāpya na nivartante tad dhāma paramaṃ mama (8:21)
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
This is a just prospective as you view it. The prospective also can change with time like so called material perfections in USA.
There is verse a in Bhagavad Gita for it.
paras tasmāt tu bhāvonyovyaktovyaktāt sanātanaḥ
yaḥ sa sarveṣu bhūteṣu naśyatsu na vinaśyati (8.20)
avyaktokṣara ity uktas tam āhuḥ paramāṃ gatim
yaṃ prāpya na nivartante tad dhāma paramaṃ mama (8:21)
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belmontboy
05-23 03:20 PM
When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
if you don't call and speakup, how will the lawmakers know?
your suggestion sounds great. I am sure we can accomodate that too.
Its better to have attack on many fronts than stick with one.
We need to rise and speakup, thats all matters in the end.
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
if you don't call and speakup, how will the lawmakers know?
your suggestion sounds great. I am sure we can accomodate that too.
Its better to have attack on many fronts than stick with one.
We need to rise and speakup, thats all matters in the end.
more...
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gc_dega_gandhigiri
07-18 06:03 PM
"USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."
This clearly says applications already filed will also be accepted. So this means anyone who filed between July 2nd and 17th will not be rejected.
This clearly says applications already filed will also be accepted. So this means anyone who filed between July 2nd and 17th will not be rejected.
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gsc999
07-14 09:50 AM
Apologies for the afterthought, this may not be necessary but carry your H1-B with you to the event venue.
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chiraj
05-01 09:16 PM
I am have been on /off with my pay roll�s. I am still with my Green card sponsored company.
It�s almost 9 months since i got my GC. At the time of citizenship
How does USCIS verify the length of stay with the petition employer? Are they going to see the pay stubs or Length of the stay or a letter from employer�.
plz help me.....
It�s almost 9 months since i got my GC. At the time of citizenship
How does USCIS verify the length of stay with the petition employer? Are they going to see the pay stubs or Length of the stay or a letter from employer�.
plz help me.....
vxb2004
07-18 08:40 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Lets cross one bridge at a time. Who knows what favorable changes might happen in future.
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Lets cross one bridge at a time. Who knows what favorable changes might happen in future.
desijackass
01-29 10:49 AM
It took 7 working days last december for my passport to come back.
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