bheemi
07-24 09:43 AM
IV core team:
Can you please respond to the possiblity of questions raised by rpatel.
thanks
Can you please respond to the possiblity of questions raised by rpatel.
thanks
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06-08 11:21 AM
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anilsal
09-11 04:23 PM
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gc__aspirant
05-30 02:49 AM
Hi All,
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
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ItIsNotFunny
03-10 04:04 PM
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
senthil1
04-04 03:20 PM
Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?
Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It�s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.
Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.
Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It�s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.
Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.
more...
va_jan_03
12-13 09:44 AM
I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
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dilbert_cal
03-20 02:36 AM
Moral of this thread :-
All Desi Consulting companies are Fraud
which in turn implies
All Desis are Fraud. <---- Nope , Will Not say that because it includes Me :-)
alright, let me try again
All Consulting companies are Fraud <--- But hey there are so many which are not Fraud
Hmmmm, Confused. Alright, Did I hear there are exceptions. No, my dear. We got it the wrong way here. Fact is
Some Consulting Companies Do Subvert the Law and/or take Advantage of folks on H1. *
One or more of them are owned by Indians. ( commonly called desi by Indians )
One or more of them are not owned by Indians.
Where does the More End ? A small percentage, a big chunk, average ??? There is no study which has been done on the same. We all see it in the perception we hold. And when it comes to negativity, we tend to exaggerate. ( Or maybe we dont and I've a wrong perception )
* Non-consulting companies also do take advantage of H1b folks if possible - dont think I've to give examples of the same.
I dont work for a desi company. But I've quite a few friends who work for Desi firms - most of them are happy and have been treated nice and fair. A small number had issues. This is my experience. Certainly not something which makes me identify with the rest of the sentiments.
As per Logiclife, unpaid period on bench is a certainty. No my dear. Thats an exaggeration.
How many of us..................
Well, I thought of writing more but who am I telling this to and why ?
Rants over - time to get back to my life. I've got something else to finish which I know will bring me more flames but possibly help this organization too and that matters more. Flame me as much as you want to for being the odd man out in the thread ( there are others too - not that I'm the only one ) but possibly I wont even come back to this thread to read the flames :-)
All Desi Consulting companies are Fraud
which in turn implies
All Desis are Fraud. <---- Nope , Will Not say that because it includes Me :-)
alright, let me try again
All Consulting companies are Fraud <--- But hey there are so many which are not Fraud
Hmmmm, Confused. Alright, Did I hear there are exceptions. No, my dear. We got it the wrong way here. Fact is
Some Consulting Companies Do Subvert the Law and/or take Advantage of folks on H1. *
One or more of them are owned by Indians. ( commonly called desi by Indians )
One or more of them are not owned by Indians.
Where does the More End ? A small percentage, a big chunk, average ??? There is no study which has been done on the same. We all see it in the perception we hold. And when it comes to negativity, we tend to exaggerate. ( Or maybe we dont and I've a wrong perception )
* Non-consulting companies also do take advantage of H1b folks if possible - dont think I've to give examples of the same.
I dont work for a desi company. But I've quite a few friends who work for Desi firms - most of them are happy and have been treated nice and fair. A small number had issues. This is my experience. Certainly not something which makes me identify with the rest of the sentiments.
As per Logiclife, unpaid period on bench is a certainty. No my dear. Thats an exaggeration.
How many of us..................
Well, I thought of writing more but who am I telling this to and why ?
Rants over - time to get back to my life. I've got something else to finish which I know will bring me more flames but possibly help this organization too and that matters more. Flame me as much as you want to for being the odd man out in the thread ( there are others too - not that I'm the only one ) but possibly I wont even come back to this thread to read the flames :-)
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bheemi123
10-03 01:29 PM
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
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Jaime
09-10 12:44 PM
Your children grew up in the U.S. as Americans, and are going to college, but they "age out" and thus become uninelligible to obtain a green card through you! - Your family gets into grave danger of being split up, or else choose to uproot the entire family and take them to your home country, which to them is a strange foreign land where they have no friends.
more...
greencard_fever
07-28 03:55 PM
yawn...
rolls over to the other side of bed...
yawn again...
turns over pillow to the cooler side...
yawn again..
dreams of this thread getting closed because it is absolutely worthless ... crap .. twas just a dream :D
Yawn...
Please close this thread..
Big Yawn..
rolls over to the other side of bed...
yawn again...
turns over pillow to the cooler side...
yawn again..
dreams of this thread getting closed because it is absolutely worthless ... crap .. twas just a dream :D
Yawn...
Please close this thread..
Big Yawn..
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sdudeja
10-25 12:58 PM
My PD is May 21, 2007
more...
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chanduv23
07-13 07:18 AM
That is America my friends - people tend to move towards the direction of the wind.
A typical example - my wife was stressing out to get into a residency and was seeking help from contacts - everyone told "it is not easy for immigrants" it is a challenge, it is difficult." When she got into residency, the same people say that America is a land of opportunities, and your wife is intelligent ......
Thats how this Sheela Murthy is. Cannot initiate anything, but will want to take credit for participating in success.
A lot of Attorneys currently have no clue what is going on in the background.
A typical example - my wife was stressing out to get into a residency and was seeking help from contacts - everyone told "it is not easy for immigrants" it is a challenge, it is difficult." When she got into residency, the same people say that America is a land of opportunities, and your wife is intelligent ......
Thats how this Sheela Murthy is. Cannot initiate anything, but will want to take credit for participating in success.
A lot of Attorneys currently have no clue what is going on in the background.
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meera_godse
01-31 02:15 PM
1. Is travel advisable or even permitted during such a transition ?
2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?
3. what if one travels when H1 has been filed but not yet received.
2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?
3. what if one travels when H1 has been filed but not yet received.
more...
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greyhair
03-12 01:55 PM
u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......
Your comments are insensitive and rude. For no particular reason you can't resist adding your unproductive post which adds no value to this discussion.
pappu, Please delete his posts.
Your comments are insensitive and rude. For no particular reason you can't resist adding your unproductive post which adds no value to this discussion.
pappu, Please delete his posts.
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wa_Saiprasad
07-23 08:20 PM
My lawer was very firm in getting the employment letter. And I know one of my close friend couldn't apply for his 485 because he had problem in getting his employment letter from HR because of location issue. Without which the company lawer refused to file 485 and he suggested to apply for new labor again for his new location. After waiting for 7 years Poor guy is now applying his labor again with same company. What a sad story.....
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gc28262
08-11 05:21 PM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
This will need a legislative change.
I have some information about 245(I) here EbImmigrationReference (http://ebimmigrationreference.blogspot.com/)
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
This will need a legislative change.
I have some information about 245(I) here EbImmigrationReference (http://ebimmigrationreference.blogspot.com/)
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Munna Bhai
12-26 09:18 AM
a)My 6 years H1b is over by May 07.
b)I-140 Premium Processing pending.
c)Got offers from other two company.
Can I use I-140 to transfer my H1b to another company?What happens if the current company revokes I-140? What is the best option?
Thanks,:(
b)I-140 Premium Processing pending.
c)Got offers from other two company.
Can I use I-140 to transfer my H1b to another company?What happens if the current company revokes I-140? What is the best option?
Thanks,:(
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unitednations
12-22 02:34 PM
this is our history...
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
dpp
07-09 03:55 PM
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
Yes, this is another one. There are somany. Please check AILA lawsuit.
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
Yes, this is another one. There are somany. Please check AILA lawsuit.
GC_ASP
03-18 05:28 PM
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.