AZ_GC
08-20 04:17 PM
We all know that LC can be used by the employer for substitution and I-140 is owned by the company too. The employer cannot be charged with anything even if you take him to court as he has not done anything illegal, except for breaking the verbal agreement between you and him. What you can do is take the wire transfer details or copy of the check you gave him and tell him to give your money back or you can prove in local court that the money was transffered to you (if he refuses to pay back). Of course this would mean you will probably lose your job and the H-1 status. Basically you will have to swallow this pill and just wait till dates get current or do H-1 transfer to another employer.
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jonty_11
05-22 02:58 PM
I think if we all resign from our Jobs and stay in this country for even a single day we will be illegal. I am beginning to like this idea....
Then we can also apply via the Merit based crappy pragram..and live happily ever after
Then we can also apply via the Merit based crappy pragram..and live happily ever after
realizeit
02-11 04:27 PM
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
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coopheal
08-10 09:52 AM
.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
I am not saying to you in particular.
But the scenario you just mentioned is, like losing even after doing cheating and then saying since I lost I didn�t cheat.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
I am not saying to you in particular.
But the scenario you just mentioned is, like losing even after doing cheating and then saying since I lost I didn�t cheat.
more...
the
12-20 01:20 PM
guys..
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
yes
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
yes
aachoo
02-14 12:34 PM
Did you change company? or filed AC-21.
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
No company changes, AC21 or anything out of the ordinary.
-a
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
No company changes, AC21 or anything out of the ordinary.
-a
more...
msyedy
05-22 03:16 PM
u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
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H4_losing_hope
02-17 07:11 PM
Will send the IV copy pretty soon.
Your part is appreciated :)
Your part is appreciated :)
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alterego
07-07 06:48 PM
MHB's face spoke more than words can say. Not sure acting or genuine expression captured by the cameraman but great.
Showed his frustration and disappointment very well. Overall a well done and convincing piece.
Showed his frustration and disappointment very well. Overall a well done and convincing piece.
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file485
01-06 06:09 AM
I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.
thanks Harsh...
I will not leave the country and go face-to-face of all the places on the earth to the Madras embassy..!!
Hopefully meanwhile, as always being hopeful my husbands EAD journey should reach and will switch on to that...
thanks Harsh...
I will not leave the country and go face-to-face of all the places on the earth to the Madras embassy..!!
Hopefully meanwhile, as always being hopeful my husbands EAD journey should reach and will switch on to that...
more...
Marphad
12-30 04:42 PM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
I am surprised to see People with April 2001 PD still waiting. Do you know the reason of getting stuck as your PD is current for some time.
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
I am surprised to see People with April 2001 PD still waiting. Do you know the reason of getting stuck as your PD is current for some time.
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ek_bechara
07-08 07:17 PM
I'm going to say this once more. As much as we try, we cannot bring the Indian community under one umbrella to act together. It's a pipe dream and not achievable. I've experienced every possible Indian specimen there is in the Bay Area. Indian community in US can NEVER be like the jewish or hispanic community. What we need is representation in the corridor of power (AKA Congress/ Senate), period. No number of phone calls from mere mortals like us will equate to one phone call from big-wigs such as Vinod Khosla or Indra Nooyi.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
more...
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trueguy
10-12 07:53 PM
There are not many EB3 approvals so far. It means USCIS doesn't have many cases in their inventory with cut-off date of Oct'08 VB so I hope DOS move the EB3 cut off dates forward in Nov'08 bulletin and more cases become eligible.
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brahmam
06-23 04:48 PM
Brahmam and Company -
- Shalom
and up yours :D
be of use sometimes instead of your gibberish. you did not answer my question but are busy sermonizing. get a life bro .. cheers
No, I am not going to go to walmart because have heard of some people's photos being rejected by INS in the past. hence wanted a more authentic studio, if any.
- Shalom
and up yours :D
be of use sometimes instead of your gibberish. you did not answer my question but are busy sermonizing. get a life bro .. cheers
No, I am not going to go to walmart because have heard of some people's photos being rejected by INS in the past. hence wanted a more authentic studio, if any.
more...
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tonyHK12
10-28 09:34 AM
Yes... benchmarking is good (in many things as you suggest quality, corruption, infrastructure etc.)... but absolutely not in everything as you suggest, some things just aren't comparable given some micro-economic conditions. Further, doing so would also encourage the mindset of aping the developed countries in every department. Remember the India that we see has gone through hundreds of social and economic cycles over thousands of years. It is not a nation that came to being a few hundred years ago and was a developed country (in current terms) many times in the past.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing.
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. .
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing.
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. .
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
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desi485
07-30 05:01 PM
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
more...
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prakgc
11-26 08:01 PM
Whom did you talk to? Was it is IO?
I did receive a letter from USCIS for my SR stating that they will be sending me a FP notice soon last week. I am still to receive it though. But while i opened the SR for me and my wife it only mentioned my name on the notice.
Perhaps we have to open 2 seperate SR's for me and my wife?
Does anyone know how long it takes to receive the FP notice after such a letter which acknowleges your SR request?
Nov 13th. Recd FP Notice Nov 19. Appt next week. Notice created date is Nov 13.
Got a real nice lady on the phone who mentioned that FP should be coming soon and may have been delayed due to TSC-CSC-NSC transfer, which made the "actual" receipt date at NSC Oct 15 instead of July. She said she would put a request in the system to get FP scheduled soon. Not sure if the call had anything to do with it or not, but looks like notice got created same day.
Good luck to all.
I did receive a letter from USCIS for my SR stating that they will be sending me a FP notice soon last week. I am still to receive it though. But while i opened the SR for me and my wife it only mentioned my name on the notice.
Perhaps we have to open 2 seperate SR's for me and my wife?
Does anyone know how long it takes to receive the FP notice after such a letter which acknowleges your SR request?
Nov 13th. Recd FP Notice Nov 19. Appt next week. Notice created date is Nov 13.
Got a real nice lady on the phone who mentioned that FP should be coming soon and may have been delayed due to TSC-CSC-NSC transfer, which made the "actual" receipt date at NSC Oct 15 instead of July. She said she would put a request in the system to get FP scheduled soon. Not sure if the call had anything to do with it or not, but looks like notice got created same day.
Good luck to all.
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ramreddy
01-31 09:58 AM
nope ..I can't either. Its hard to imagine why an IEEE , with a Phd from Berkley couldn't find anything better to do than head a diploma mill...fishy. !!!
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starving_dog
11-16 08:50 PM
Pappu, automotive insurance is another area of concern. U.S. insurance companies navel gaze when it comes to prior coverage or driving record. I am a Canadian citizen who had insurance with a Canadian affiliate of an American country. Well it turns out the insurance companies phones can't penetrate the border.
Despite all my clean years of driving (no moving violations, no DUI's, no accidents and no claims) I still had the luxury of paying premium prices in my new found country for the first couple of years.
Despite all my clean years of driving (no moving violations, no DUI's, no accidents and no claims) I still had the luxury of paying premium prices in my new found country for the first couple of years.
mirage
07-27 03:59 PM
Why the hell are you guys calling USCIS, calling them won�t expedite your process. You are just showing the person on the other side of the phone what kind of crappy people we are.
rockstart
05-15 08:32 AM
Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.
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