logiclife
01-30 04:42 PM
Another thing about your situation.
I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.
Use that independence to your advantage.
If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.
I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.
Use that independence to your advantage.
If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.
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sanju
02-03 05:28 PM
Alright guys you seem to have more Political understanding than I have, that was one reason that I was talking 20 people, I have 6 people now, when we'll talk these things will come, as these 5 people may have your kind of Political knowledge
Look mirage, I want to help in anyway I can, and I know your intensions are good, but good intensions and mere frustartion arenot enough to produce the desired results. The effort has to timed well. Bush had good intensions, atleast thats what he said, but the outcome was not how everyone desired. I am telling you, conserve your energy for the right time, don't lose steam and willingness to do something about the issue, but do not waste your energy. Use it wisely. Although, I must say that I have witnessed a lot of gurus in these forums. Sometimes I see them logged in, but they do not always post. If I were you, I would do my hiomework, get those folks on board, chose the right time, and put in the best effort.
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Look mirage, I want to help in anyway I can, and I know your intensions are good, but good intensions and mere frustartion arenot enough to produce the desired results. The effort has to timed well. Bush had good intensions, atleast thats what he said, but the outcome was not how everyone desired. I am telling you, conserve your energy for the right time, don't lose steam and willingness to do something about the issue, but do not waste your energy. Use it wisely. Although, I must say that I have witnessed a lot of gurus in these forums. Sometimes I see them logged in, but they do not always post. If I were you, I would do my hiomework, get those folks on board, chose the right time, and put in the best effort.
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eeezzz
02-15 02:57 PM
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
I believe HV000 is either favor of per country quotas, nor is he a glutton for punishment. He sees the concept and current rule of this country, not just himself.
Your the other post said you just want GC in a shorter time. Can I ask you who want GC in a longer time or who doesn't want it in a shorter time?
Who determine the best jobs are? and who determine the best people are?
The "Equal Opportunity" word is really for Americans to read. Until you get your GC, that is not really for you.
Think about this, if the annual limit is 100, the country limit is 7%. Because it has processed 7 people so it closes the door and you think that is not fair. Do you take a look at the others who have to wait in line because 100 limit is hit even thought there's not one single case is approved for his country? USCIS is not processing one for each country at a time. Do you know your line is actually might already taken advanatge on other lines?
State this is not for fight something, but want to remind you the fair you think might not be fair to others. If you want to play the game, you have to follow the rules. If the rules are not clear, we fight for making clear rule. If you fight for rules to benefit you, that is taking advantage on others.
Increase the annual limit and recapture unused Visa from the past years are what we should push right now. But it is just a solution for only resolve problem for people who are currently stuck in I-485. After run out of recaptured Visa, the pipe will get stuck again.
I personally think the country limit will not change and if country limit is the policy, it should start at PERM, not just at I-485.
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
I believe HV000 is either favor of per country quotas, nor is he a glutton for punishment. He sees the concept and current rule of this country, not just himself.
Your the other post said you just want GC in a shorter time. Can I ask you who want GC in a longer time or who doesn't want it in a shorter time?
Who determine the best jobs are? and who determine the best people are?
The "Equal Opportunity" word is really for Americans to read. Until you get your GC, that is not really for you.
Think about this, if the annual limit is 100, the country limit is 7%. Because it has processed 7 people so it closes the door and you think that is not fair. Do you take a look at the others who have to wait in line because 100 limit is hit even thought there's not one single case is approved for his country? USCIS is not processing one for each country at a time. Do you know your line is actually might already taken advanatge on other lines?
State this is not for fight something, but want to remind you the fair you think might not be fair to others. If you want to play the game, you have to follow the rules. If the rules are not clear, we fight for making clear rule. If you fight for rules to benefit you, that is taking advantage on others.
Increase the annual limit and recapture unused Visa from the past years are what we should push right now. But it is just a solution for only resolve problem for people who are currently stuck in I-485. After run out of recaptured Visa, the pipe will get stuck again.
I personally think the country limit will not change and if country limit is the policy, it should start at PERM, not just at I-485.
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ItIsNotFunny
10-20 01:47 PM
Gave you green to keep ourselves up :)
I also has similar issue. People putting red dots with no messages "." or saying "You Suck".
One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.
One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!
Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
I also has similar issue. People putting red dots with no messages "." or saying "You Suck".
One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.
One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!
Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
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gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
mbawa2574
02-15 04:33 PM
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.
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prioritydate
12-22 12:51 AM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
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webm
04-24 01:48 PM
I also got my "Card production ordered" status few days back.
however I also received a mail for biometrics appointment of 05/02?
the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.
why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?
should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02
---------------------------------------------
PD - JULY 2003 EB2 RIR
Concurrent I-140/I-485: No (I-140 Approved Earlier)
Mailed From State: MA
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Transferred to TSC (state Yes/No): Yes
485 Receipt Date : June 14th 2007
485 Notice Date : July 2nd 2007
MY FP Completed : 08/02
485 LUD - 08/02, 08/02
I would say you better get biometrics done....on a safer side..:)
however I also received a mail for biometrics appointment of 05/02?
the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.
why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?
should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02
---------------------------------------------
PD - JULY 2003 EB2 RIR
Concurrent I-140/I-485: No (I-140 Approved Earlier)
Mailed From State: MA
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Transferred to TSC (state Yes/No): Yes
485 Receipt Date : June 14th 2007
485 Notice Date : July 2nd 2007
MY FP Completed : 08/02
485 LUD - 08/02, 08/02
I would say you better get biometrics done....on a safer side..:)
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sent
07-24 04:52 AM
My Lawyer says there is no need of such letter to be included and filed my papers and confident about getting that approved. I'm much worried and don't know what to do If gets rejected.
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
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rajagram
02-12 07:36 AM
Hi
I am regular reader of immigration voice as well, I am also able to pick some people from Hotel and drop them back to Hotel on advocacy days.
I am regular reader of immigration voice as well, I am also able to pick some people from Hotel and drop them back to Hotel on advocacy days.
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pappu
01-15 11:26 PM
Bumping /\/\/\/\/\/\/\/\/\/\/\/\
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
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abhijitp
07-23 08:07 PM
Employer is happy to give
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
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msgrewal81
02-19 03:08 PM
:D No more arguing by me :D
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vishwak
02-09 01:49 PM
What exactly is this???
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Legal
07-04 08:40 PM
I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.
new legislation is needed to change that.
new legislation is needed to change that.
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justAnotherFile
07-24 01:23 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
more...
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crystal
02-15 04:48 PM
Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
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nixstor
10-16 05:59 PM
I personally think there is a possible ambiguity in the request (especially since we are dealing with a government agency). So we should probably bullet point the data we need at least and if people don't think there is any harm in putting in a table for the format of data needed that will make things very clear. I agree with you that breakdown of quarter/month is probably not needed and might actually hurt our chances of getting the answer within reasonable amount of time.
Hear ya. Even though its repetitive,for the sake of clarity and to avoid ambiguity/frivolous answer, I have updated the document in google docs and the attachment by one of our other member prabhu.
Thanks for your feedback.
Hear ya. Even though its repetitive,for the sake of clarity and to avoid ambiguity/frivolous answer, I have updated the document in google docs and the attachment by one of our other member prabhu.
Thanks for your feedback.
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new_horizon
03-10 07:23 PM
I'll be flying in to BWI on Sat 2nd night, and have booked a 2 bed hotel room for 3 nights. The hotel is close to the BWI and MARC/Amtrac station, with frequent trains to Union Station DC. If anyone would like to share the hotel room, pls send me a personal message. Thanks.
logiclife
01-30 03:14 PM
1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
admin
02-04 03:45 PM
retrohatao,
We're asking for transparency and increase in efficiency in all of USCIS operations including Name Check.
We're asking for transparency and increase in efficiency in all of USCIS operations including Name Check.
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