senthil1
12-22 11:14 AM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
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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harsh
12-12 02:05 PM
I agree. Who or which department of USCIS has the authority to decide they will disallow concurrent 140/485 filing? If that department has the authority to make such a decision they probably have the authority to
1. allow filing of 485 without visa number availability,
2. allow people to start their name check process once 140 is cleared while everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? At the USCIS press release? May be the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them our auggestions.
1. allow filing of 485 without visa number availability,
2. allow people to start their name check process once 140 is cleared while everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? At the USCIS press release? May be the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them our auggestions.
mlvats
06-10 10:18 PM
thanks very much
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GCKaMaara
04-07 10:52 AM
I would not say people are intentionally lying but fact accuracy deters when transferred from one mouth to another. I would only rely on first hand information.
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mgmanoj
06-10 07:49 PM
Done - sent to Alabama senators
desi3933
02-10 12:22 PM
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
more...
snthampi
07-12 07:16 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Congrats and good luck!
Congrats and good luck!
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sheela
10-18 06:54 PM
Well,
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
more...
keshtwo
07-09 04:40 PM
I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
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bigboy007
07-18 12:34 PM
i think we need to wait till a week more and then give a call back to USCIS just to make sure , as per my understanding and my lawyers info none were rejected and they will be accepted.
more...
nixstor
07-05 01:46 PM
I'll just go back to forums of the leading lady immigration lawyer....
Yeahaaaaaaaaa! Great!
20 USD per month + satisfaction of fighting for a cause
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< (very very less than)
15 min Murthy session for 225 USD
Beautifcukingful
Yeahaaaaaaaaa! Great!
20 USD per month + satisfaction of fighting for a cause
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< (very very less than)
15 min Murthy session for 225 USD
Beautifcukingful
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Desertfox
10-29 08:14 PM
EB3 India
PD July 06
I-140 Approved
485 Pending:D
PD July 06
I-140 Approved
485 Pending:D
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ItIsNotFunny
10-15 02:14 PM
Please explain, What is the space limitation issue on IV as login? In that case, I should have some :confused:
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reddymjm
10-15 10:23 PM
You will receive one for your request please post here.
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delhikadesi
11-11 01:16 AM
You will cure a lot of ppl, atleast I burst in laughter..
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
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saiimmi
03-21 11:13 PM
Optimystic!
Did you see any LUDs on your 485 over the past few months?
Thanks,
Yes, I should have !! Its been a loooong Journey.
I was stuck in backlog till Dec 06.
Got I-140 approved in Jan 07.
Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).
Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)
Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)
So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )
Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)
Did you see any LUDs on your 485 over the past few months?
Thanks,
Yes, I should have !! Its been a loooong Journey.
I was stuck in backlog till Dec 06.
Got I-140 approved in Jan 07.
Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).
Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)
Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)
So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )
Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)
more...
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reddymjm
09-10 01:38 PM
Here is a brief calculation of EB2 Demand till date (Today's Date)
The total demand till date is ~ 120K which is
Demand up to Aug 2007 = 45K
Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.
By giving these numbers I don�t mean to scare anybody but it�s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.
If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW).
The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
The total demand till date is ~ 120K which is
Demand up to Aug 2007 = 45K
Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.
By giving these numbers I don�t mean to scare anybody but it�s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.
If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW).
The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
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chennaikar
03-31 12:20 PM
In the USCIS Ombudsman Report In the USCIS Ombudsman Report http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
On page 52 it mentions
"
The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
"
Also there is a break up of per year unused visa numbers from 1992 till 2006.
On page 52 it mentions
"
The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
"
Also there is a break up of per year unused visa numbers from 1992 till 2006.
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quizzer
04-08 04:19 PM
I look at this bill in a different perspective:
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
h1-b forever
01-24 09:16 AM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
pzh
07-16 06:18 PM
There isn't a single fact that is true in this fax here. I don't know how groups like this get taken seriously if they don't even do basic research on what they are sending to congresspeople.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
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