nixstor
01-13 06:07 PM
We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
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shiankuraaf
05-30 09:39 AM
Just now voted 'YES'
permfiling
02-08 05:44 PM
Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..
My cousin took a offer from a employer in CA who who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different in the sense that all these agreements are not valid so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
My cousin took a offer from a employer in CA who who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different in the sense that all these agreements are not valid so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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Guig0
02-03 06:58 AM
now i�m ashaned coz i don�t have any vote at all :(
more...
jayleno
07-26 12:36 AM
Buddy if you are looking for some sympathy for your situation....none from me. Dont blame me for my unnecessary post...I will not blame you for the unnecessary thread. We will call it even :). Just relax my friend.
Sharing my bookmark with you...may help with your situation.
http://www.thirdage.com/healthgate/files/78992.html
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Sharing my bookmark with you...may help with your situation.
http://www.thirdage.com/healthgate/files/78992.html
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
snathan
06-16 10:32 PM
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
more...
x1050us
07-19 10:18 AM
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
No she cant becuase her visa appointment is on Aug 13.
No she cant becuase her visa appointment is on Aug 13.
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ganguteli
02-10 10:09 PM
Congrats on getting the LUD
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pady
08-20 09:07 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
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bestin
02-04 05:52 PM
updated.sent 2 letters to iv and bush
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champu
03-11 11:45 PM
I guess these companies are also registered in USA and have moral responsibilty to respond. It is a huge mistake to ignore a national level politician's query.
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
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nozerd
04-13 11:45 AM
So why isnt EB3 India moving at all ?
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
more...
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PresidentO
04-01 06:35 PM
This is clearly crap.
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
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bskrishna
05-15 09:40 AM
Always check with your state chapters.
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
Will do so...
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
Will do so...
more...
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texanmom
08-28 05:40 PM
I know this is not the right place..but I didn't know where else to post this. Sorry about that.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
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meridiani.planum
07-19 11:53 PM
Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?
well since we are in the mood for quotes here's a different take on the use of past moves in making a current move:
George Santayana:
Those who cannot learn from history are doomed to repeat it.
Etienne Gilson:
History is the only laboratory we have in which to test the consequences of thought.
Kurt Vonnegut:
History is merely a list of surprises. It can only prepare us to be surprised yet again.
Pearl S. Buck:
One faces the future with one's past.
though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.
well since we are in the mood for quotes here's a different take on the use of past moves in making a current move:
George Santayana:
Those who cannot learn from history are doomed to repeat it.
Etienne Gilson:
History is the only laboratory we have in which to test the consequences of thought.
Kurt Vonnegut:
History is merely a list of surprises. It can only prepare us to be surprised yet again.
Pearl S. Buck:
One faces the future with one's past.
though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.
more...
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GCBy3000
07-26 04:56 PM
At least you have nine more fingers in your hand. But the poor keyboard / laptop has only one F5.
By the way, I work for a insurance company and we have customer service dept. Once one of our client called and said she is having some issues with our website. The customer service rep could not resolve the case so she conferenced me in. I asked the client to press F5 to refresh the browser. She said her browser was not refreshed even after pressing F5. After serveral minutes I realized that she was pressing F and then 5 seperately. The story continued with that client for several minutes and I accepted my defeat at the end.
Another time when I called the charter company for some cable issue, they asked what OS I have. I replied I have windows on my PC and they did not understand. So she asked "Do you have windows or PC?". I said "I have windows on my PC". I thought she is funny. But when I went to the charter site for cable connection registration, they had similar question in their website too. Then I realized, in US windows = OS from microsoft and PC= MAC.
Man u guys are faaaaaaaaaaaast!!!!
BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!
By the way, I work for a insurance company and we have customer service dept. Once one of our client called and said she is having some issues with our website. The customer service rep could not resolve the case so she conferenced me in. I asked the client to press F5 to refresh the browser. She said her browser was not refreshed even after pressing F5. After serveral minutes I realized that she was pressing F and then 5 seperately. The story continued with that client for several minutes and I accepted my defeat at the end.
Another time when I called the charter company for some cable issue, they asked what OS I have. I replied I have windows on my PC and they did not understand. So she asked "Do you have windows or PC?". I said "I have windows on my PC". I thought she is funny. But when I went to the charter site for cable connection registration, they had similar question in their website too. Then I realized, in US windows = OS from microsoft and PC= MAC.
Man u guys are faaaaaaaaaaaast!!!!
BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!
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sheela
11-29 07:49 PM
Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
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Libra
07-10 09:30 AM
I saw this many times, he call some indian guy for interview on h1b's and out sourcing then he ask questions and then he olny answer to those questions and he never give that person a chance to explain, and he says thank you for being here we got something more imp need to cover that is Paris Hilton got out of jail partying again............b****d
I think we should go after him. Every time he calls us cheap labor. He opposes employment based green cards as well as H1b. In a sense , he hates Indians.
He fuels the rumors against our cause. See his video below :-
http://youtube.com/watch?v=Fx--jNQYNgA
Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.
I think we should go after him. Every time he calls us cheap labor. He opposes employment based green cards as well as H1b. In a sense , he hates Indians.
He fuels the rumors against our cause. See his video below :-
http://youtube.com/watch?v=Fx--jNQYNgA
Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.
drak70
02-21 03:20 PM
It seems to me something flagged in background check and they need to verify that
Ramba
08-08 12:22 PM
Guys,
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
0.0001% chance that your 485 will be approved when your PD is not current.
Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
0.0001% chance that your 485 will be approved when your PD is not current.
Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.
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