jkays94
04-26 01:42 PM
BTW, I want to use this opportunity to thank IV members virtual55, jkays94, and cpolisetti for setting this whole ball in motion.
You're most welcome, a big thank you to the core team for having followed up and for doing what was necessary to turn this into reality. I have shared the article with some of my colleagues, and they all agree that the article hit the nail on the head in as many words in regards to the problems that we all undergo as GC and LC applicants, problems that the public at large does not know about and would not otherwise not have knowledge about were it not for IV. Lets keep up the team spirit, the momentum and steer IV to even greater heights! We can do it and we certainly will.
You're most welcome, a big thank you to the core team for having followed up and for doing what was necessary to turn this into reality. I have shared the article with some of my colleagues, and they all agree that the article hit the nail on the head in as many words in regards to the problems that we all undergo as GC and LC applicants, problems that the public at large does not know about and would not otherwise not have knowledge about were it not for IV. Lets keep up the team spirit, the momentum and steer IV to even greater heights! We can do it and we certainly will.
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hebron
05-29 01:52 PM
Agreed the statement "Indian Americans are brilliant" is too much generalisation, but Many of the immigrants from India and China are here because they are highly educated, so they put a lot of emphasis on academics, as a sports star might on his/her children in sports, likewise a movie star.
Its better to be guided by aspirations than to be misguided by carelessness.
Well said...
Its better to be guided by aspirations than to be misguided by carelessness.
Well said...
swamy
12-16 02:49 PM
i am just curious about the alternatives that people have to iv. i came up with ZERO. there couldnt be a greater intersection of interests and goals between potential eb-gcfilers and iv. other organizations are burdened with a much larger agenda with ours being a footnote mostly. & there are ZERO ACTIVE advocates for our cause, just a few journalists here & there along with editorial boards of papers like wsj & nyt that have little influence in this debate. teh corporate lobbyists do ask for more ebgc's and h1's but their timeframe to achieve it is very flexible - they can wait for the political tide to turn. how many iv guys are comfortable with such a timescale to achieve this?if we look at the anti's/bigots,as abhorrent as their goals are there's something to be learnt from the way they tap their supporters energy & $$. they have paid fulltime staff devoted entirely to churnin out 'academic' papers blaming everything on immigrants & they dont care if they have to abuse statistics or rewrite history on the way bcos no one cares or have time to question that. they have 'thinktanks' to 'think' exclusively about vilifying immigrants. they have tv hosts with audiences in the 100s of 1000s to demagogue relentlessly, moving/setting the parameters of the debate thats going to make things much much worse. so what are the ppl on the sidelines doing? anyone?
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sanju
04-29 06:02 PM
Best way is some of the provisions in Durbin bill to restrict some abuse. Only bad thing in Durbin bill is it is banning consulting with H1bs. Other than this provision everything is good. Instead of opposing the entire bill it is better to oppose only that section.
Here this is what your views are
___________________________________
___________________________________
You know what this is?
This is your tunnel vision....
You have no clue about the implication of Durin bill but you seem to think that your tunnel vision is the wisdom of the gospel, the entirety of all solutions to all the problems.
Do you take your child to graveyard when your child is sick? Or do you take your child to a doctor? Durbin Grassley bill is taking H-1B program to the graveyard. But that's ok, let's all subscribe to your tunnel vision and support Durin bill..... If that passes, within one year you will come back to some forum and say that this is the worst thing to happen for this community. But again, that's ok, lets all use this.... The Tunnel Vision.
___________________________________
___________________________________
You have victory flowing all through your veins... good!!!!
Here this is what your views are
___________________________________
___________________________________
You know what this is?
This is your tunnel vision....
You have no clue about the implication of Durin bill but you seem to think that your tunnel vision is the wisdom of the gospel, the entirety of all solutions to all the problems.
Do you take your child to graveyard when your child is sick? Or do you take your child to a doctor? Durbin Grassley bill is taking H-1B program to the graveyard. But that's ok, let's all subscribe to your tunnel vision and support Durin bill..... If that passes, within one year you will come back to some forum and say that this is the worst thing to happen for this community. But again, that's ok, lets all use this.... The Tunnel Vision.
___________________________________
___________________________________
You have victory flowing all through your veins... good!!!!
more...
sertasheep
06-24 03:21 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
pmpforgc
10-11 11:44 AM
Dear Nelsonagn and BlueKayal
Thanks for your responses
Bluekayal does your I-140 is already approved as Sched. A or are you going for premium processing?
Thanks for your responses
Bluekayal does your I-140 is already approved as Sched. A or are you going for premium processing?
more...
desi3933
02-02 01:59 PM
I'm also going to do a FOIA request for my I-140 that got approved in Jan 08. Employer is saying its their petition and they wont share it. I'm not going into argument because they revoke it now - The Legal Immigration system is too weak and too much lopsided to a "employer" rather than on the "individual employee"
I know during a PD porting to another AC21 employer this approval notice is sufficient even if the I-140 is revoked but my doubt is if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
>> if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
No, I-140 must be active in order to extend H1-B beyond 6 years.
____________________
Not a legal advice.
US Citizen of Indian Origin
I know during a PD porting to another AC21 employer this approval notice is sufficient even if the I-140 is revoked but my doubt is if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
>> if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
No, I-140 must be active in order to extend H1-B beyond 6 years.
____________________
Not a legal advice.
US Citizen of Indian Origin
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ksam75
07-20 11:30 PM
EB3. FedEx delivered on July2nd at 10:30AM.
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ars01
07-09 01:36 PM
From the same memorandum:
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
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desi3933
06-19 10:22 AM
Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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gk_2000
03-10 01:19 PM
The poor response is because we are not together and we truly do not believe in our goal. With the assumption that 90% of IV members are Indians, I can safely say this is innate in our culture - we want to get the benefit without working for it AND once we get the benefit, we give a damn about the rest of "them". :mad:
Just my 2 cents here: Our culture has its place. Being conservative with our money has served us very well today so let us not disparage it. For raising funds from our community we should have more convincing behavior, actions and arguments. Generating trust and goodwill is very important.
To get peoples' trust it is important to be patient and welcome questions and respect others' views, and always answer in best manner possible. Unfortunately there are a few immature elements that spoil the atmosphere here. Maybe we should have some amount of moderation, to cut out the unwanted speeches
Just my 2 cents here: Our culture has its place. Being conservative with our money has served us very well today so let us not disparage it. For raising funds from our community we should have more convincing behavior, actions and arguments. Generating trust and goodwill is very important.
To get peoples' trust it is important to be patient and welcome questions and respect others' views, and always answer in best manner possible. Unfortunately there are a few immature elements that spoil the atmosphere here. Maybe we should have some amount of moderation, to cut out the unwanted speeches
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rpatel
05-11 03:33 PM
http://www.nytimes.com/2006/05/11/washington/11cnd-immig.html
Senate Leaders Expect Immigration Bill Next Week
Sign In to E-Mail This Print Reprints Save
By DAVID STOUT
Published: May 11, 2006
WASHINGTON, May 11 � Senate leaders said today that they had broken a political stalemate and would bring to the floor next week an immigration bill that could put millions of illegals on the road to eventual American citizenship.
Its a positive developement indeed but looking at the tone of both, Reid and Frist it seems their primary motivation is to "show" that they are not sitting on the issue but doing "something"...in other words a genuine concern for the plights of immigrant in waiting (both legal and illegal) doesn't seem to be the driving force but rather both parties are looking for bragging rights on the issue come november elections.....
Any ways I guess being positive would be the best approach for us...who cares what the law maker's real motivation is aslong as we get a legislation that's favorable to us...Njoy
Senate Leaders Expect Immigration Bill Next Week
Sign In to E-Mail This Print Reprints Save
By DAVID STOUT
Published: May 11, 2006
WASHINGTON, May 11 � Senate leaders said today that they had broken a political stalemate and would bring to the floor next week an immigration bill that could put millions of illegals on the road to eventual American citizenship.
Its a positive developement indeed but looking at the tone of both, Reid and Frist it seems their primary motivation is to "show" that they are not sitting on the issue but doing "something"...in other words a genuine concern for the plights of immigrant in waiting (both legal and illegal) doesn't seem to be the driving force but rather both parties are looking for bragging rights on the issue come november elections.....
Any ways I guess being positive would be the best approach for us...who cares what the law maker's real motivation is aslong as we get a legislation that's favorable to us...Njoy
more...
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smisachu
03-18 10:39 AM
[QUOTE=h1techSlave;231111]I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lenders were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.
Dude; not that your idea is bad, but don�t come up with assumptions that the fed chairman is clueless!! He has been handling the crisis extremely satisfactorily. So far he has proved to be a good chairman and similar to Greenspan and Volker.
You have to understand derivatives and structured investment vehicles to understand what the economy is facing. The risk of sub prime CDO's has been spread thorough out the credit markets. Just imagine Bear Stearns which has a head quarters building in NYC worth $1 billion was sold for $236 Mil. Yankees pay A-Rod more than that. This will tell you how the valuation of derivatives has depleted cash flow and liquidity of a wall street titan which had stood through the great depression, 2 world wars, market crashes in the 1970's, 87, 01 and recessions in between.
Google "Long term Capital management (LTCM)" and study their history you will see what derivatives are capable of. Warren buffet calls derivatives "Financial instruments of mass destruction".
So the man is faced with such a mess, don�t insult his intelligence by making unwarranted statements.
Dude; not that your idea is bad, but don�t come up with assumptions that the fed chairman is clueless!! He has been handling the crisis extremely satisfactorily. So far he has proved to be a good chairman and similar to Greenspan and Volker.
You have to understand derivatives and structured investment vehicles to understand what the economy is facing. The risk of sub prime CDO's has been spread thorough out the credit markets. Just imagine Bear Stearns which has a head quarters building in NYC worth $1 billion was sold for $236 Mil. Yankees pay A-Rod more than that. This will tell you how the valuation of derivatives has depleted cash flow and liquidity of a wall street titan which had stood through the great depression, 2 world wars, market crashes in the 1970's, 87, 01 and recessions in between.
Google "Long term Capital management (LTCM)" and study their history you will see what derivatives are capable of. Warren buffet calls derivatives "Financial instruments of mass destruction".
So the man is faced with such a mess, don�t insult his intelligence by making unwarranted statements.
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eb2dec2005
04-15 12:31 PM
Well, last year i was in a similar situation too ,actually worse than yours.My project ended in February '08.Then i went to India for 4 months. After i got back , my employer refused to pay for my health inssurance.I opted for COBRA and was paying 1200$ for my family , with my husband and child listed as dependants.I attended several interviews,while I was expecting my second child . Though its against the law, many were skeptical in employing me as a consultant during this time. I was very lucky to get a full time offer using my EAD, where my health coverage started after 60 days .All this time, without a project , i was paying through my nose for the health insurance using COBRA.
Ofcourse, i never bothered to inform my employer about my new employement.(Do i need to??)One fine day, i get an update on my H1 application , that the case has been reopened for review , and i get to know through my employer that he has CANCELLED my H1(got a 3 year extension based an approved I140).He did not give me chance to transfer it, inspite of me working rather slogging for 4 years , during which he shamelessly took the overtime money i earned as part of the billing.Though, i feel cheated,used etc etc.... but i did nothing. What could i have done?
All through my journey in this GC process, i have had bitter experiences with desi employers.Though i've been in this country for 10 long years, i am still sitting waiting for my GC with the PD of Dec '05!! The previous employer, said he was filing my GC under EB2 but actually used EB3. And he also was willing to 'sell me my labor' for 12k!!!!! when i requested for retaining the PD. I coulddo nothing..
I am not writing all this to vent my anger but to make you think that there could be other worse things happening to us.
Also can somebody educate me on the 'stimulus' ,please?(pardon my ignorance)
Thanks
Ofcourse, i never bothered to inform my employer about my new employement.(Do i need to??)One fine day, i get an update on my H1 application , that the case has been reopened for review , and i get to know through my employer that he has CANCELLED my H1(got a 3 year extension based an approved I140).He did not give me chance to transfer it, inspite of me working rather slogging for 4 years , during which he shamelessly took the overtime money i earned as part of the billing.Though, i feel cheated,used etc etc.... but i did nothing. What could i have done?
All through my journey in this GC process, i have had bitter experiences with desi employers.Though i've been in this country for 10 long years, i am still sitting waiting for my GC with the PD of Dec '05!! The previous employer, said he was filing my GC under EB2 but actually used EB3. And he also was willing to 'sell me my labor' for 12k!!!!! when i requested for retaining the PD. I coulddo nothing..
I am not writing all this to vent my anger but to make you think that there could be other worse things happening to us.
Also can somebody educate me on the 'stimulus' ,please?(pardon my ignorance)
Thanks
more...
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jayz
07-02 01:28 AM
You can find the link on the US Consulate website for Mumbai, under appointment information.
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axp817
06-09 07:03 PM
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
Logiclife,
I have been reading your posts for a long time now, and looking at your signature, and your views on legal, responsible firearm ownership, I have to say that your forum handle is very appropriate.
My respect for you (which was already very high) just went up 10 fold.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
Logiclife,
I have been reading your posts for a long time now, and looking at your signature, and your views on legal, responsible firearm ownership, I have to say that your forum handle is very appropriate.
My respect for you (which was already very high) just went up 10 fold.
more...
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GoneSouth
02-07 01:11 PM
If you have some friends who you know have successfully executed an EB-2 I-140 based on a job zone 4 occupational classification (such as software engineer), I'd consult with your friends attorneys, then switch attorneys if they think they can help you.
xbohdpukc - very interesting. Did you get an EB-2 I-140 approval based on that software engineer occupational classification? The issue at hand is not whether the LC will get approved, that is relatively straightforward. It's whether an EB-2 I-140 will be approved based on a LC for a job zone 4 occupation.
- gs
xbohdpukc - very interesting. Did you get an EB-2 I-140 approval based on that software engineer occupational classification? The issue at hand is not whether the LC will get approved, that is relatively straightforward. It's whether an EB-2 I-140 will be approved based on a LC for a job zone 4 occupation.
- gs
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RLNY122004
05-10 03:57 PM
Contributed $25 today 05/10/2007.
Paypal receipt # 1937-8357-4137-4453
Paypal receipt # 1937-8357-4137-4453
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sac-r-ten
05-10 09:41 AM
So the question still remains. Which is better school for MS with a little lesser load on the pocket.
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
bigboy007
07-25 04:49 PM
Expectation is itself on July 2nd courier based Apps were around 20000+ but ofcourse after 2nd the no. of applications significantly reduced hope for the best
caydee
05-22 08:12 PM
$100.00 Paypal transaction ID #87H816341N4114833
Contributions to date - $220 (from Dec 06)
Contributions to date - $220 (from Dec 06)
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