jthomas
06-10 12:30 PM
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
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Templarian
11-28 08:49 PM
Yea, Scythe I think rotating the text made it a bit to complex. :trout:
seekerofpeace
09-13 09:38 AM
Folks,
I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...
I can understand the feelings but the profanity and the language used won't lead us anywhere.
Frustration is the only common thing among the EBI applicants...some more some less...
I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....
Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....
I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...
Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......
The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......
Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........
SoP
I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...
I can understand the feelings but the profanity and the language used won't lead us anywhere.
Frustration is the only common thing among the EBI applicants...some more some less...
I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....
Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....
I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...
Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......
The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......
Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........
SoP
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Hassan11
09-07 11:44 AM
I posted this question almost a month agao with no response. can anybody help?? I am stuck........
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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Gravitation
12-09 08:28 PM
BTW, what are some of the online MS / MBA schools that the H1B community is attending ? Please share this information as I plan to take up one, and wanted to learn from your experirnce.
Thanks in advance.
I know many people who're going for part-time MBA, including myself. A good way of making best out of a stagnant career phase while waiting for GC.
Thanks in advance.
I know many people who're going for part-time MBA, including myself. A good way of making best out of a stagnant career phase while waiting for GC.
Soul
05-27 09:31 AM
Grrrr :P
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rajeevkaza
10-30 09:33 PM
Hi,
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.
Good Luck.
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poorslumdog
09-04 03:38 PM
If at this rate the people are dying, In 1-2 years every one will be finished.
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Man...you rock
Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???
Man...you rock
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Nikith77
10-05 03:03 PM
I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
The web site clearly says that you should be a citizen or a green card to open an account
Did anyone opened it recently.
The web site clearly says that you should be a citizen or a green card to open an account
Did anyone opened it recently.
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wellwishergc
04-10 07:01 PM
I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
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dixie
10-13 07:36 PM
You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
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krithi
02-04 08:11 AM
I am in similar situation but the only difference is I applied for 485 after graduating and currently working on EAD, can I visit India and come back on AP with no isses? and BTW what did ur attorney say exactly? appreciate ur help.
krithi
krithi
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123456mg
07-20 03:32 AM
Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".
The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.
There are various factors to consider here:
1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.
2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.
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NKR
04-21 03:07 PM
H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.
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go_guy123
01-20 12:24 PM
Short pass plays
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
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cool_guy_onnet1
06-01 01:49 PM
Hers's the SOURCE...
http://www.shusterman.com/toc-it.html#B
FIRST ITEM IN THE LIST
Let's fill the mailboxes over the weekend... I am driving to Atlantic city-- Worse the traffic, better for IV!! I will be calling for 3 full hours! Love my Blackberry 8800, fill in the numbers and just keep calling using "auto dial next feature"!
http://www.shusterman.com/toc-it.html#B
First ITEM in the list
http://www.shusterman.com/toc-it.html#B
FIRST ITEM IN THE LIST
Let's fill the mailboxes over the weekend... I am driving to Atlantic city-- Worse the traffic, better for IV!! I will be calling for 3 full hours! Love my Blackberry 8800, fill in the numbers and just keep calling using "auto dial next feature"!
http://www.shusterman.com/toc-it.html#B
First ITEM in the list
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intheyan
08-20 02:34 PM
The same here. The primary got approved and the dependent is still pending.
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martinvisalaw
08-18 12:46 PM
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
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rajpatelemail
12-14 11:50 PM
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
immig4me
04-22 01:44 PM
try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
fromnaija
07-11 06:31 PM
I am not sure if my previous employer will support, even i am not sure if they have sent a I-140 cancellation request to USCIS.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
If your former employer will not support your GC application and you are not even sure if they already cancelled your 140, then you CANNOT file 485 based on that 140.
As chennai already advised you may have your 140 premium processed.
However, reading back your origiinal post I don't think you can file 485 until your new 140 is approved since you are porting PD. So your PD must be ported to the new 140 successfully and the PD current before you can submit 485. Sorry for the initial confusion.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
If your former employer will not support your GC application and you are not even sure if they already cancelled your 140, then you CANNOT file 485 based on that 140.
As chennai already advised you may have your 140 premium processed.
However, reading back your origiinal post I don't think you can file 485 until your new 140 is approved since you are porting PD. So your PD must be ported to the new 140 successfully and the PD current before you can submit 485. Sorry for the initial confusion.
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