amit79
04-10 11:47 AM
I've been a consultant for 5 years now, worked for 5 different clients, and was without work for just 4 days so far. If consulting companies are banned, it means that I will steal the job of one of you permanent employees.
People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.
I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.
Don't get offended. You need to see the other angles too. I showed you one.
Maybe you are not part of the typical consultants we are talking here. These touts apply for poeple even when they don't have jobs here.
One of my school friends is working in India for some company. He is not even thinking about coming to US but a consultant here has applied for a H1B for my friend and told him that if it gets approved then they can find him some work. What do you call this ?
So now he is in the same poll as me for H1B. Me ? I have a job with one of the biggest offshore company in the US. Hope I made my point clear Shx.
People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.
I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.
Don't get offended. You need to see the other angles too. I showed you one.
Maybe you are not part of the typical consultants we are talking here. These touts apply for poeple even when they don't have jobs here.
One of my school friends is working in India for some company. He is not even thinking about coming to US but a consultant here has applied for a H1B for my friend and told him that if it gets approved then they can find him some work. What do you call this ?
So now he is in the same poll as me for H1B. Me ? I have a job with one of the biggest offshore company in the US. Hope I made my point clear Shx.
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vinoddas
09-26 06:24 PM
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
smsthss
07-19 10:00 AM
Ask her to do all the immunizations and get a immunization record. Take an appointment here on Aug 15th. Go to the doctor, pay him more and tell me you need ASAP and get the report the same day.
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akred
07-14 09:21 AM
I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
more...
pcs
07-10 08:36 AM
We can keep sending emails / call the CNN President.
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
He is already on the defensive..
Read this....
CNN's Immigration Problem
Is Dobbs the exception�or the rule?
http://www.fair.org/index.php?page=2867
leoindiano
07-27 08:01 PM
E-filed on July 1st. Got Receipts, NO FP notice yet.
Guys, if your EAD approved, please put in your PD here.
Guys, if your EAD approved, please put in your PD here.
more...
prioritydate
08-05 10:30 PM
see my signiture...
I think signature is not getting displayed here.
I think signature is not getting displayed here.
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emulux
12-29 01:38 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
more...
number30
04-01 06:29 PM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
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GCBy3000
07-27 11:01 PM
what is this? there are delivered date and received date with received date before the delivered date. How can they receive before the delivery. Hmmm Did USCIS guys ran early morning 4 O Clock to UPS/ FED-EX/ ETC to receive the app before those guys attempted to deliver :) Even if someone says, "YES", there was 6 days difference between those two days. No idea what USCIS is doing.
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=3411020351&r=4691050351#4691050351
Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=3411020351&r=4691050351#4691050351
Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?
more...
kumar_77
05-15 09:41 AM
This Is Good for every one , as People With Phd's and Masters degrees will be eliminated from 140K Cap ..which will defenetly double the number of green cards for EB3 ......hope this works
I have 2 MS degrees from US Univs ... 4 years ...and a lot of $$$$$$ spent
:mad::rolleyes::eek::o;):D:p:confused:
I have 2 MS degrees from US Univs ... 4 years ...and a lot of $$$$$$ spent
:mad::rolleyes::eek::o;):D:p:confused:
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aksm78
11-16 03:17 PM
Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.
more...
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pappu
12-01 09:00 AM
I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
Go to know this. Has anyone experienced problems with health insurance too. Especially health insurance taken by individuals themselves rather then provided by employers?
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
Go to know this. Has anyone experienced problems with health insurance too. Especially health insurance taken by individuals themselves rather then provided by employers?
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kghoshal
12-21 11:47 PM
Indeed it was great Christmas new. At last.
more...
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kondur_007
06-10 03:50 PM
Completely baseless and irresponsible statement from Mr. Gotcher!!!
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
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mblueocean
07-07 03:46 AM
http://www.nytimes.com/2007/07/06/us/06visa.html?ex=1341460800&en=5049edb808b4b9dd&ei=5124&partner=permalink&exprod=permalink
One way to get media attention is digg this article. Its already on the first page we need lot more diggs to make it topmost.
http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
One way to get media attention is digg this article. Its already on the first page we need lot more diggs to make it topmost.
http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
more...
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dineshksharma
07-14 03:50 PM
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
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TomPlate
07-19 03:32 PM
Tell Embassy that you need to file I485, so they will an earlier appointment.
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485Mbe4001
01-19 08:05 PM
Posted letters to President and IV today. Contacted my company HR on friday, they expressed support, but i am not sure if they will mail a letter.
morchu
07-20 01:22 AM
Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
guy03062
04-03 07:59 AM
to all senators.
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