webm
10-02 11:50 AM
Hi ,
My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.
Thanks in advance
From Murthy.com Article:
In order for one to be considered as properly maintaining LPR status, a green card holder must be maintaining a permanent residence in the United States. If one is outside the U.S. for a period greater than either six months or 180 days, the immigration inspector may start questioning whether the permanent residence has been abandoned. Being outside the U.S. for such periods of time can also be a problem when applying for U.S. citizenship.
�MurthyDotCom
If such an individual just makes an annual or biannual visit/s to the U.S., it may appear over time that s/he is spending more time abroad than in the U.S., and actually is living and working abroad. Then the individual is at risk of losing LPR status. If one plans on an extended stay outside the United States, it is possible to apply for a reentry permit before leaving the U.S., valid for a maximum period of two years. Such a permit would greatly facilitate reentry to the United States.
---------------------------
It should be a doable process provided all the required proof/documentation..
My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.
Thanks in advance
From Murthy.com Article:
In order for one to be considered as properly maintaining LPR status, a green card holder must be maintaining a permanent residence in the United States. If one is outside the U.S. for a period greater than either six months or 180 days, the immigration inspector may start questioning whether the permanent residence has been abandoned. Being outside the U.S. for such periods of time can also be a problem when applying for U.S. citizenship.
�MurthyDotCom
If such an individual just makes an annual or biannual visit/s to the U.S., it may appear over time that s/he is spending more time abroad than in the U.S., and actually is living and working abroad. Then the individual is at risk of losing LPR status. If one plans on an extended stay outside the United States, it is possible to apply for a reentry permit before leaving the U.S., valid for a maximum period of two years. Such a permit would greatly facilitate reentry to the United States.
---------------------------
It should be a doable process provided all the required proof/documentation..
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logiclife
06-27 11:35 AM
From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.
Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".
WHERE DOES IT SAY THAT ???
And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.
I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.
Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.
I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.
I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.
And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.
Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".
WHERE DOES IT SAY THAT ???
And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.
I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.
Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.
I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.
I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.
And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.
sparklinks
09-14 07:14 PM
Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!
2011 WRX, STI, Forester XT turbo
lazycis
02-13 12:38 PM
And how do you support that argument please ?
8 USC 1152(a)
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
5) Rules for employment-based immigrants
(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 1153 (b) of this title 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.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
8 USC 1152(a)
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
5) Rules for employment-based immigrants
(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 1153 (b) of this title 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.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
more...
nandakumar
05-11 07:39 PM
I never said that I'm disloyal to India or anything derogatory about India.
My statement "shame to hold Indian passport" is to express my resentment and to protest against the polices of the govt of India towards the Sri Lankan Tamil issue. I believe in freedom of expression and I have every right to protest what I deemed to be injustice.
I saying it again, in this country even burning of the national flag is considered a form of protest.
I'm expressing my feelings, if you or your so called "Tamil friends" are not matured enough to understand freedom expression and genuine protesting, I don't care and i don't owe any explanation to any one. Also I don't care what judgments other make about me.
Dude
you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.
My statement "shame to hold Indian passport" is to express my resentment and to protest against the polices of the govt of India towards the Sri Lankan Tamil issue. I believe in freedom of expression and I have every right to protest what I deemed to be injustice.
I saying it again, in this country even burning of the national flag is considered a form of protest.
I'm expressing my feelings, if you or your so called "Tamil friends" are not matured enough to understand freedom expression and genuine protesting, I don't care and i don't owe any explanation to any one. Also I don't care what judgments other make about me.
Dude
you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.
ras
07-05 04:09 PM
There has been parallel thread going on enquiring about the AC 21 portability for porting from Software engineer to software quality engineer. I did small bit of search and got the following info.
DOT CODE 030.062-010 Software Engineer
SOC Code
15-1011.00 Computer and Information Scientists, Research In-Demand
15-1031.00 Computer Software Engineers, Applications In-Demand
15-1099.01 Computer Software Engineers, Systems Software In-Demand
DOT CODE033.262-010 Quality Assurance Analyst
15-1099.01 Software Quality Assurance Engineers and Testers
We wanted to know from the attorney
if the above DOT codes
030.062-010 and 033.262-010 can be considered to be similar.
or
SOC codes
15-1011.00 and 15-1031.00 and 15-1032.00 or 15-1099.01 can be considered to be similar.
DOT CODE 030.062-010 Software Engineer
SOC Code
15-1011.00 Computer and Information Scientists, Research In-Demand
15-1031.00 Computer Software Engineers, Applications In-Demand
15-1099.01 Computer Software Engineers, Systems Software In-Demand
DOT CODE033.262-010 Quality Assurance Analyst
15-1099.01 Software Quality Assurance Engineers and Testers
We wanted to know from the attorney
if the above DOT codes
030.062-010 and 033.262-010 can be considered to be similar.
or
SOC codes
15-1011.00 and 15-1031.00 and 15-1032.00 or 15-1099.01 can be considered to be similar.
more...
ramus
07-04 11:06 AM
When you send any email, subject of the email matters.. If our subject is something like just immigration then I think they will just send automatic reply..
Let Mecaca work on getting good template/letter that we can use to send it to everybody..
Thanks.
I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
Enough of that freaking rubbish....
Lets send them letters, and specifically ask them
a) Do you condemn USCIS/DOS behavior, or do you commend it?
b) Do you sympathise with the plight of the employment based greencard applicants or not?
Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.
Let Mecaca work on getting good template/letter that we can use to send it to everybody..
Thanks.
I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
Enough of that freaking rubbish....
Lets send them letters, and specifically ask them
a) Do you condemn USCIS/DOS behavior, or do you commend it?
b) Do you sympathise with the plight of the employment based greencard applicants or not?
Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.
2010 2011 Subaru Impreza WRX STi
chmur
02-13 10:37 PM
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
more...
yogi13229
07-08 03:10 PM
I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
hair 2004 Subaru Impreza WRX STi
hpandey
06-14 12:40 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
You have got the same Indian mentality that most of the people here that once we got a GC and citizenship let us close the doors behind us. Just because you got lucky and got your GC in time and are now applying for Citizenship you are saying that all others who come after you are not as qualified as you or "best and the brightest" .
For your knowledge I see a lot of intelligent people everyday from all walks of life - Indians, Americans, Chinese, Russians etc etc. A person does not becomhe intelligent by the number of degrees he has but by the logic sense that he has and how he applies to his daily life.
Who are you to judge the people coming after you that they are not skilled or the best and brightest.
I don't wish bad for anyone but if you are saying retrogression is good then beware you are wishing for the curse of a lot of people who have been unfairly standing in the queue for 8 - 10 years while a lot of people from 2006 got their GC.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
You have got the same Indian mentality that most of the people here that once we got a GC and citizenship let us close the doors behind us. Just because you got lucky and got your GC in time and are now applying for Citizenship you are saying that all others who come after you are not as qualified as you or "best and the brightest" .
For your knowledge I see a lot of intelligent people everyday from all walks of life - Indians, Americans, Chinese, Russians etc etc. A person does not becomhe intelligent by the number of degrees he has but by the logic sense that he has and how he applies to his daily life.
Who are you to judge the people coming after you that they are not skilled or the best and brightest.
I don't wish bad for anyone but if you are saying retrogression is good then beware you are wishing for the curse of a lot of people who have been unfairly standing in the queue for 8 - 10 years while a lot of people from 2006 got their GC.
more...
vamsi_poondla
02-14 01:54 PM
I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it.
I appreciate IV for its efforts. Happy V'Day.
I will contribute for legal advice if some leaders for this initiative steps forward with firm commitment. It may sound silly to put conditions like this. But if such a big movement is here in making all of us excited about the prospect of having a law suit, then it is a responsibility of those who initiated this thread to lead this effort forward.
I appreciate IV for its efforts. Happy V'Day.
I will contribute for legal advice if some leaders for this initiative steps forward with firm commitment. It may sound silly to put conditions like this. But if such a big movement is here in making all of us excited about the prospect of having a law suit, then it is a responsibility of those who initiated this thread to lead this effort forward.
hot 2006 Subaru Impreza WRX STi
Munna Bhai
02-15 11:49 AM
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Follow what Bestia says. What Bestia meant is that, you should send your personnal cheques so that you can track it. Yes, there are good chances of AOS approval because that is normal thing, unless you are out-of-status or if your employer is in black list. No one knows how long it will take to get a GC but do look for other options like EAD etc.
Hope this helps. Ask as many questions as you have, we will do our best to answer.
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Follow what Bestia says. What Bestia meant is that, you should send your personnal cheques so that you can track it. Yes, there are good chances of AOS approval because that is normal thing, unless you are out-of-status or if your employer is in black list. No one knows how long it will take to get a GC but do look for other options like EAD etc.
Hope this helps. Ask as many questions as you have, we will do our best to answer.
more...
house 2009 Subaru Impreza WRX
texanguy
10-01 07:14 PM
in the next 10-20 years, US needs steady stream of educated young working population(say 25-40 yrs olds) to take care of all the commitments of social security and medicare. Babyboomers will soon outnumber the younger generations. immigration is a need for US now more than ever in the known history. employment based immigration is definitely going to increase/needs to be increased at any cost.
Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...
Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...
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garybanz
12-14 02:15 PM
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
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amoljak
10-23 03:12 PM
Thanks eb3India.
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
The standard process approved by the DOFSY is that they sell 1500 pre-approved labors on E-bay every year. The Auction starts at 13:34 EST on February 7th each year and continues for a day. Once you buy the labors, there is a lobor subs market just like the stock market. People bid and buy labor certs whenever they need it.
( :) Take this post lightly )
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
The standard process approved by the DOFSY is that they sell 1500 pre-approved labors on E-bay every year. The Auction starts at 13:34 EST on February 7th each year and continues for a day. Once you buy the labors, there is a lobor subs market just like the stock market. People bid and buy labor certs whenever they need it.
( :) Take this post lightly )
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Marphad
05-18 02:54 PM
Marphad, i didn't say that it's wrong or right, you implied he is anti immigrant, spreading rumors and writing un-necessary posts, i just failed to see how you concluded all that just by looking at his profile ? And point taken after you replied.
And isn't the content in his profile all default content (correct me if i'm wrong) when the tracker was introduced, even i had a changeability as US. And i'm not trying to defend him, but you seem to assume it's fake. And the way i see it, it is incomplete.
If one has a fake profile do you really think he will make it so obvious ? it would resemble more accurate data than the most obvious.
And i do know the profile carries on to a on-related immi thread, no doubts there, except it only makes sense looking and analyzing it when related to an immi issue, unless you are looking for something else.
I didn't say it is fake in my first post. I just pointed out that guy that profile has some wrong content that may impact his credibility. His answer was rude and made me upset.
No hard feelings for anyone buddy, we are all going through more or less the same pain.
And isn't the content in his profile all default content (correct me if i'm wrong) when the tracker was introduced, even i had a changeability as US. And i'm not trying to defend him, but you seem to assume it's fake. And the way i see it, it is incomplete.
If one has a fake profile do you really think he will make it so obvious ? it would resemble more accurate data than the most obvious.
And i do know the profile carries on to a on-related immi thread, no doubts there, except it only makes sense looking and analyzing it when related to an immi issue, unless you are looking for something else.
I didn't say it is fake in my first post. I just pointed out that guy that profile has some wrong content that may impact his credibility. His answer was rude and made me upset.
No hard feelings for anyone buddy, we are all going through more or less the same pain.
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easygoer
07-23 01:51 PM
vldrao has done good job and we are thankful to him
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qualified_trash
06-21 03:11 PM
Friends,
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
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saimrathi
07-03 06:58 PM
On 7/3/07, Senator_Clinton@clinton.senate.gov <Senator_Clinton@clinton.senate.gov> wrote:
Dear Friend:
Thank you for taking the time to share your thoughts and concerns with me
via e-mail. I hope you will understand that, because of the volume of
e-mails I receive from residents of New York State, I cannot at this time
respond to messages received from residents of other states. I encourage
you to contact your U.S. senators if you have an issue or concern that
needs immediate attention. You can access your senators electronically by
visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
of their contact information. If you are still interested in learning
more about the work I am doing on behalf of New York State, I hope you
will continue to monitor my work through my website at
http://clinton.senate.gov.
Sincerely,
Senator Hillary Rodham Clinton
New York State
Dear Friend:
Thank you for taking the time to share your thoughts and concerns with me
via e-mail. I hope you will understand that, because of the volume of
e-mails I receive from residents of New York State, I cannot at this time
respond to messages received from residents of other states. I encourage
you to contact your U.S. senators if you have an issue or concern that
needs immediate attention. You can access your senators electronically by
visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
of their contact information. If you are still interested in learning
more about the work I am doing on behalf of New York State, I hope you
will continue to monitor my work through my website at
http://clinton.senate.gov.
Sincerely,
Senator Hillary Rodham Clinton
New York State
samay
08-25 02:54 PM
Hi,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
You cannot start working till you get your H-1 B stamped. I think you misunderstood what the consular officer said to you. Please see a good attorney before you start working or contact me.
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
You cannot start working till you get your H-1 B stamped. I think you misunderstood what the consular officer said to you. Please see a good attorney before you start working or contact me.
rahulpaper
06-26 08:33 PM
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
Please Please Please ask the lawyer you are working with.....
Please Please Please ask the lawyer you are working with.....
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