kumar1
03-16 01:04 AM
Once again, just like DESI said -- you do care about the comments otherwise you would not have posted your replies at 1 AM.
I am not sure which school in India you are pointing to, but I have a 4 year degree from IIT Delhi, and I am in EB-3. Why?? No point telling you! My wife is also from IIT Delhi....on H4. Why? No point telling you!
You are naieve!
so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
I am not sure which school in India you are pointing to, but I have a 4 year degree from IIT Delhi, and I am in EB-3. Why?? No point telling you! My wife is also from IIT Delhi....on H4. Why? No point telling you!
You are naieve!
so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
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krishna.ahd
01-30 01:21 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
mpadapa
09-26 11:39 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
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singhsa3
02-21 02:53 PM
Just one quick thing though:
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
more...
desi3933
01-31 07:55 AM
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
singhsa3
07-13 09:09 AM
Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
more...
Sandeep
02-08 09:16 AM
Admin,
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
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EB3_SEP04
05-26 06:15 PM
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
more...
bigboy007
07-18 12:47 PM
I think all of us cautious at this time is very imp and we keep calling uscis pref next week so that we ensure we have enough backup avail and we have 30 days till.
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ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
more...
gc_check
10-29 11:45 AM
Folks, This poll was created originaly on 7/7, Many folks got their GC, since then. The % might not reflect the current numbers of folks waiting. Still a good indicator, May be new poll might give a current status.
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mbawa2574
02-16 12:28 PM
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
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like_watching_paint_dry
04-06 11:10 PM
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
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ashwin_27
06-10 01:02 PM
Track the status of this bill -
S. 2804: Employ America Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-2804)
We can read between the lines and be as optimistic as we want..but I do not see anything in the text that excludes EADs.
As per pappu's initial email, everyone - H1B, EAD, L1 etc etc (except GC holders and citizens) are impacted by this bill.
What is the guidance to IV members? Start contacting the senators in the senate committee that deliberating on it and impress upon them to oppose this draconian bill?
S. 2804: Employ America Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-2804)
We can read between the lines and be as optimistic as we want..but I do not see anything in the text that excludes EADs.
As per pappu's initial email, everyone - H1B, EAD, L1 etc etc (except GC holders and citizens) are impacted by this bill.
What is the guidance to IV members? Start contacting the senators in the senate committee that deliberating on it and impress upon them to oppose this draconian bill?
more...
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gk_2000
08-10 08:41 PM
So according to this interpretation EB1 also will be retrogressed till everybody from previous years gets gc !
Good point. But there should be no holy cows where justice is concerned
Good point. But there should be no holy cows where justice is concerned
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pappu
03-10 03:03 PM
Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.
I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
Please input correct and full details in your tracker profile or leave everything empty
I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
Please input correct and full details in your tracker profile or leave everything empty
more...
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Jaime
09-10 03:41 PM
You always have to justify your existence - Like when you go through U.S. immigration after every trip abroad and the immigration officer grills you like you are a criminal on whether you are still working for your H1-B employer, what you do, etc and just plain old gives you a hard time, when your only sin was to briefly leave the U.S. on a business or pleasure trip.
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ajju
03-19 11:40 AM
Urgh.. Here come the red squares...Why do I even bother posting comments!
Same here...
Same here...
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copsmart
07-12 05:55 PM
:D I don't know what to say. But, keep your Fingers, Toes, Arms and Legs crossed.
Good Luck!!!
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
Good Luck!!!
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
jetflyer
08-10 12:28 PM
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
see table 6 in that link
Thanks VDLRAO.
I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
Does that means there are not many old cases in line ahead of us?
Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)
check for table 6
see table 6 in that link
Thanks VDLRAO.
I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
Does that means there are not many old cases in line ahead of us?
Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)
check for table 6
delax
07-13 10:34 AM
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
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