sats123
06-19 10:38 PM
What is EVL, is it experience letter.
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drak70
04-13 05:19 PM
I think you should write a Complaint letter to State Bar against attorney and second to the USCIS office which laisons with immigration attorneys
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
sanbaj
07-28 03:38 PM
:rolleyes:
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
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vin
09-19 08:12 PM
This is a constant struggle. Didn't you see lage raho munnabhai where munnabhai pitches a tent outside the landlord's house to win his favor.
more...
gc28262
03-11 06:49 PM
Per your logic if someone tries to stop/end bribing in India, you will question them saying-
.................................................. ...............................................
.................................................. .............................................
.................................................. ................................................
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
.................................................. .............................
Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.
Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.
Don't site examples of companies that are not following rules to make a point.
I am sure you were not air-lifted by one of the US companies from India.
If you are an IIT ian, companies may do that. Not otherwise.
If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.
.................................................. ...............................................
.................................................. .............................................
.................................................. ................................................
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
.................................................. .............................
Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.
Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.
Don't site examples of companies that are not following rules to make a point.
I am sure you were not air-lifted by one of the US companies from India.
If you are an IIT ian, companies may do that. Not otherwise.
If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.
msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (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-Family category) and (b-Employment category) of section 203 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�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (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-Family category) and (b-Employment category) of section 203 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�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
more...
jethro11
04-20 09:10 AM
Hi,
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
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Madhuri
02-14 03:57 PM
Hi, our first set of APs are expired and we never renewed since we did not plan to go out of the US. Now we need to apply for new AP, is it possible to apply online or since w eMUSt apply by mail since we don't have a valid AP at present.
Anybody in similar situation? Can somebody PM the cover letter to me?
Thanks,
Madhuri
Anybody in similar situation? Can somebody PM the cover letter to me?
Thanks,
Madhuri
more...
Higcoptimist
04-01 07:31 PM
Hi,
Sent the two faxes.
My thanks to the core group and active members, working tirelessly towards our common goal.
Cheers
Sent the two faxes.
My thanks to the core group and active members, working tirelessly towards our common goal.
Cheers
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Hello_Hello
11-03 09:15 AM
Democrats or republican....doesn't matter. Nothing is going to pass. Read the writings on the walls, understand the ruler's and administration's body language it's all Anti-immigrant. Why do you think there are so many queries on everything, EAD harassment. They are harrassing us for everthing, just for 1 plain reason, they don't want us here. And you guys are talking of CIR ..huh!!!
more...
gcwait_04_2006
11-11 11:06 AM
Original Nebraska SC, Re-directed to TSC.
Received EADs in Aug first week.
Not applied for AP
No service request opened.
Received EADs in Aug first week.
Not applied for AP
No service request opened.
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gsc999
07-27 03:03 PM
Guys, don't take ownership and don't judge what other can do or can't do.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
more...
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jsb
04-20 11:43 AM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
It is very good, brief and to the point. Just a little comment. Expand EB to Employment Based, and "half that time" to "fraction of that time". Also, add a sentence making reference to lost visas due to USCIS inefficiency (which has a greater chance of getting through) to be captured and used.
Must be posted in a very large number to get attention.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
It is very good, brief and to the point. Just a little comment. Expand EB to Employment Based, and "half that time" to "fraction of that time". Also, add a sentence making reference to lost visas due to USCIS inefficiency (which has a greater chance of getting through) to be captured and used.
Must be posted in a very large number to get attention.
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mhb
07-06 06:57 PM
Has the program aired on CST? It starts in minutes in EST. Let me know, if it has not been aired today.
please, go to http://www.wandtv.com/
please, go to http://www.wandtv.com/
more...
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NKR
07-25 11:21 AM
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. US have lots to offer us if we just let go and start enjoying life. Good Luck!!
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
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mirage
02-04 03:16 PM
You can join our group and throw this idea, if 15 other in the group agree to it, it will fly...Atleast guys come forward to do something, what we should do we'll decide...Instead of asking for removing, perhaps asking for making it in ratio of country sizes might be more palatable. Note that Nepal has same numeric quota as China. I don't know how you can influence or initiate such changes, though.
more...
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485Mbe4001
05-15 05:52 PM
officially eb2 or 3 application is based on the qualifications required for the job and not on your education status, there are hundreds with masters who are on eb3
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
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jchan
11-30 04:54 PM
Thanks for the good work. However, I saw a major potential flaw in estimating the applications from ROW. The report finds the life cycle for a ROWer to submit 485 is 1 year, thus assuming little AOS applications will be filed in the coming year from ROW. But this analysis forgot to consider those ROWers who started GC in year 2008. A person who started working in 11/2008 is ready to submit 485 now and uses one quota, even if a person who just started working won't be able to submit AOS till a year from now. With this under consideration, I feel the spillover will be much less than initially estimated.
Please correct me if I missed anything.
Please correct me if I missed anything.
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pappu
03-26 12:47 PM
I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.
Thanks from Michigan
Sanjay or Varsha will get in touch with you.
Thanks from Michigan
Sanjay or Varsha will get in touch with you.
dummgelauft
11-12 09:41 AM
thats a good idea, and at the same time we also need to show our numbers.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
Tony, IV core is not even willing to consider the $12/yr idea, leave alone $5/mth.
Send a message to Pappu and see what he says.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
Tony, IV core is not even willing to consider the $12/yr idea, leave alone $5/mth.
Send a message to Pappu and see what he says.
MLS
06-26 04:43 PM
Any more information on how you contacted your senator (via email / phone call ) will help too.
Thank you very much !!
I had asked my StateSenator to inquire about my case and the senator office got back in 2 weeks saying that the USCIS liaiason informed that all looks good on my case and that cards should be ordered within 30 days. Six days after that i.e. today I got a notice saying cards were ordered.
Thank you very much !!
I had asked my StateSenator to inquire about my case and the senator office got back in 2 weeks saying that the USCIS liaiason informed that all looks good on my case and that cards should be ordered within 30 days. Six days after that i.e. today I got a notice saying cards were ordered.
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