desi485
11-20 09:20 PM
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
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Libra
09-10 07:47 PM
thanks cirigadi, gctoget, rajamanikannan, hemants for your contribution. please attend rally too, we need to show big numbers at rally.
Libra
09-14 12:45 PM
bump
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billu
09-04 08:33 AM
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
great analysis of the GC queue. Those who missed the july 2007 boat (despite working here)or those who started GC 2-3 years after starting a job have themselves to blame. I am one of them. Also, I have several friends who are working on h1b with ridiculous contracts with no sign of GC being filed. They are blissfully ignorant of the GC mess despite my warnings. Each year thousands of students still come from India on F1 and most of them later file h1b and GC. I wish they were made aware of this mess. Most of us have the famous "chalta hai" attitude of india that smirks of no farsightedness or pre-planning due to which we are in this mess, especially folks on EB3.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
great analysis of the GC queue. Those who missed the july 2007 boat (despite working here)or those who started GC 2-3 years after starting a job have themselves to blame. I am one of them. Also, I have several friends who are working on h1b with ridiculous contracts with no sign of GC being filed. They are blissfully ignorant of the GC mess despite my warnings. Each year thousands of students still come from India on F1 and most of them later file h1b and GC. I wish they were made aware of this mess. Most of us have the famous "chalta hai" attitude of india that smirks of no farsightedness or pre-planning due to which we are in this mess, especially folks on EB3.
more...
pappu
08-16 10:11 AM
I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
Thanks a lot for the post. pls PM me your contact email and phone and we will be in touch for help on some cases amongst IV members you can use for your piece.
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
Thanks a lot for the post. pls PM me your contact email and phone and we will be in touch for help on some cases amongst IV members you can use for your piece.
ramus
07-18 09:33 PM
Very well said... I hope at least 50 % of member think like you do.. Then we will have strong IV..
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
more...
inskrish
08-11 11:44 PM
Srikondo man,
I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.
You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.
I hope you will reply this time.
Thanks,
Hello,
I think this is high time for us to control our emotions and live with realities. Often times, the customer service representatives don't have up-to-date information of USCIS's policies, decisions, and announcements, and we should not take their response as granted. For example, If you call a service center 5 times a day and ask a same question, you will get five different answers. In fact, Srikondoji mentioned what he had heard from NSC customer service staff. So, we can't blame either Srikondoji or customer service staff, but only USCIS.:)
Regards,
IK
I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.
You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.
I hope you will reply this time.
Thanks,
Hello,
I think this is high time for us to control our emotions and live with realities. Often times, the customer service representatives don't have up-to-date information of USCIS's policies, decisions, and announcements, and we should not take their response as granted. For example, If you call a service center 5 times a day and ask a same question, you will get five different answers. In fact, Srikondoji mentioned what he had heard from NSC customer service staff. So, we can't blame either Srikondoji or customer service staff, but only USCIS.:)
Regards,
IK
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wanna_immigrate
04-11 08:35 PM
How long it takes to get 140 approved in premium?
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gcgcgcgc
07-22 04:49 AM
Hi Tina,
Thanks for your reply. I am in Eb3. I am willing to relocate but you know that every state has different rules for Physical Therapists. As I have 3 yrs of experience from India, I wonder who can sponsor me.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
Thanks for your reply. I am in Eb3. I am willing to relocate but you know that every state has different rules for Physical Therapists. As I have 3 yrs of experience from India, I wonder who can sponsor me.
A lot of employers are willing to sponsor Schedule A applications, as far as you get your own lawyer & bare the costs, especially if they don't have an immigration department. So you may want to let them know that you have a lawyer who can file as soon as. Some employers already have the employment notice.
You may already know these, but here goes
www.ptjobs.com
www.physical-therapist.com/
rehaboptions.com/phone.html
physicaltherapist.com
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loudobbs
09-10 09:25 AM
meant to say not illegal immigrants....:o:o
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
more...
Chiwere
08-20 04:45 PM
USCIS_COMPLAINT is an inactive email account should be reported to the Ombudsman as well.
As for management,following are responsible for NSC:-
Director: Gerard Heinauer
Deputy Director: Gregory W. Christian
As for management,following are responsible for NSC:-
Director: Gerard Heinauer
Deputy Director: Gregory W. Christian
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villamonte6100
04-02 04:52 PM
No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.
You can do whatever you want to do, and nobody is preventing you. But nobody has the right to call anybody numbskull. That is really inappropriate.
My comments are just comments and you can agree or disagree. But you cant just abuse somebody because you disagree with his opinion.
But you, I guess you came from a very poor background or education. This is a forum for educated people only and I haven't insulted anyone here except you.
You can do whatever you want to do, and nobody is preventing you. But nobody has the right to call anybody numbskull. That is really inappropriate.
My comments are just comments and you can agree or disagree. But you cant just abuse somebody because you disagree with his opinion.
But you, I guess you came from a very poor background or education. This is a forum for educated people only and I haven't insulted anyone here except you.
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Blessing&Lifeisbeautiful
07-29 06:29 PM
hi all,
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
Welcome to our thread and thanks for joining.
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
Welcome to our thread and thanks for joining.
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GCwaitforever
04-30 03:08 PM
Transformation program is randomly processing applications to thier liking and ignoring priority date, FIFO etc ... From this chaos, order generates itself. Kind of testing Chaos theory. :D
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Chandini
09-10 03:23 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
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srgadi
07-15 08:46 PM
Done. $10 for the two of us :)
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hcard
04-30 08:29 AM
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
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leoindiano
07-11 11:39 AM
karan,
thats true, You will not get red marks. Coz, everybody agrees with that. It is just some good news and hope for EB2. Otherwise, people will be left with no option but to move back to their home country's in current markets.
thats true, You will not get red marks. Coz, everybody agrees with that. It is just some good news and hope for EB2. Otherwise, people will be left with no option but to move back to their home country's in current markets.
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natrajs
10-01 05:04 PM
Let us wait for the statement from USCIS
chanduv23
09-12 10:34 AM
For those who are still thinking - just do it - you will be very happy that you did it.
beppenyc
03-08 01:05 PM
Beppen, I joined the conference a little late and heard of Sen. Brownback's amendments for extension of J1 visa rule and no cap for nurses/physical therapists in H1. They will reconvene at 2.00 again and present more amendments if there are any
Hope this helps
Thank you so much, I can not listen it but please update when there is some interesting news. It looks that are determinated to do something. I feel a lot of positive odds.
Hope this helps
Thank you so much, I can not listen it but please update when there is some interesting news. It looks that are determinated to do something. I feel a lot of positive odds.
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