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  • meridiani.planum
    07-19 07:16 PM
    1.Apply for new H1 petition(premium processing) for you before July 31.
    2.On approval send the H1 papers to your wife so that she can get H4.
    3. On her entry to USA apply for her I-485.

    Then you can live happily together in america.

    P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.

    this is a good response, seconding it.

    To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.

    If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.

    Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?





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  • greatguy
    11-13 09:20 AM
    I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:

    At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.

    I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.

    I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.

    I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.

    There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.

    The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.





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  • GCBy3000
    07-27 04:47 PM
    Read the two stories for break.

    THE BEST LAWYER STORY SO FAR

    One afternoon a lawyer was riding in his limousine
    when he saw two men along the roadside eating grass.
    Disturbed, he ordered his driver to stop and he got
    out to investigate.

    He asked one man, "Why are you eating grass?"

    "We don't have any money for food," the poor man
    replied. "We have to eat grass."

    "Well, then, you can come with me to my house and I'll
    feed you," the lawyer said.

    "But sir, I have a wife and two children with me. They
    are over there, under that tree."

    "Bring them along," the lawyer replied. Turning to the
    other poor man he stated,

    "You come with us, too."

    The second man, in a pitiful voice, then said, "But
    sir, I also have a wife and SIX children with me!"

    "Bring them all, as well," the lawyer answered.

    They all entered the car, which was no easy task, even
    for a car as large as the limousine was.

    Once underway, one of the poor fellows turned to the
    lawyer and said, "Sir, you are too kind. Thank you for
    taking all of us with you."

    The lawyer replied, "Glad to do it. You'll really love
    my place. The grass is almost a foot high


    STORY 2:

    Mom comes to visit her son Kumar for dinner.....who lives with a girl
    roommate Sunita. During the course of the meal, his mother couldn't
    help but notice how pretty Kumar's roommate was. She had long been
    suspicious of a relationship between the two, and this had only made her more
    curious.

    Over the course of the evening, while watching the two interact, she
    started to wonder if there was more between Kumar and his roommate than
    met the eye.

    Reading his mom's thoughts, Kumar volunteered, "I know what you must be
    thinking, but I assure you, Sunita and I are just roommates." About a
    week later, Sunita came to Kumar saying, "Ever since your mother came to
    dinner, I've been unable to find the silver plate. You don't suppose
    she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."


    So he sat down and wrote :

    Dear Mother:

    I'm not saying that you 'did' take the silver plate from my house, I'm
    not saying that you 'did not' take the silver plate.. But the fact remains
    that it has been missing ever since you were here for dinner.

    Love, Kumar


    Several days later, Kumar received an email from his Mother which read



    Dear Son:

    I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
    you 'do not' sleep with Sunita. But the fact remains that if she was
    sleeping in her OWN bed, she would have found the silver plate by now
    under the pillow...

    Love,
    Mom.



    Lesson of the day:
    Don't Lie to Your Mother...........especially if she is Indian !





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  • frankiesaysrelax
    01-14 09:24 PM
    Mailed handwritten letter to prez. Certified with delivery confirmation :D

    Will be mailing a copy to IV tomm (under prepared at the post office :o)



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  • sanju
    10-22 04:56 PM
    Hey 12 year old Sissy, by any chance is Chris Hansen with you today? I am scared talking with you because I don’t want to talk to 12 year old sissy who has been told not to talk to strangers. Remember what I am talking about :rolleyes:

    Anyways, your "assumption" that majority of people are against reputation system is not correct. We see these threads occasionally but it seems almost everyone give reputations. If you are against a system and you have a choice not to participate in the system, would you still participate even if you hate it and can chose not to participate? The participation of almost everyone is a testimony to the fact that majority opinion is not against reputation system.

    As far as -ve personal messages are concerned, you have the choice not to look at it. Why not exercise that "choice" and not put the burden on someone else for leaving you an obnoxious message. Its like you are searching for bad information about yourself and as soon as you find something, you start complaining about it. Good that people cannot look into the mind of everyone else otherwise you will ask some mechanism to erase those "wrong" thoughts from their brain. I mean is there an end to this thing?

    Have you heard of the word - Hypocrisy. Well, that’s that I am calling here. Why do you keep looking at your reputation and -ve messages if you don't care about it? And if you don't care about your reputation then why you continue to look at it every minute, and complain about it. Either you care or you don’t. It can’t be bother at the same time. And I am choosing to express my opinion for this senseless behavior as it irritates me. I hope you agree that I can make that "choice" to express, I mean you may want to check with Chris Hansen before saying "yes".


    Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).

    Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.

    At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).





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  • nirenjoshi
    07-02 03:20 PM
    Medical Exams for self and spouse - $930
    Passport photos - $60
    Lawyer fees -paid by employer - dont know how much.



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  • mchundi
    12-13 03:19 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

    In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
    Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
    USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
    --MC





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  • harsh
    04-03 09:20 AM
    Done and Dusted!!!!!!!!!!!!!!!!!!!!!!!!!!!



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  • walking_dude
    10-11 04:51 PM
    I don't know why some people have issues with everything?!

    If all those demands, that you blame, are passed - PD will move by at least a couple of years. Many, if not all, will be able to apply and get GCs faster too (as GCs are given by PD). That will definitely help the oldtimers.

    I support your cause. It should be possible to apply 485 even if dates are not current. However, it's never achieved by creating acrimony in the EB Immigrant community - H1 vs EAD, H1 vs F1, Oldtimer vs NewComer etc.


    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.





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  • greencard_fever
    08-05 10:52 PM
    I think signature is not getting displayed here.

    PD:- December 28 2004 EB2-I
    140:- Approved on 01/31/2008
    I1485:- Pending at NSC
    I485 RD:- 07/23/2008
    Last LUD on 485:- 08/04/2008
    FP:- Done



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  • ramus
    06-26 09:03 PM
    Yes lets corporate... Let me file first and then you can file it next... Do you think this will work? I really don't understand why everybody is coming with new thred and new idea about filing...Why can't we spend little time on what core member asks us to do.

    Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.








    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??





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  • kopra
    04-09 03:19 PM
    I Still Believe in USCIS for the GC and the H1B Processing for giving me a fair chance to particpate, eventhough its a Lottery ( more or less like that for GC Processing also, although its not an "official" thing), because if GC was processed from India, i know that half of the people will come with an MP's, and MLA's recommentation, another group will come with distant relatives in USCIS( to approve their cases faster) and another group would bribe the officials to get it. Poor people like me who dosent have any of these will wait for a GC or H1B forever. Its only because in US when we stand in a Queue or line, we see the FIFO, we expect the same from USCIS also



    Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem



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  • bikram_das_in
    07-13 01:58 PM
    Congrats for you phenomenal journey. Appreciate your contribution and continued effort for IV. Thank you.





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  • abhijitp
    09-21 03:40 PM
    What has this rally given us?

    Well, I can tell you that whoever flew in/ drove in/ walked 4 miles between noon and 2:30pm is convinced of the need for an organized and peaceful battle against the unfair and broken green card process. The 1000 souls that showed up on that day, besides those who pitched in any way to help them, will find sending webfaxes and meeting their lawmakers (locally) to be a piece of cake. Once that happens, things can only get better for us as a community!



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  • virald
    11-06 04:26 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days


    This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.





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  • InTheMoment
    12-03 04:28 PM
    ...and may I know what is bad in this ?!

    I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.

    We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.

    I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet



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  • aadimanav
    08-22 02:06 PM
    No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.

    For folks wondering how I came to the 816 visa number

    Total GC available = 140000
    7% country limit = 9800
    split for EB3 = 3266
    spread for each qtr = 816

    Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.

    and 816 are not primary applicants.... there are spouse and kid(s)...





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  • drirshad
    06-19 02:14 PM
    Go for it, the employer must be getting half of it

    Suckers will die a painful death, go for it no other choice

    I paid almost 12k by now, out of pocket .....





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  • chanduv23
    10-10 12:25 PM
    Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.

    Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.





    anilsal
    12-13 12:50 AM
    It is just a vicious circle of wait-n-watch gymnastics.





    go_guy123
    05-15 12:47 AM
    How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...

    Democratic party has become a party for illegal amnesty



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