InTheMoment
09-27 10:35 AM
good point about the H1 quota exempt option. Though remember there is no blanket exemption for doctors...their H1 is cap exempt only if they work for a non-profit institution/university. So it all depends on the employer.
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
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24fps
02-27 05:52 PM
Kid? Pot calling the kettle black?
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
alex77
06-18 07:47 PM
Here you go...
http://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htmhttp://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htm
Here is some thing i got through googling, though a poor choice but worth to post (http://www.happyschoolsblog.com/h1b-visa-stamping-us-consulates-delayed/).
As i remember , i read a north indian chap 15 years of experience and has phd, stuck in chennai or mumbai on security check, trying to find the article.
http://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htmhttp://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htm
Here is some thing i got through googling, though a poor choice but worth to post (http://www.happyschoolsblog.com/h1b-visa-stamping-us-consulates-delayed/).
As i remember , i read a north indian chap 15 years of experience and has phd, stuck in chennai or mumbai on security check, trying to find the article.
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aroranuj
04-16 12:28 PM
Can anyone please give any advise/ideas on how to deal with this?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
more...
seratbabu
02-18 11:50 PM
[QUOTE=
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
[/QUOTE]
My 485 had LUDs on 02/10, 02/13, 02/17 and 02/18. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent
Does it come to me or to my attorney?
Thanks..
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
[/QUOTE]
My 485 had LUDs on 02/10, 02/13, 02/17 and 02/18. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent
Does it come to me or to my attorney?
Thanks..
tonyHK12
10-28 09:34 AM
Yes... benchmarking is good (in many things as you suggest quality, corruption, infrastructure etc.)... but absolutely not in everything as you suggest, some things just aren't comparable given some micro-economic conditions. Further, doing so would also encourage the mindset of aping the developed countries in every department. Remember the India that we see has gone through hundreds of social and economic cycles over thousands of years. It is not a nation that came to being a few hundred years ago and was a developed country (in current terms) many times in the past.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing.
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. .
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing.
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. .
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
more...
GotGC??
06-26 09:10 PM
Hey guys, this is not such a bad idea...basically it's all about give & take - you give and I take :)
Man, are you serious in asking people not file in time when the topic of the day has been the possible retrogression mid-month in July? And that too on a forum where there are more posts about how to save $3.99 on passport photos than on core team pleas about calling the senators??
Ha..
Man, are you serious in asking people not file in time when the topic of the day has been the possible retrogression mid-month in July? And that too on a forum where there are more posts about how to save $3.99 on passport photos than on core team pleas about calling the senators??
Ha..
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chanduv23
11-01 06:45 AM
Thanks for the info,
how to contact Ombudsman
Google DHS USCIS ombudsman and you will find a link to form 7001
how to contact Ombudsman
Google DHS USCIS ombudsman and you will find a link to form 7001
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anadimisra
11-17 07:12 AM
Thanks for applying and for the quick reply. Your skill set and experienced matched what we are looking for, and you passed the prescreening with perfect scores, except we can not hire anybody that requires sponsorship at this time. If you applied with a mistake on that prescreening question, please change the answer on the prescreening questions. Thank you and good luck!
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ksircar
07-28 01:04 PM
I was trying to fill up AP e-filing form. As I do not have a Middle Name, I didn't eneter anything in the Middle Initial field. It does not allow me to submit the form and shows the following error:
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
more...
miguy
06-19 03:36 PM
when did you file your 485?
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masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
more...
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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 ????
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w3313
04-24 11:54 AM
Here are the some of the issues
1)Some credit unions will not open an account for your if you are not a citizen/green card holder
2)Same problem with Home loans some banks will not extend loans (I have personally faced these two issues)
3) With the realid act some stats are not giving driving license to non-immigrants that may have fixed but you still need to extend every year even if the state gives a license
4)You cannot get an homestead exemption(tax credit) if you buy a house
5)The latest tax stimulus package will not give tax credit to ITIN holders and with out immigrant status (or EAD) you cannot get an SSN.
As you all know we pay the taxes all kinds of taxes , help economy with our purchase power I can go on with the kind of positive things we bring to this country but for some reason we don't have any rights. I completely agree with the OP the crying baby gets the milk or cranky wheel gets the oil first. Every one if you don't fight for it we are not going get any thing. Remember the congress has write a letter to USCIS saying that the fee for N400 is increased but the service is not any better , why can't the same logic applied to green card applicants the fee is increased but we don't get any congress support isn't that something. Any way's that's my 2 cents....
Good luck to every one...
1)Some credit unions will not open an account for your if you are not a citizen/green card holder
2)Same problem with Home loans some banks will not extend loans (I have personally faced these two issues)
3) With the realid act some stats are not giving driving license to non-immigrants that may have fixed but you still need to extend every year even if the state gives a license
4)You cannot get an homestead exemption(tax credit) if you buy a house
5)The latest tax stimulus package will not give tax credit to ITIN holders and with out immigrant status (or EAD) you cannot get an SSN.
As you all know we pay the taxes all kinds of taxes , help economy with our purchase power I can go on with the kind of positive things we bring to this country but for some reason we don't have any rights. I completely agree with the OP the crying baby gets the milk or cranky wheel gets the oil first. Every one if you don't fight for it we are not going get any thing. Remember the congress has write a letter to USCIS saying that the fee for N400 is increased but the service is not any better , why can't the same logic applied to green card applicants the fee is increased but we don't get any congress support isn't that something. Any way's that's my 2 cents....
Good luck to every one...
more...
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pd_recapturing
08-11 06:00 PM
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
Chandu, did you ask your employer if they are willing to show all the technologies mentioned in your labor. My labor has some technologies that I no longer work and my new job (that I am thinking to take up on AC21) has none of them. I am confused ? How about job duties ? In my labor , the job duties are very generic, I doubt my new evl will have same job dutes but eventually, both are S/W development. I am not sure how much it impacts ?
Chandu, did you ask your employer if they are willing to show all the technologies mentioned in your labor. My labor has some technologies that I no longer work and my new job (that I am thinking to take up on AC21) has none of them. I am confused ? How about job duties ? In my labor , the job duties are very generic, I doubt my new evl will have same job dutes but eventually, both are S/W development. I am not sure how much it impacts ?
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rajuram
01-03 12:17 PM
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
more...
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desi485
01-04 03:46 PM
Poor Guy
;) what do you expect if one has to keep two wives happy? :D
;) what do you expect if one has to keep two wives happy? :D
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gcformeornot
02-10 06:28 PM
mails at around 5.45PM today. I don't think it means much. Just soft LUD, I think.
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another one
07-10 10:10 AM
You can sue this guy successfully there is no doubt, but you should have guts to do.
Most people just have guts to rant here. They won't take flowers to USCIS office or even put some feedback comments on CNN website. Sad but true.
Most people just have guts to rant here. They won't take flowers to USCIS office or even put some feedback comments on CNN website. Sad but true.
champu
02-21 07:58 AM
Never heard of such checks...
Is this the norm now.
Is this the norm now.
perm2gc
12-20 06:21 PM
Does USCIS provide any clear documentation regarding the Visa Allocations?
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