globaldesi
07-06 11:55 AM
I fully support the initiative.
What more needs to be done to get the ball rolling?
What more needs to be done to get the ball rolling?
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goosetavo
11-25 09:59 PM
Much thanks for digesting all of this data and making sense of it all. I had no idea the quarterly spillover issue was making things worse in many cases.
Did you guys get a chance to look at data for Mexico by any chance? Since there is only a backlog for EB3 can one assume that things will improve in the next 2 years or will legislative relief be required for Mexico as well?
Again, outstanding job and thanks for helping us understand. How can I help you convince CIS tom make your recommendations happen?
Did you guys get a chance to look at data for Mexico by any chance? Since there is only a backlog for EB3 can one assume that things will improve in the next 2 years or will legislative relief be required for Mexico as well?
Again, outstanding job and thanks for helping us understand. How can I help you convince CIS tom make your recommendations happen?
njboy
12-12 12:51 PM
im waiting for the groans and moans
2011 dota allstars wallpaper. dota
pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
more...
saimrathi
07-06 06:20 PM
Nothing yet.. Hope its on tomm.. please post correct info..
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
InTheMoment
07-31 08:50 PM
:) :) :p
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
Wait for PD to be current
Wait for RD
Wait for ND
Wait for EAD
Wait for AP
Wait for AC-21
Wait for FP
Wait for GC
Wait
Wait
Wait
Wait
And again wait.
more...
veni001
09-07 10:13 AM
I have 14 years of education in india and 20 years of experience in IT - if my job requirement says bachelors equivalent + 10 years experience will it qualify me and job as EB2 ?
AS long as the requirements are standard across the board(industry) other wise DOL will request to prove the business necessity through audit. :o
AS long as the requirements are standard across the board(industry) other wise DOL will request to prove the business necessity through audit. :o
2010 dota allstars wallpaper.
superdude
10-11 06:19 PM
Read the message clearly before posting. He already mentioned that she could not win the H1B lottery.
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
more...
GCneeded
06-01 02:32 PM
Voted YES
hair #7 Netherdrake wallpaper
ronhira
07-21 10:42 PM
I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
don't exist any more.:D
doggystyle,
here is a tip for next time, never threaten and intimidate other people and think that just because they r immigrants they r weak. law protects us all equally, and anytime u threaten, when i am around, just make sure it will have a negative affect....
if u want to talk i'll wait for your post, if u want to talk on the phone, i'll give u my number.... let me take out that element of fear from immigrants..... everyone is not intimidated by your posts.... i hope u get the message....
don't exist any more.:D
doggystyle,
here is a tip for next time, never threaten and intimidate other people and think that just because they r immigrants they r weak. law protects us all equally, and anytime u threaten, when i am around, just make sure it will have a negative affect....
if u want to talk i'll wait for your post, if u want to talk on the phone, i'll give u my number.... let me take out that element of fear from immigrants..... everyone is not intimidated by your posts.... i hope u get the message....
more...
girishvar
07-19 07:13 PM
Your wife might not get visitor visa approved because of dual intent. H4 and
L2's are allowed to have dual intent
Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?
Unless there are some other advantages of H4 which I am missing?
L2's are allowed to have dual intent
Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?
Unless there are some other advantages of H4 which I am missing?
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Hopeful1
06-18 06:20 PM
Thanks Snathan for bringing up this issue.
I personally suffered due to this visa stamping. I was stuck in Delhi for four months due to administrative processing, almost lost my job, lost apartment, lost lot of money and now I am scared to go back for stamping again. My wife and I had to miss my father in law's funeral due to this fear.
I know few other folks who have been in similar situation and I can contact them to share stories.
I am willing to contribute both time and money for this initiative.
I personally suffered due to this visa stamping. I was stuck in Delhi for four months due to administrative processing, almost lost my job, lost apartment, lost lot of money and now I am scared to go back for stamping again. My wife and I had to miss my father in law's funeral due to this fear.
I know few other folks who have been in similar situation and I can contact them to share stories.
I am willing to contribute both time and money for this initiative.
more...
house #4 Zeus Vs Khan Wallpaper
Michael chertoff
10-27 10:26 AM
We also need people like You MC, to solve issues. are you not concerned about India? Please also let me know, How are you going to organise things as a great leader.
Mr.MC, no you are wrong.! at present only Jonia ganty and raul can solve this problem because they snatched the power by fooling India with EVM.
Whatever you say man. i am with you. your are a genius.
MC
Mr.MC, no you are wrong.! at present only Jonia ganty and raul can solve this problem because they snatched the power by fooling India with EVM.
Whatever you say man. i am with you. your are a genius.
MC
tattoo Dota Heroes
gsc999
08-15 02:13 PM
Guys, please take attorney advise before rushing in to refile. Duplicate applications may create problems for you later on.
Imagine, given the huge retrogression how many countless times we will be refiling our EADs ad APs if we don't act now.
Many people are blissfully enjoying the fruits of labor of some very dedicated IV member who selflessly participated in San Jose rally and flower campaign. These efforts were instrumental in the July visa bulletin reversal. Isn't it time we all stood up for our rights and make a strategic impact through a legislative change rather then just be satisfied with a tactical July visa bulletin reversal win?
I can't talk enough about how vital it is for you to act now. Presidential race will kick in after October/ November time frame. Our window of opportunity is short. Lets help ourselves!
Imagine, given the huge retrogression how many countless times we will be refiling our EADs ad APs if we don't act now.
Many people are blissfully enjoying the fruits of labor of some very dedicated IV member who selflessly participated in San Jose rally and flower campaign. These efforts were instrumental in the July visa bulletin reversal. Isn't it time we all stood up for our rights and make a strategic impact through a legislative change rather then just be satisfied with a tactical July visa bulletin reversal win?
I can't talk enough about how vital it is for you to act now. Presidential race will kick in after October/ November time frame. Our window of opportunity is short. Lets help ourselves!
more...
pictures all aka Dota Allstars has
chi_shark
05-18 04:31 PM
nobody is comparing the schools over here with IIT/IISC.
There is a quota for masters in H1B.
There should be a similar quota in GC for masters.
what logic? did you vote for a senator that supports such a bill or are you planning to present it in the senate/house?
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
There is a quota for masters in H1B.
There should be a similar quota in GC for masters.
what logic? did you vote for a senator that supports such a bill or are you planning to present it in the senate/house?
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dresses 24802 Dota Allstars by kunkka
darslee
07-06 04:59 PM
Who understands the word Gandhigiri. Stop stuff like this :mad:
I am not even Indian and I understand it!
I am not even Indian and I understand it!
more...
makeup DotA Allstars is by far the
nissan_1
05-09 09:56 AM
I was also in the same boat in 2005 from New Delhi Embassy..
I had 2 earlier H1B visa stamp from Delhi and this was the third time and this time I got 221 (g) for additional processing...My one month vacation tunrs to three months and I can not tell that was a vacation...it was HELL...I called US embassy so many times...but no one picked up....so many emails..no response...finally after three months got a call that they got my clearnce..nexy day went to embassy and got stamped without a question. I did not get paid for that time period but I had to pay my rents and utility bills from India...
Now my visa has expired and I missed the July boat...so I do not have AP..And I have to go to India for brothers marriage...I am pretty sure this time also I will have to go through this and I heard the name check wait time is 6 months now...I will definitely loose job...so I am in a situation of loosing my job or missing my brothers marriage...And my family memebers do not understand a thing about VISA problems :((. I have emailed New delhi embassy about my situation and asked them do my backgroud check in advance so that I can just go there and do the stamping..but they never replied....It's really frustrating to go through this when you never broke a single law in India and US..(I do not even download anything from web..man...)...
I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.
I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?
I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.
I had 2 earlier H1B visa stamp from Delhi and this was the third time and this time I got 221 (g) for additional processing...My one month vacation tunrs to three months and I can not tell that was a vacation...it was HELL...I called US embassy so many times...but no one picked up....so many emails..no response...finally after three months got a call that they got my clearnce..nexy day went to embassy and got stamped without a question. I did not get paid for that time period but I had to pay my rents and utility bills from India...
Now my visa has expired and I missed the July boat...so I do not have AP..And I have to go to India for brothers marriage...I am pretty sure this time also I will have to go through this and I heard the name check wait time is 6 months now...I will definitely loose job...so I am in a situation of loosing my job or missing my brothers marriage...And my family memebers do not understand a thing about VISA problems :((. I have emailed New delhi embassy about my situation and asked them do my backgroud check in advance so that I can just go there and do the stamping..but they never replied....It's really frustrating to go through this when you never broke a single law in India and US..(I do not even download anything from web..man...)...
I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.
I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?
I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.
girlfriend DOTA ALLSTARS
saimrathi
07-10 08:35 AM
"Maybe" CNN is being directed by some political pressure from the Govt? This is my opinion.. :eek:
hairstyles shaman from dota allstars
mwin
05-13 04:48 PM
If you get re-married before GC, then your wife is eligible under employment quota with your PD. It does not matter if she is in India or USA. The critical thing here is your marriage date should be before your actual GC receive date.
This is generally for people who get married for the first time, in your case I am not sure. search some old Murthy forums fro more info.
I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
Since I have valid H1 can I do something,
This is generally for people who get married for the first time, in your case I am not sure. search some old Murthy forums fro more info.
I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
Since I have valid H1 can I do something,
CADude
07-27 05:25 PM
Good one!!
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 !
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 !
gc007
01-07 10:25 PM
Oh No ! Thats too bad. I was really hoping that it was possible to use the old H1B. And can be used anytime to change the status.
I am hoping someone wud come up and say Yes its possible.....
keep me posted if find anywhere about the same.
Thanks !
I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.
I am hoping someone wud come up and say Yes its possible.....
keep me posted if find anywhere about the same.
Thanks !
I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.
