Tuesday, June 28, 2011

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  • GCBy3000
    09-20 04:42 PM
    Yes, we need more visibility for this thread. Why dont we put this thread on IV home page and in other websites where we(members) have influence.


    We have 5000+ members and only less than 60 have signed up for the pledge. The irony is you dont even have to contribute the amount now until 1000 people pledges. Why people are so hesitant to sign up for this. Are they afraid that they have to contribute if 1000 people regsiters? This is ridiculous when people are expecting some releif. I dont want to call ... SELFISH ... May be I should find some other worst word.

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  • ntpatil
    05-12 06:32 PM
    ogacihc, how about when leaving the country and going to India. Do you think it is safe to go when we do not have ATV from here. I am worried since only my wife and kids are traveling.

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  • atlgc
    05-21 12:38 AM
    ours took 1 month 20 days
    AP recieved date 04/01 and approval date 05/20

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  • gc28262
    03-01 12:07 AM
    In 2005; uscis california denied 38 in a row i-140's for the same issue that I wrote here.

    Consulting and staffing are two different things. As I stated before there is a legally precedent decision that staffing companies can file 14's if they have a permanent job. This is the main reason why uscis doesn't pick on this issue much. However; if you give them too much evidence that the job is temporary then it can be a problem.

    What is the difference between a staffing company and consulting company from a USCIS perspective ?


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  • mrane1
    09-25 09:17 PM
    back in 90's there is no much demand like this and demand in most cases is also reduced by outsourcing from 96 till now there are huge amount of projects that are outsourced. What to say on this ? I agree ur point but this bill is not acceptable in its entirity.

    I agree the demand has gone up and there needs to be more H1s... but the reason for the chaos with H1 and EBs is caused due to these consulting companies.. I agree this bill is not acceptable in its entirety, but I am hapy they r looking at the root cause of the problem!

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  • hebron
    07-04 12:25 AM
    Could you please let me know what documents needs to be attached with the TD F 90-22.1 form?


    I am confused now about the LIC cash surrender value and the requirement to file FBAR. I read the FAQ and the FBAR instructions but it doesn't say anything about the cash surrender value amount. It doesn't say that if cash surrender value is greater or lesser than $10000 FBAR needs to be filed. Does this mean that FBAR should be filed no matter what the cash surrender value amount is?

    Here is excerpt from IRS FAQ ...
    A �financial account� is defined by the IRS to include �any bank, securities, securities derivatives or other financial instruments accounts. The term includes any savings, demand, checking, deposit, or any other account maintained with a financial institution or other person engaged in the business of a financial institution. Individual bonds, notes, or stock certificates held by the filer are not a financial account nor is an unsecured loan to a foreign trade or business that is not a financial institution.� (From Instructions to Form 90-22.1). The IRS takes the position that both foreign mutual funds and life insurance policies (or possibly annuities) with cash surrender value are included within the meaning of the term �financial account.�


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  • GT7481
    11-24 10:39 AM
    Count me In guys

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  • Sunx_2004
    12-11 02:06 PM
    You are right, I don't have access to merger documents. I have been told by my old company that Only change needed in my case is to inform USCIS of employer change after 180 days of filing 485 via AC21.

    ALso, New company is applying I 140 for those whose 140 was pending at the time of merger.

    FYI..My old company applied for my H1 extension 15 days before merger and it got approved on November 30th. I was expecting an RFE since old company do not exist.

    What else can be done to make sure everything is right after merger.

    there is a memo; i think from 2001 which discusses successor in interest for h-1b and greencard cases.

    uscis position is different for h-1b and greencard. For h-1b; new company only needs to show that it is taking on "immigration liabilities" and thus it won't be considered a change of employer.

    for greencard cases; "substantially all assets and liabilities" have to be acquired by the successor entity. This is a little difficult in most merger cases because the new entity doesn't want to bring any hidden liabilities into the new company and the agreements generally do not accomodate to take on all liabilities.

    USCIS position is that if 485 isn't pending for more then 180 days then petitioner should amend the 140 even if it is approved to include the new entity information. Do people do this; not really; only big companies generally do this because they will have other people filing 140's with new company but using old company labor and it will allow uscis insight that a merger happened and they may go into the old companies 140's on their own.

    I doubt you would have access to the merger documents for you to make an intelligent decision in which way to proceed.


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  • shiankuraaf
    07-20 06:21 PM

    When you get a chance, please change my stauts to Donar. Thanks

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  • alterego
    09-08 06:46 PM
    Some members are making comments that are idealistic and demonstrate a clear lack of awareness of how the political system in the USA has evolved to be. The fact is corporate lobbyists and money DO affect the legislative agenda.........otherwise Kay street would not need to be there. The last I saw the firms there were thriving.The only people that can do something about this are ordinary americans but at this time they do not seem to be particularly interested or able to do something about it. Given that our strategy has to be based on the ground rules.

    Here are some facts.

    1) Healthcare and the IT majors have a massive political lobbying machinery. IV is not even a crum compared to their power in this regard. No offence meant to IV core members who are doing a herculean job given everything but I am sure many of them realise what I am saying.

    2) These industries think big ie at a overall job marketplace level and see the need for NEW workers in their workforces for whatever reasons. The operative word is NEW. We are not NEW. H1b is NEW. As far as they are concerned we are here and will eventually get our papers.

    3) Lawmakers can, do and probably will listen to these people eventually if not now then in the lame duck session. As such I will make the bold prediction that more H1b numbers WILL be allowed before Oct 2007, barring an unforeseen downturn in the economy.

    4) Now given all this our best shot at getting to our goals should be to use the machinery that exists to meet our objectives. So while I do not give 2 cahoots about what is done about the H1b cap. I have yet to see legislation passed that provides more visa numbers without addressing the H1b issue. To believe we will see this for the first time is truly being naive and idealistic.
    Just think about it, even the 50K visas for nurses/PTs had a provision for 20K H1bs for US maters degree holders. Those of you trying to uncouple these issues are smoking something. It will be all or nothing.

    5) The overall economy and job market determines more than anyone here realises on these policy decisions. Where were all these organisations, opposition and congressmen in 2000 when AC21 was debated. Fact is noone cared. The economy was humming, jobs were plentiful and salaries were rising. As such a fact out of our control but which greatly influences our fate is the overall economy and the monthly job report, and unemployment rate.

    Please try to keep these points in mind when posting about X or Y or Z should exclude H1b visas because it will worsen our situation. That would truly be looking no further than your nose.


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  • saurav_4096
    07-20 04:03 PM
    Do we need to send copy or the original I-140 notice with I-485 Package.


    Any responses please...

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  • oomshiva
    01-23 06:20 PM
    hi all

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  • mrdelhiite
    06-19 02:52 PM
    it was planned for teh late this year,,, maybe a court marrige now and the full one later ... that is the idea

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  • kishore0302
    08-01 04:25 PM
    my friend and his wife got approval today.. June 2004 EB2 PD


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  • SkilledWorker4GC
    07-16 10:05 AM
    I think we have brainstormed enough for few days. So do we have any conclusion? Any ideas? Can we sum up our conslusions?

    A lot of us in EB3 are not due to less education or skillset. I am not going the route of blaming anyone. But just to answer point 2 in your response. I had 7 years of exp when my GC was filed. But 3 out of those 7 years were with the same company as contractor and hence had to go EB3 route. Again, just an example that I really do not need to study more or increase skillset etc to jump to EB2. And I totally take the load on myself for sticking with EB3. But I will not let just this be the reason for jumping jobs in this market. That is why I wanted to talk about helping EB3 category as a whole. I am not talking about what each individual has to do to get out of EB3.

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  • gcvision2010
    08-29 09:47 PM
    My contribution details:
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  • Pineapple
    12-13 10:11 AM
    nycgal369, I agree there are some merits to your point that Matloff's reform proposal would bring in some immediate benefits to some H1Bs. (Assuming as qplearn pointed out, the visa numbers are somehow made available)

    That said, there are some worrisome points in his proposal, which is why the proposal will never get the backing of the business community:

    (1) The 15 % limit. Why 15? Why not 10? Why not 25? The 15 % seems a totally arbitrary figure and does not take into account the overall size of the firm and the nature of its business. There are plenty of honest, non-exploitative firms working in specialized areas, with say 20-25 employees and 5 H1s. Matloff's proposal will enforce artificial ceilings dictated not by skill availability but by an completely arbitrary figure. (I know the 15 % is the figure currently used to identify an H1B dependent employer, but it does not have any restrictions associated with it)

    (2) The Commission on Technical Guest Workers and the ability to file a discrimination complaint by any Tom-Dick-Harry who was pissed off at not being hired is an obvious trojan horse whose sole purpose seems to be to introduce as much bureaucracy and government interference in the hiring process as possible. Will any business entity or lobby support this? Not in this lifetime.

    (3) On page 2, section 3, Matloff rails against the current system of prevailing wage determination and advertising open positions. Yet, in his proposals, he mentions a 30 day hiring window with DOL advertisements. No specification about the hiring and screening process is put forth. hmmmm ... curious.. I believe this is another trojan horse, an anchor point on which highly restrictive and impractical screening processes can be attached later during the legislative process.

    Considering this, it is impossible any business lobby will support Matloff's proposal. As such we at IV are dependent on the business lobby to introduce bills since we on our own do not have the clout or money.

    By going gung-ho for Matloff, we risk losing the business lobby in exchange for uncertain gains.

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  • bigboy007
    07-26 01:34 PM
    You folks are so jumpy. Who cares what that lady says?

    It is obvious that she is wrong when she says they will assign visa numbers in August to some July cases and reject the rest.

    And the guy who started this - please use proper case. Your upper case posts are a pain to read.
    i said sorry for Upper case guys. its not only one lady its more than 8 people who called to diff officers got same response.

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  • Administrator2
    07-20 04:15 PM
    Apologies newuser, took care of that now. Please check now. Thanks for your patience!

    I still don't have access to donor forum.

    My access was also revoked. Could admin look into it. I am a recurring contributor.

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    09-26 10:44 AM
    Based on FOIA
    Your position is 7020 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Jun-06" and Category "EB3" .
    Your Expected Date of Adjudication is Mar, 2012.

    Based on USCIS data

    Your position is 51347 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Jun-06" and Category "EB3" .
    Your Expected Date of Adjudication is Jan, 2028.

    Not only EB3 but later PD EB2's too need to wake up....

    09-14 12:03 PM
    I am not sure whether somebody had already suggested this, I did not go thorough the whole post. How about flyers in other languages like Chinese, Spanish, etc.

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