sbabunle
02-07 11:42 PM
Its a very tough business to calculate the dates or numbers...
First of all nobody gives an actuall count of cases accurately...
Nobody know how many cases pending with USCIS...Nobody knows
how much would be PD based distribution...Nobody knows how many
people got LC but who cant apply for I485 because of retrogression..
We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
First of all nobody gives an actuall count of cases accurately...
Nobody know how many cases pending with USCIS...Nobody knows
how much would be PD based distribution...Nobody knows how many
people got LC but who cant apply for I485 because of retrogression..
We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
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MeraNaamJoker
08-25 09:59 AM
With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):
LIST of DO's :
[This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]
Cheers,
Stuck(no more)InTheMuck
Thanks for the detailed information.
I have a unique situation here. My original GC sponsor (a multi billion dollar industry leader) laid me off after 6 months of I485 due to lack of position in the company.
I ported my GC using AC 21 and joined another small consulting company. Now my GC is approved and I have an offer in hand from another company.
Will it be a good idea to move or do I have to wait for 6 months or 1 year before I make an employment switch.
My most important consideration is that there is chance of potential loss of job (may god forbid) with the current position. I may be able to save myself by switiching job right now. And of course there is more money on the table.
LIST of DO's :
[This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]
Cheers,
Stuck(no more)InTheMuck
Thanks for the detailed information.
I have a unique situation here. My original GC sponsor (a multi billion dollar industry leader) laid me off after 6 months of I485 due to lack of position in the company.
I ported my GC using AC 21 and joined another small consulting company. Now my GC is approved and I have an offer in hand from another company.
Will it be a good idea to move or do I have to wait for 6 months or 1 year before I make an employment switch.
My most important consideration is that there is chance of potential loss of job (may god forbid) with the current position. I may be able to save myself by switiching job right now. And of course there is more money on the table.
blue_line
07-15 05:41 PM
in the past lou also made comments that h-1 bs don't pay taxes... which we know is far from truth.
you should inlcude this in the petition
you should inlcude this in the petition
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onemorecame
04-02 11:37 AM
Bump
more...
chanduv23
03-20 02:24 PM
Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.
They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".
While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.
They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".
While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.
prioritydate
10-04 02:24 PM
EB2 india/china... see this..
http://immigrationvoice.org/forum/showthread.php?t=21828
and then see this
http://immigrationvoice.org/forum/showthread.php?t=21833
ab bajao ghanti... aur chup chap baithe raho
(translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!
We need to let uscis know and audit all current and past approved cases from these consultants)
FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.
Are you sadist or something? Why you are wishing to audit approved cases?
http://immigrationvoice.org/forum/showthread.php?t=21828
and then see this
http://immigrationvoice.org/forum/showthread.php?t=21833
ab bajao ghanti... aur chup chap baithe raho
(translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!
We need to let uscis know and audit all current and past approved cases from these consultants)
FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.
Are you sadist or something? Why you are wishing to audit approved cases?
more...
Dipika
09-17 12:27 PM
Congratulations sku! enjoy your freedom!
can you guide me how to find congressman of my state (NJ) and how should i write to senator and congressman?
can you guide me how to find congressman of my state (NJ) and how should i write to senator and congressman?
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gcformeornot
07-02 08:45 AM
reasons...
I have seen many of my friends doing H1 for their spouses..... while their spouces have no experience what so ever..... employers help them cook their resumes..... in these cases employee has something to hide.... so they pay
H1 fees, stay on bench for few months......and never complain...
Now a days many companies send people on L1 visa. On L1 you have no choice. If you can't get H1 in April you are slave to the employer.... also with L1 there is no stipulated salary like H1.... so employers pay whatever they feel like and not market rate.....but since many employees have desire to stick around in US and save some Green... pay of their debts in home country.... they stay with same employer without complaining......
I have seen many of my friends doing H1 for their spouses..... while their spouces have no experience what so ever..... employers help them cook their resumes..... in these cases employee has something to hide.... so they pay
H1 fees, stay on bench for few months......and never complain...
Now a days many companies send people on L1 visa. On L1 you have no choice. If you can't get H1 in April you are slave to the employer.... also with L1 there is no stipulated salary like H1.... so employers pay whatever they feel like and not market rate.....but since many employees have desire to stick around in US and save some Green... pay of their debts in home country.... they stay with same employer without complaining......
more...
21stIcon
10-07 05:34 PM
Almost all Hyderabad house hold has one or more members live in US, who save atleast 15l/year and invest a lot in homeloand which would translate into sustainable stability in AP,India.
Unless US govt. declares bankruptcy, AP real estate would not burst so it would be safe to invest in AP.....
Unless US govt. declares bankruptcy, AP real estate would not burst so it would be safe to invest in AP.....
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krupa
04-09 03:31 PM
I too had soft LUD's on Mar 26 and 27 and thereafter continuosly from 30 mar 2009 to 3rd Apr 2009 (total 7 days), this happenned after my reply to 485 RFE.
I didnt apply for EAD/AP or no other applications are pending except 485 . Recieved date is Aug 2, 2007 and My PD is NOV2004/EB3
Nembrask service center current processing date for 485 is 15 Aug 2007 , Looks like they are going through all the files in the order they recieved and pereadjucating each case else deniel letter.
I didnt apply for EAD/AP or no other applications are pending except 485 . Recieved date is Aug 2, 2007 and My PD is NOV2004/EB3
Nembrask service center current processing date for 485 is 15 Aug 2007 , Looks like they are going through all the files in the order they recieved and pereadjucating each case else deniel letter.
more...
masterji
08-21 01:19 PM
I have a valid H1B permit (no visa). If I use AP to enter and according to the IV gurus I can still continue myself on H1B. Do I need to do any paperwork to change I-94 or it is automatically converted back to H1B as I am not using my EAD.
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Maverick1
11-09 03:54 PM
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
more...
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pappu
07-01 08:26 PM
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
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ALLYYU
07-18 10:03 AM
Pd: Sept 2003
Reached Nsc: 7/2 11:34am
Rejected: Don Know
Ck Cashed: Not Yet
Reached Nsc: 7/2 11:34am
Rejected: Don Know
Ck Cashed: Not Yet
more...
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sai.bhargavi
07-15 11:42 PM
here goes the link from youtube on San Jose rally
http://youtube.com/watch?v=X-dduQvFmfY
also some interesting ones on the current fiasco
http://www.youtube.com/watch?v=ovhoH0ZW0No&NR=1
http://www.youtube.com/watch?v=cspG7EmDPWY&NR=1
http://youtube.com/watch?v=X-dduQvFmfY
also some interesting ones on the current fiasco
http://www.youtube.com/watch?v=ovhoH0ZW0No&NR=1
http://www.youtube.com/watch?v=cspG7EmDPWY&NR=1
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polapragada
04-26 06:16 PM
I have seen so many in this forum spits on L1. This is really bad, we all belong to one family and one kind.
If some one thinks L1 is more advantagous why don't those people join TCS or some thing...
Well let me put some of the Disadv.
1. On L1 one canot change the job. If you want to change the employer you should have H1B
2. L1B salaries are 20% less than H1B on AVG
3. If employer want to send you back (For any silly stupid reason) you are gone
4. Most of the companies like TCS, INFOSYS, WIPRO won't file green cards for 99.99% people
5. On avg a L1 person stays in US in a trip for 1 - 2 years.
Now think!
And above all as I said all those L1 are living in this country legally like me and you, living a painful uncertain life. Because the time is bad now we can't blame them.
Some one talking about getting laid off with TCS employee. just recapture the 5 or 8 years back when you replaced a AMERICAN CITIZEN and you can't call people as idiots ... its street clear.
Well some of you may not agree with me, but if you want to respond harhly just visit any L1B guys house some how they are living.
Unite, Fight! Don't fall for same old british divide and rule tricks.
If some one thinks L1 is more advantagous why don't those people join TCS or some thing...
Well let me put some of the Disadv.
1. On L1 one canot change the job. If you want to change the employer you should have H1B
2. L1B salaries are 20% less than H1B on AVG
3. If employer want to send you back (For any silly stupid reason) you are gone
4. Most of the companies like TCS, INFOSYS, WIPRO won't file green cards for 99.99% people
5. On avg a L1 person stays in US in a trip for 1 - 2 years.
Now think!
And above all as I said all those L1 are living in this country legally like me and you, living a painful uncertain life. Because the time is bad now we can't blame them.
Some one talking about getting laid off with TCS employee. just recapture the 5 or 8 years back when you replaced a AMERICAN CITIZEN and you can't call people as idiots ... its street clear.
Well some of you may not agree with me, but if you want to respond harhly just visit any L1B guys house some how they are living.
Unite, Fight! Don't fall for same old british divide and rule tricks.
more...
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s_r_e_e
03-17 05:27 PM
I found this only today.. I do not work for this employer since Jan 2008. On EAD now.. 46 days passed since the date mentioned.. not sure what is this about..
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 30, 2008, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail .....
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 30, 2008, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail .....
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psaxena
09-11 12:38 PM
Since when the goal and vision of the community has got changed.
did you see in on the "RADIO" or heard it in "NEWSPAPER"
click the about us link http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
pasted above for your convenience as get updated with the goal of the "Community"
I understand that you are trying to be smart but you not quite sounds so. sorry
of course - this is off topic but the whole point is WE are suffering from it and DOES affects us - may be you are not nor you have any clue about what this means to you.
the goal of our community is to drive out the common enemy, share our experience to benefit others- may be sometimes it does sounds off topic but that does matters to us, the same way how $$$ matters to you. I would recommend you just think about bit before start comment on it.
did you see in on the "RADIO" or heard it in "NEWSPAPER"
click the about us link http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
pasted above for your convenience as get updated with the goal of the "Community"
I understand that you are trying to be smart but you not quite sounds so. sorry
of course - this is off topic but the whole point is WE are suffering from it and DOES affects us - may be you are not nor you have any clue about what this means to you.
the goal of our community is to drive out the common enemy, share our experience to benefit others- may be sometimes it does sounds off topic but that does matters to us, the same way how $$$ matters to you. I would recommend you just think about bit before start comment on it.
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Macaca
03-09 12:15 PM
I understand that IV has purchased a system (used at other places also). It may not be possible to configure it according to every requirement.
I don't think IV has the source code for the system. Even if they have the source code, it will take a while to modify it according to all requirements.
I don't think IV has the source code for the system. Even if they have the source code, it will take a while to modify it according to all requirements.
ps57002
01-30 05:29 PM
I see another question too on legal immigration...vote for that too..we need to bring forward legal immigration questions
Question on: Immigration
Illegal immigration has been a topic of heated debate and has received much needed attention during this election. In the midst of all the hype and bickering about ILLEGAL immigration, there is a group of people, often forgotten and ignored, who are caught up in a bureaucratic mess and yet are patiently waiting on the path to LEGAL immigration. This is a group of high skilled workers, most of whom have advanced degrees in medicine, engineering and science from Universities in the US. These people have obeyed all laws, worked hard, paid taxes and waited their turn, many for a decade, because of a system that is hopelessly broken and inefficient. I am one of these people and I have been in the US legally for 10 years and still years away from getting a green card. As the President of the United States how do you intend to address the problems faced by future Americans already living and working LEGALLY in the United States? Please note, this question is NOT about ILLEGAL immigration but about LEGAL immigration.
Question on: Immigration
Illegal immigration has been a topic of heated debate and has received much needed attention during this election. In the midst of all the hype and bickering about ILLEGAL immigration, there is a group of people, often forgotten and ignored, who are caught up in a bureaucratic mess and yet are patiently waiting on the path to LEGAL immigration. This is a group of high skilled workers, most of whom have advanced degrees in medicine, engineering and science from Universities in the US. These people have obeyed all laws, worked hard, paid taxes and waited their turn, many for a decade, because of a system that is hopelessly broken and inefficient. I am one of these people and I have been in the US legally for 10 years and still years away from getting a green card. As the President of the United States how do you intend to address the problems faced by future Americans already living and working LEGALLY in the United States? Please note, this question is NOT about ILLEGAL immigration but about LEGAL immigration.
rksaigal
07-30 01:11 PM
What would you recommend to enter this field on a long term basis and to supplement one's income?
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