esh06
09-22 04:33 PM
Filed at NSC.
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arunmohan
05-08 03:26 PM
Please some one has take a lead. I know a very good attorney i.e. Visanow.com. We should try to contact them and find out what are possibility we have to remove the country cap.
some of EB3 folks formed a group to fight for this but EB2 did not participate because they were thinking that they will get their GC sooner or later.
This is a time to fight together.
some of EB3 folks formed a group to fight for this but EB2 did not participate because they were thinking that they will get their GC sooner or later.
This is a time to fight together.
Lisap
08-30 04:56 PM
FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.
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kshitijnt
05-12 01:17 AM
The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Yeah no one else does fraud, another anti Indian in this forum.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Yeah no one else does fraud, another anti Indian in this forum.
more...
pd2001_12
09-10 11:22 AM
or maybe the official webside accidently copies the India Other workers date to EB3 ;-) . In my 9th grade a real cool dude who sat next to me would say "Man lives in hope and dies in despair"
I hope this is true. I am getting tired of waiting for visa bulletins.
Anyone close to my priority date out there?
I hope this is true. I am getting tired of waiting for visa bulletins.
Anyone close to my priority date out there?
ca_immigrant
02-07 05:54 PM
I think culture vs quality of life is a different thing.
I am not saying that one place is better than the other...
There are many things for which I love living in the US...long list...
there are many things for which I love living in India...I think the list might not be as long as the US one....
2 of the main things I miss in the US.
1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...
Again, I am not saying life is easier or better in one place compared to the other...
If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)
Both are great countries with plus and minus....
Peace !!!
All the best to all my friends here (the ones who stay and the ones who go back ) !!
I am not saying that one place is better than the other...
There are many things for which I love living in the US...long list...
there are many things for which I love living in India...I think the list might not be as long as the US one....
2 of the main things I miss in the US.
1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...
Again, I am not saying life is easier or better in one place compared to the other...
If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)
Both are great countries with plus and minus....
Peace !!!
All the best to all my friends here (the ones who stay and the ones who go back ) !!
more...
pappu
03-10 11:25 PM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.
The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.
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SDdesi
02-14 09:54 PM
Contributed $100 (6J641736D3197961L)
more...
puddonhead
05-01 10:59 AM
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
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cram
06-12 02:13 AM
I was under the impression that you cannot file before June 1st..
Fortunately, my PD became current on May 1
Fortunately, my PD became current on May 1
more...
GCWhru
11-30 05:21 PM
I am really sorry to hear your situation...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
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kshitijnt
04-23 08:39 PM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
more...
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gc28262
06-28 09:33 AM
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
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desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
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ashishgour
09-21 10:53 AM
Hi,
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
I am in the same boat...with approved 140 from TSC.
So I believe my case might have been transferred to TSC.
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
I am in the same boat...with approved 140 from TSC.
So I believe my case might have been transferred to TSC.
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bhobama
05-10 11:46 AM
I think it is ironic that we (from India) complain about quota on GC when we are the masters of quotas whether it be in education, workplace, politics etc. I myself was not affected by quotas in India, but I know several friends who were, simply because they were born in "upper caste" and therefore had to be denied opportunities as "revenge" for the injustice meted out by their ancestors several centuries ago, instead of being based on economics.
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
more...
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Green.Tech
02-26 10:20 AM
Please see my answers in BOLD. Please do not assume I am mad to put in BOLD. This is just to make my point more VISIBLE.
Finally one question to ALL.
If we see a good action plan from IV Core and a date, how much are you willing to contribute.I am now ready to do $2000.00 instead of $500.00 as I said before. I am not very well-off to do this much (my friends are, though). But this looks to be nothing when compared to the loss many faced waiting 5-10- years. So I will do.
Feel free. Remember how it feels like if you get it. and dont forget how much you are spending now for different immigration related issues. How much are you ready to contribute to IV.
Ok. Time out suriajay12.
Tell me one thing - Why do you expect IV core to spoonfeed everything to you and your friends. If you and your friends are raring to go and do something for the retrogressed community, why not come forward with ideas and show some efforts, instead of just harping on a forum with a bundle of dollars in your hand! Remember, IV is made up of you and me, and it's you and me who can make all the difference. It's very easy to sit on the sidelines and talk. And one more thing - "Have a positive attitude" about everything (life, IV, GC etc) and you will notice how much your point of view will change for better.
The best advice I have for you is to join your state chapter because IV does lot of its planning and strategy implementation behind the scenes. That way you will know more about IV's current and future plans, and will be able to contribute in a positive manner.
Finally one question to ALL.
If we see a good action plan from IV Core and a date, how much are you willing to contribute.I am now ready to do $2000.00 instead of $500.00 as I said before. I am not very well-off to do this much (my friends are, though). But this looks to be nothing when compared to the loss many faced waiting 5-10- years. So I will do.
Feel free. Remember how it feels like if you get it. and dont forget how much you are spending now for different immigration related issues. How much are you ready to contribute to IV.
Ok. Time out suriajay12.
Tell me one thing - Why do you expect IV core to spoonfeed everything to you and your friends. If you and your friends are raring to go and do something for the retrogressed community, why not come forward with ideas and show some efforts, instead of just harping on a forum with a bundle of dollars in your hand! Remember, IV is made up of you and me, and it's you and me who can make all the difference. It's very easy to sit on the sidelines and talk. And one more thing - "Have a positive attitude" about everything (life, IV, GC etc) and you will notice how much your point of view will change for better.
The best advice I have for you is to join your state chapter because IV does lot of its planning and strategy implementation behind the scenes. That way you will know more about IV's current and future plans, and will be able to contribute in a positive manner.
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n2b
08-13 11:03 AM
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
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knnmbd
05-03 03:53 PM
Thanks bkarnik,
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
Only if PD is current!!!
Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
--MC
Only if PD is current!!!
cbpds
02-09 12:17 PM
Guys,
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
ub27
07-24 08:56 AM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
