GCNirvana007
10-12 11:15 AM
The part I didnt understand is how come you are so stupid? I hope you carry your passport when you go to the bathroom also because a dumb ass sheep like you probably needs it.
Mr.Bhootia - It wont take a second to type back the same.
I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.
Mr.Bhootia - It wont take a second to type back the same.
I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.
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singhsa3
03-03 05:54 PM
Just sent a message to David Merkel, inviting him to view this thread david.merkel@gmail.com. Any one that can take our cause is relevan to us.
paskal
07-03 09:13 PM
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
2011 The tattoos of P!nk.
cool_guy_onnet1
02-20 03:29 PM
Dude. I am *so* not Ron Gotcher. :)
He was rushing and didn't give me any specifics for EB-3 India.
Just don't exhaust this resource and keep it down low.
Lets wait and watch- Go IV
He was rushing and didn't give me any specifics for EB-3 India.
Just don't exhaust this resource and keep it down low.
Lets wait and watch- Go IV
more...
harshalx
04-14 01:00 AM
To get rid of these problems which we face with untrustworthy consultants I've started http://www.goolti.com
<a href="http://www.goolti.com">http://www.goolti.com</a>
where you can read/write reviews about Desi consulting companies.
<a href="http://www.goolti.com">http://www.goolti.com</a>
where you can read/write reviews about Desi consulting companies.
eb3_nepa
07-05 12:10 PM
FIRST make the Forums Viewable ONLY by members who are signed in. Currently you need to sign in only to POST.
more...
Sunx_2004
07-15 01:53 PM
I agree, Don't waste single minute and consult attorney if you haven'nt done so..
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
2010 p!nk#39;s tattoo
makemygc
01-30 08:27 PM
Hello,
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I've lot of friends whose spouses have transfered their visa from H4 to H1 successfully and doing good right now. I don't know a single one regretting their decision. Well, I agree with lot of horror stories here but do understand that there are decent companies as well who are straight forward and do not do things illegally. Do some research among your friends and well wishers and then take a decision. In forum like this, you will always find two side of the stories as everyone has their own agenda.
Best of Luck.
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I've lot of friends whose spouses have transfered their visa from H4 to H1 successfully and doing good right now. I don't know a single one regretting their decision. Well, I agree with lot of horror stories here but do understand that there are decent companies as well who are straight forward and do not do things illegally. Do some research among your friends and well wishers and then take a decision. In forum like this, you will always find two side of the stories as everyone has their own agenda.
Best of Luck.
more...
vik352
07-01 04:35 PM
We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
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jnraajan
03-17 05:00 PM
From the poll results for EB3 priority Dates, I think, I learned something. People waiting for Green Card Pre-PERM are way more than people Waiting POST-PERM. This is an approximate comparision(before Dec 2004 and after Dec 2004, though PERM started in Apr 2005.)
What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.
What do you all say?
What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.
What do you all say?
more...
SunnySurya
07-28 12:12 PM
By the way Mr. Chantu,
Read this http://www.iht.com/articles/2005/11/08/news/blogs.php
Read this http://www.iht.com/articles/2005/11/08/news/blogs.php
hot The lyrics suggest P!nk#39;s
varshadas
09-12 10:57 AM
Ajay, Shekhar, Sanjay where are you guys? I have not heard from you guys for a while. Is anyone of you going to the rally? If not, have you guys been spreading the message within your contacts?
more...
house P!nk) - Won#39;t Back Down
capriol
04-25 10:55 AM
Dear Googler and others:
Since there has been some confusion about the receipt date versus the notice date in terms of the centres processing the 485s for final adjudication, my query is that which date (the receipt or the notice date) actually determines processing? Kindly let me know. Thanks.
Since there has been some confusion about the receipt date versus the notice date in terms of the centres processing the 485s for final adjudication, my query is that which date (the receipt or the notice date) actually determines processing? Kindly let me know. Thanks.
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mallu
02-16 03:20 PM
14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
What i would say is that if folks from a particular country is getting 'edge' in numbers , then the diversity axe should be applied. In that sense i was wondering whether the country quota applied is 'fair' ( i know what is fair is determined by the country which made the rules/laws/practices . ) to India,China .
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
What i would say is that if folks from a particular country is getting 'edge' in numbers , then the diversity axe should be applied. In that sense i was wondering whether the country quota applied is 'fair' ( i know what is fair is determined by the country which made the rules/laws/practices . ) to India,China .
more...
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optimystic
03-18 03:43 PM
Unfortunately, this doesn't seem to be quite true as it contradicts the April bulletin. The bulletin says there are unused visas in the second category going to EB-2 India, and doesn't mention EB-1 at all.
There also seem to be people who are going to sue because they believe DOS ignoring per-country quotas is hurting their chances at EB-3 visas (i.e. they claim that if EB-2 India should get any extra visas then all of EB-3 ROW applications should be approved first). This situation is turning out to be quite interesting. I wonder if we're going to have another fiasco like the July 2007 one.
Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!
There also seem to be people who are going to sue because they believe DOS ignoring per-country quotas is hurting their chances at EB-3 visas (i.e. they claim that if EB-2 India should get any extra visas then all of EB-3 ROW applications should be approved first). This situation is turning out to be quite interesting. I wonder if we're going to have another fiasco like the July 2007 one.
Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!
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GCwaitforever
11-24 09:09 AM
Definitely this is one of the favors to ask the law makers in these days of retrogression. Let the I-140 and PD available to the worker and let the labor substitution go with the date of transfer to the new worker. This releases the stranglehold of the employers.
more...
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gc28262
04-10 10:24 PM
and what is your point?
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
girlfriend Indeed, it is what P!nk does.
ItIsNotFunny
03-10 04:22 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
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maddipati1
01-30 01:39 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
Dhundhun
07-12 08:02 PM
I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, ...
As I understand overflow is not supposed to be evenly distributed. It is supposed to be distributed based on PD. So overflow make PD of all the countries taking benefit of overflow same.
As I understand overflow is not supposed to be evenly distributed. It is supposed to be distributed based on PD. So overflow make PD of all the countries taking benefit of overflow same.
dummgelauft
08-21 12:51 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
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