pd_recapturing
10-17 08:31 AM
nk2000,
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
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pathiren
07-21 03:10 PM
Count me in. I am in Irvine and would be more than helpful to work for this cause. Cheers all!! Wave is building up for a revolution to chage the immigration laws of US!!!!
EternityInLimbo
05-04 01:50 PM
He's been an advocate on backlog issues, and his staff had helped look into my case last year. I used his web site to send him an email (for VA residents only), slightly modifying the phone script to thank him, since I finally got my green card in November. Will post response when I receive it.
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Green.Tech
06-11 12:11 PM
Let's see who the first HERO will be to break the pattern of 2 days of zero contributions...
Bump...waiting for a HERO.
Bump...waiting for a HERO.
more...
kalyan
06-11 08:22 AM
Particularly elimination of LC substitution and elimination of concurrent 140 & 485 are good things to come in the forseeable future.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
DSLStart
08-23 10:10 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
I agree.
Here is INA 203(2)A:
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
I agree.
Here is INA 203(2)A:
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
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pappu
06-01 02:02 PM
Just to let u know, during my H1 processing, my H1 was thrown back to my lawyer asking them to send photographs of my workplace and co-workers, server room, my desk. I had to use an entire disposable camera for the same. To make things even funnier, i was not even the First one to be on H1 in my company. We had atleast 7-8 H1's at one point in time. The reason given for a throw back was, that this company seems quite new and small.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
Yes this is wierd!!
What if the company is small and is a startup! As long as the employer is willing to pay the salary at prevaliling wage, USCIS should approve the case. Even large companies start as small and such small companies need high skilled US educated immigrants to innovate and grow the business. This is a problem not just with H1B applications but with green card applications. I am sure other people would have faced this situation when they filed their GC application through a small company with low annual income.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
Yes this is wierd!!
What if the company is small and is a startup! As long as the employer is willing to pay the salary at prevaliling wage, USCIS should approve the case. Even large companies start as small and such small companies need high skilled US educated immigrants to innovate and grow the business. This is a problem not just with H1B applications but with green card applications. I am sure other people would have faced this situation when they filed their GC application through a small company with low annual income.
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Jimi_Hendrix
11-30 01:10 AM
Day: Thursday, November 30,2006
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com
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WAIT_FOR_EVER_GC
09-04 08:14 PM
T
i think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to usa in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the eb2 route and are happy and some in eb3 have only gloom before them.
This in my opinion has helped smart folks among us:
- they applied for gc as soon as possible. Those who waited did not give importance to greencard as soon as they started a job in usa are now paying for their mistakes. During the initial days of career i have seen people saying that gc is not important to them etc but when their h1b is about to expire they panic and get desperate for green card.
** even if a person starts the gc process in the initial days, he/she may find another better job than what they are doing now. You can't just stay with a desi blood sucker if your gc process has been started by that company.
Someone who has applied in june 2002 under eb3 never thought that he/she will be stuck for so long. This is because of the amnesty given by the bush administration in 2001.
This is pure luck.**
- before pre-perm era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like ca, ny etc suffered due to labor backlogs and far from getting greencard in hand.
** in pre-perm era some companies started opening dummy companies in states like delaware, maine, iowa, nebraska .. Etc, and applied labor from those states. Few people were lucky that they could get through this route.
One of my friend got stuck using this route, he had to change the company as uscis had
started questioning the companies.
If you are talking about getting hired by a company who is based out of such states is very difficult because these states do not have much jobs in the information technology sector.
- any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for gc as soon as the employee joined it. And i have seen posts where people had to wait for several years before company applied.
** every desi blood sucking company till now tries to take as much advantage as possible and will file the gc when there is no other go.
- people who took advantage of the labor substitution got faster labors. Some could take advantage of eb2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- smart folks took the risk and changed jobs wth eb2 job requirements, so that they can file in eb2. Such folks with 2007 pd are happy today and people with 2003 pds in eb3 will have to wait for a long time.
- if you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
- many folks have said that they thought they were in eb2. But found they are in eb3. This shows another weakness of our community and lack of awareness. Iv forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file i485 in july 2007 due to iv effort. Imagine a 2004 eb3 india person without ead today? How will he survive a job loss on h1b in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
being vocal is another story
-
i think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to usa in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the eb2 route and are happy and some in eb3 have only gloom before them.
This in my opinion has helped smart folks among us:
- they applied for gc as soon as possible. Those who waited did not give importance to greencard as soon as they started a job in usa are now paying for their mistakes. During the initial days of career i have seen people saying that gc is not important to them etc but when their h1b is about to expire they panic and get desperate for green card.
** even if a person starts the gc process in the initial days, he/she may find another better job than what they are doing now. You can't just stay with a desi blood sucker if your gc process has been started by that company.
Someone who has applied in june 2002 under eb3 never thought that he/she will be stuck for so long. This is because of the amnesty given by the bush administration in 2001.
This is pure luck.**
- before pre-perm era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like ca, ny etc suffered due to labor backlogs and far from getting greencard in hand.
** in pre-perm era some companies started opening dummy companies in states like delaware, maine, iowa, nebraska .. Etc, and applied labor from those states. Few people were lucky that they could get through this route.
One of my friend got stuck using this route, he had to change the company as uscis had
started questioning the companies.
If you are talking about getting hired by a company who is based out of such states is very difficult because these states do not have much jobs in the information technology sector.
- any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for gc as soon as the employee joined it. And i have seen posts where people had to wait for several years before company applied.
** every desi blood sucking company till now tries to take as much advantage as possible and will file the gc when there is no other go.
- people who took advantage of the labor substitution got faster labors. Some could take advantage of eb2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- smart folks took the risk and changed jobs wth eb2 job requirements, so that they can file in eb2. Such folks with 2007 pd are happy today and people with 2003 pds in eb3 will have to wait for a long time.
- if you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
- many folks have said that they thought they were in eb2. But found they are in eb3. This shows another weakness of our community and lack of awareness. Iv forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file i485 in july 2007 due to iv effort. Imagine a 2004 eb3 india person without ead today? How will he survive a job loss on h1b in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
being vocal is another story
-
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optimystic
09-10 04:32 PM
To the commenter who red dotted with the comment
"bas*$%^&d - Take it easy. Either u want the system the way it is, or if u want it reformed, someone else has the equal right to get the benefit. I want the people with oldest PD's to get GC first; but please be nice to others.
"
I dont think I said anywhere in my post that I don't want "someone else to have the equal right to get benefit"...
What I actually said was in fact that everyone (not just some lucky ones) should have the equal right to get fair benefit within the scope of the existing set of rules that USCIS has itself put in place (Honoring PDs etc).
Please read posts carefully before commenting. And I personally usually refrain from giving red dots and comments in the backgroudd (Somehow it just seems a bit cowardly to me..but that's just my personal opinion).
And as far as bas*$%^&d, it was just a way of expression...Haven't you heard the phrase "You lucky bastard"
...although I agree people could percieve some element of frustration in there...and hence the 'no offence' additive in the brackets in my original post.
I would rather be frustrated at USCIS which richly deserves everone's anger/frustration, than at some unknown lucky bas*$%^&d :D
Now please go ahead and give me some greens so I can become eligible for the IV chat feature.... :D
Btw, I also came across a 'red dot vigilante', who gave me a red dot with the comment "I usually give red dots to people who complain about red dots" . (This was for some other post). Nice work sir...You seem to have a lot of time on your hands to do some vigilante work on the side lines :) . Please give some red dots to USCIS :D
"bas*$%^&d - Take it easy. Either u want the system the way it is, or if u want it reformed, someone else has the equal right to get the benefit. I want the people with oldest PD's to get GC first; but please be nice to others.
"
I dont think I said anywhere in my post that I don't want "someone else to have the equal right to get benefit"...
What I actually said was in fact that everyone (not just some lucky ones) should have the equal right to get fair benefit within the scope of the existing set of rules that USCIS has itself put in place (Honoring PDs etc).
Please read posts carefully before commenting. And I personally usually refrain from giving red dots and comments in the backgroudd (Somehow it just seems a bit cowardly to me..but that's just my personal opinion).
And as far as bas*$%^&d, it was just a way of expression...Haven't you heard the phrase "You lucky bastard"
...although I agree people could percieve some element of frustration in there...and hence the 'no offence' additive in the brackets in my original post.
I would rather be frustrated at USCIS which richly deserves everone's anger/frustration, than at some unknown lucky bas*$%^&d :D
Now please go ahead and give me some greens so I can become eligible for the IV chat feature.... :D
Btw, I also came across a 'red dot vigilante', who gave me a red dot with the comment "I usually give red dots to people who complain about red dots" . (This was for some other post). Nice work sir...You seem to have a lot of time on your hands to do some vigilante work on the side lines :) . Please give some red dots to USCIS :D
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desi485
11-26 02:00 AM
bkn96, Thanks a lot for this information.
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
Someone pointed that AILA recently discussed this issue with cis, and rule is still under development. There was a link posted to a PDF somewhere on this/similar thread. I will try to find and post a link here!
Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?
Someone pointed that AILA recently discussed this issue with cis, and rule is still under development. There was a link posted to a PDF somewhere on this/similar thread. I will try to find and post a link here!
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dan19
05-25 01:09 PM
PD : Sep 2002 (RIR)
45 Day letter: Dec 2004 (After that no news)
I had 2 queries when the case was pending with the state labour office before being shipped to BEC.
The issues were related to low wages and insufficient experience. The company fixed the issues and ammended the Labour petition.
Will that cause a problem when it comes to the approval stage? Again, will that negatively affect I-140?
45 Day letter: Dec 2004 (After that no news)
I had 2 queries when the case was pending with the state labour office before being shipped to BEC.
The issues were related to low wages and insufficient experience. The company fixed the issues and ammended the Labour petition.
Will that cause a problem when it comes to the approval stage? Again, will that negatively affect I-140?
more...
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vijjus
01-04 03:11 PM
3 reasons:
1. The work - when I came here the work I was interested in wasnt being done back home.
2. The work culture - working under most desi managers is a pain in the backside and really stifling for me.
3. Continuity - set up life here, got married, had my son. Its hard to just pull the plug and walk back.
GC is just the means, not the end.
1. The work - when I came here the work I was interested in wasnt being done back home.
2. The work culture - working under most desi managers is a pain in the backside and really stifling for me.
3. Continuity - set up life here, got married, had my son. Its hard to just pull the plug and walk back.
GC is just the means, not the end.
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murali77
07-09 05:39 PM
I am in for the LA rally. Live in San Fernando valley.
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Mouns
04-30 04:57 PM
look here at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
Let me help you here: the USCIS receive 2.5 million applications in july and august 2007 ('The surge'). For most of the ones who applied, I don't think we will see the dates move much in the near future... But I don't know so, keep the faith. Miracles are still possible
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gconmymind
09-14 12:49 PM
Good work guys!! Hope the rally will be a big success!!
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bigboy007
06-03 12:47 AM
I am not giving any benefit of doubt rather expressing my view. No doubt this bill is ringing alarm bells , no matter whether its staffer etc its senators who are bringing on to it , i agree , but the key thing as carefully drafted poison is this draft it cant be achieved by senators in days of negotiations they claim, its been definately on these tables for even months before its publicised. By saying this , i am very much surprised when i went through all the text of it , its shameful on all these ppl for trying to sink ppl like us for vote bank politics. Atleast i thought they would do some good but its becoming more harm day by day.
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nareshg
10-09 12:56 AM
Was there a similar thread started by pappu ?
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mdmd10
07-23 03:56 PM
It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
chanduv23
11-20 07:48 PM
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
somegchuh
01-03 01:40 PM
More than 4 years ago when I started the process I really was looking forward to getting a GC and eventually citizenship. But a lot has changed in the last 4 years. GC process has become much harder (after 4 years I am yet to file for 140 and 485). At the same time the economy back home is booming. So the financial incentive to go thru the long process is really going down by the day.
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
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