nixstor
09-03 08:15 PM
You need DOB certificate at I 485. I am not sure whether Police Certificate is needed at 485 stage or not. What I am curious is will the USCIS accept DOB certificate from the Indian Embassy or would require it back from the applicants place of birth. A person whom I know has recently requested for DOB certificate and it took almost 45 days in his native place in India.
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unitednations
02-20 12:59 AM
How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.
You have to work for the company outside USA for one year. therefore, you gotta be out for one year.
I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.
Note: You need to ensure that the company is real back home to get through consular process.
I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.
I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.
Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
You have to work for the company outside USA for one year. therefore, you gotta be out for one year.
I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.
Note: You need to ensure that the company is real back home to get through consular process.
I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.
I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.
Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
NKR
02-15 02:38 PM
Originally Posted by
You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Who created the monopoly?. Why are there less employers from other countries?. Who is preventing other employers from not hiring people from their own country?. It is a level playing field for all entreprenuers, right?...
anyways, why don't we just patch up and move on... I am getting tired of this already and there are thousands of other people who are feeling the same.
You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Who created the monopoly?. Why are there less employers from other countries?. Who is preventing other employers from not hiring people from their own country?. It is a level playing field for all entreprenuers, right?...
anyways, why don't we just patch up and move on... I am getting tired of this already and there are thousands of other people who are feeling the same.
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gc_in_30_yrs
10-03 11:42 AM
Hi All,
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.
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user_1980
09-21 12:19 AM
I'm about to transfer my H1. I have recent paystubs - Problem is that Paystub shows gap between pay date and pay period (around 7 weeks from pay period)..And, yeah I was in status all the time.
will this paystub cause any problem while transfering H1-B to another employer?
Please advice.
Thanks,
will this paystub cause any problem while transfering H1-B to another employer?
Please advice.
Thanks,
zen
04-01 03:18 AM
This is certainly one of the popular thread ..why are we so concerned as to who the next PM will be ..are most of us in the forum so concerned because we may have to pack our bags and return to Mother India ?
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unitednations
02-13 01:10 AM
I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
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kittu1991
07-16 06:02 PM
EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
He is talking about Eb2 India.
He is talking about Eb2 India.
more...
gc_chahiye
06-28 08:03 PM
I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
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ivgclive
07-21 11:46 AM
My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?
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test101
07-10 10:11 PM
The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.
The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.
The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.
The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.
MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.
This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.
stay toned 5 more years of this and see how bad it's going to get.
The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.
The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.
The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.
MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.
This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.
stay toned 5 more years of this and see how bad it's going to get.
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okuzmin
10-05 06:15 AM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
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PlainSpeak
01-14 04:27 PM
Plainspeak Show your PLAN and what you would do to get it done.
Everything else is BS
yes my friend waitinganwaiting. Now who taught you your manners. I ought to wash you mouth out with soap.
Now dont reply to this post if you have any sense of shame
Everything else is BS
yes my friend waitinganwaiting. Now who taught you your manners. I ought to wash you mouth out with soap.
Now dont reply to this post if you have any sense of shame
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maximus777
08-19 10:51 AM
Another story doing the rounds.....
SRK as usual did not comb his hair and was dressed shabbily...
Immigration officer: Who are you?
SRK with a loud voice: " Im KING KHAN ".
Immigration officer: What......???
Other Immigration officer: Sir! He said he is KING KONG.....
Immigration officer : Guys catch the monkey in disguise......
SRK: Maahaaa Maahaa Maahaa Maahaa Maahaa...
Immigration officer: Sir...Howz the monkey sounding like a Goat????
So this is how SRK was caged in America...
Good one! LMAO :D
SRK as usual did not comb his hair and was dressed shabbily...
Immigration officer: Who are you?
SRK with a loud voice: " Im KING KHAN ".
Immigration officer: What......???
Other Immigration officer: Sir! He said he is KING KONG.....
Immigration officer : Guys catch the monkey in disguise......
SRK: Maahaaa Maahaa Maahaa Maahaa Maahaa...
Immigration officer: Sir...Howz the monkey sounding like a Goat????
So this is how SRK was caged in America...
Good one! LMAO :D
more...
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bigboy007
02-13 12:04 PM
Going into Lawsuit will not do a penny for our fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.
And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.
I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.
I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
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eb2_mumbai
09-15 10:46 AM
This thread is getting very interesting with all the logical calculations and predictions, thanks OP.
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.
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neoklaus
02-15 10:39 AM
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
ppl voting emotionally, mostly.
Emotionally I'm pro, logically-contra.
We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.
Class action lawsuit- very tricky thing.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
ppl voting emotionally, mostly.
Emotionally I'm pro, logically-contra.
We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.
Class action lawsuit- very tricky thing.
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ramus
07-04 10:57 AM
I noticed that too but I thought may be they just putting rough nuumber and not exact..
But you are right there were 3,185 highest ever..
The following from IV's press release is incorrect. The max # is 3,185
The group's website has reported a record hit of 2,500 concurrent users since this morning.
But you are right there were 3,185 highest ever..
The following from IV's press release is incorrect. The max # is 3,185
The group's website has reported a record hit of 2,500 concurrent users since this morning.
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Desertfox
09-23 04:06 PM
Nixstor,
Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?
Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.
Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?
Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.
geve
09-23 11:08 AM
It is grat Idea. When you run an organisation, think about weather it meets our final goal or not. Do not think it is going to benfit me or not.
Once again Great..
Once again Great..
onemoredesi
05-19 08:57 AM
Thanks for the advice friends.
My brother applied and got his GC approved through labor substitution. It was really safe in the past. With the proposed bill to abandon the labor substitution, I'm a little concerned if it is alright to proceed.
I've talked to one of the attorney's and he mentioned that the Labor substitution will not likely go away as during the comment period they received a number of objections. But, nothing is certain.
My other concern is if the proposed immigration bill does some good to the legal immigrants, then whatever I am doing will be a waste and I'll be losing all of what I have in my current company (I am very well setlled in a multinational company in a good position). I am torn apart whether to take that risk or to stay put in the existing company.
When do you think the BEC's might complete the processing of existing backlogged applications?
When do you think any of these amendments will be implemented?
Lots of questions.. Your responses are highly appreciated.
Thx,
1MoreDesi!
My brother applied and got his GC approved through labor substitution. It was really safe in the past. With the proposed bill to abandon the labor substitution, I'm a little concerned if it is alright to proceed.
I've talked to one of the attorney's and he mentioned that the Labor substitution will not likely go away as during the comment period they received a number of objections. But, nothing is certain.
My other concern is if the proposed immigration bill does some good to the legal immigrants, then whatever I am doing will be a waste and I'll be losing all of what I have in my current company (I am very well setlled in a multinational company in a good position). I am torn apart whether to take that risk or to stay put in the existing company.
When do you think the BEC's might complete the processing of existing backlogged applications?
When do you think any of these amendments will be implemented?
Lots of questions.. Your responses are highly appreciated.
Thx,
1MoreDesi!
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