chanduv23
07-10 07:46 AM
Can anyone recommend attorney who are good in AC21 and I-485 Motion To Reopen cases. Who is better, muthy or Oh law firm, or Ron Gotcher ? I am confused as to whose services I should take knowing that my I-140 will be revoked and if I have to file MTR.
Try Rajiv Khanna too.
Try Rajiv Khanna too.
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srikondoji
05-24 05:38 PM
But look at the case before this bill i.e now
With 140,000 we have more candidates in the backlog and many more joining through Perm process.
If CIR is passed, many in the backlog will move to new merit system because their labor is still pending and no new GC application after May 21st 2007 also.
So, you have lot less people picthcing against 10% of 90,000 visas vs the case now where there are lot more people for 7% of 140K.
I still don't get why it is bad for everybody?
It is definitely little better for those who can use older GC process/system with 10% of 90K visa numbers.
Also, i bet there will be another amendment to add more to 90K for clearing the backlog much faster.
what do you mean? Who are these rest who will go into a new merit-based system? Even if you count only the number of people here who have approved I-140, that alone is enough to delay us for a very long time even with the current quota (140K). Otherwise we would not have had retrogression.
With 140,000 we have more candidates in the backlog and many more joining through Perm process.
If CIR is passed, many in the backlog will move to new merit system because their labor is still pending and no new GC application after May 21st 2007 also.
So, you have lot less people picthcing against 10% of 90,000 visas vs the case now where there are lot more people for 7% of 140K.
I still don't get why it is bad for everybody?
It is definitely little better for those who can use older GC process/system with 10% of 90K visa numbers.
Also, i bet there will be another amendment to add more to 90K for clearing the backlog much faster.
what do you mean? Who are these rest who will go into a new merit-based system? Even if you count only the number of people here who have approved I-140, that alone is enough to delay us for a very long time even with the current quota (140K). Otherwise we would not have had retrogression.
vinodp1978
06-28 04:12 PM
Yes i understand that and intend to file I-765 with my 140/485 next week.
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jatinr
11-03 10:12 PM
if you have wired 10k to NRE account, you can get back 10k back and you can easily get clearance from RBI for the amount that you had deposited.
If you need to bring more than what you had transferred then again RBI has set a cap of about 100k per year per person.
If you need to bring more than what you had transferred then again RBI has set a cap of about 100k per year per person.
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dummgelauft
02-11 12:56 PM
Use a competent attorney. Do not try to handle this yourself. I am sure that you have heard of "you get what you pay for"...
BTW, are you one of those cases with a 3 year degree + Experience, working in IT? If yes, the I can see why your I-140 was rejected. Lot of people have had this issue, but I do not know how many have successfully been able to resolve it.
JAFS, ALWAYS use grammar check.
BTW, are you one of those cases with a 3 year degree + Experience, working in IT? If yes, the I can see why your I-140 was rejected. Lot of people have had this issue, but I do not know how many have successfully been able to resolve it.
JAFS, ALWAYS use grammar check.
malaGCPahije
09-26 03:53 PM
Why is llc less risk? i know that the legal paper trail requirements are lower... but i dont know of any other major benefit than ability to share profit and loss disproportionate to ownership stake... which could be a double edged sword too... what risk is covered in llc that is not covered in corp?
in fact i chose corp because it was cheaper.... thats it.
the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.
in fact i chose corp because it was cheaper.... thats it.
the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.
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unseenguy
07-04 11:25 PM
Incorrect.
You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.
WTF? US will decide which country's citizen is our biological child?
You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.
WTF? US will decide which country's citizen is our biological child?
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hebron
04-21 07:26 PM
Yes, my Bachelor and Master's are in same/related discipline. I think you can use any education evaluator but make sure that are aware of Indian Education System. We have responded to the RFE. I will post the outcome for the benefit for all.
Thank you very much!
Thank you very much!
more...
thomachan72
05-29 07:20 AM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
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god_bless_you
03-28 08:25 AM
I am a Chemical Engineer ( 16 years in India as a Senior Guy + more than 5 years in US )
I am a founder team member of a high technology advanced material company, created with the help from a VC & active support of local congressman. We literally reopened a closed factory in Ohio to start this R&D / manufacturing company. ( Politicians have been making a lot of noise to revive manufacturing economy in Midwest)
We have hired about 18 people till now & we are NOT an IT company
I was accorded honorary citizenship by the mayor of city of Clinton, MS in 1989 for my extracurricular activities but did not move to US untill 2000
For last five years I have been through this immigration circus & had to file L/C multiple times. Currently, I am not able to file I-485 & I am in my 6th Year of H1-B
PCS case is more useful as he is not purely from IT/Software
Every body else have misconception that retrogression -- backlog is affecting only software professionals(yes we are more number of affected people)
seems he is a senior mature guy and can represent our concerns corrctly., did one one from IV talk with him personally?
I am a founder team member of a high technology advanced material company, created with the help from a VC & active support of local congressman. We literally reopened a closed factory in Ohio to start this R&D / manufacturing company. ( Politicians have been making a lot of noise to revive manufacturing economy in Midwest)
We have hired about 18 people till now & we are NOT an IT company
I was accorded honorary citizenship by the mayor of city of Clinton, MS in 1989 for my extracurricular activities but did not move to US untill 2000
For last five years I have been through this immigration circus & had to file L/C multiple times. Currently, I am not able to file I-485 & I am in my 6th Year of H1-B
PCS case is more useful as he is not purely from IT/Software
Every body else have misconception that retrogression -- backlog is affecting only software professionals(yes we are more number of affected people)
seems he is a senior mature guy and can represent our concerns corrctly., did one one from IV talk with him personally?
more...
kittu1991
08-26 05:39 PM
[/B]
It may sound crazy, 2nd biometrics may not be good sign when dates are current. I had my 2nd FP in June09. I spoke with IO out of curiousity to know of any update- more so to know whether my case is pre-adjudicated (as there was lot of roar on recent preadjudication). IO told me my 'NC is pending'. I told her that around this time, last year, I was repeated told on infopass and on phone that my NC/BC etc is cleared and case waiting for Visa#. She that that is true but 2ND FP TRIGGERs NC and unless they get clearance they have to wait for 180 days before my case is ready for adjudication.
Is that how it works? I was under the impression if the name check is cleared once (or rotten after 6 months) we are good. Hoping that IO gave you a wrong information.
Anybody know more about this. :confused:
It may sound crazy, 2nd biometrics may not be good sign when dates are current. I had my 2nd FP in June09. I spoke with IO out of curiousity to know of any update- more so to know whether my case is pre-adjudicated (as there was lot of roar on recent preadjudication). IO told me my 'NC is pending'. I told her that around this time, last year, I was repeated told on infopass and on phone that my NC/BC etc is cleared and case waiting for Visa#. She that that is true but 2ND FP TRIGGERs NC and unless they get clearance they have to wait for 180 days before my case is ready for adjudication.
Is that how it works? I was under the impression if the name check is cleared once (or rotten after 6 months) we are good. Hoping that IO gave you a wrong information.
Anybody know more about this. :confused:
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kondur_007
08-10 09:12 PM
EB1 Current all across
EB2 India and China Dec 2006
EB3 Unavailable
Just a prediction:D
EB2 India and China Dec 2006
EB3 Unavailable
Just a prediction:D
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mpadapa
10-08 04:42 PM
Come on tri-state folks.
This get together is a great way to start U'r weekend :D
This get together is a great way to start U'r weekend :D
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sanjeev_2004
08-22 11:36 PM
Check this out.....
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
It wont happen again. after encashing I485 checks USICS will start I140 PP again to keep cashing money. once I140 backlog will be done then they will earn from EAD renewals.
Enjoy EAD..........
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
It wont happen again. after encashing I485 checks USICS will start I140 PP again to keep cashing money. once I140 backlog will be done then they will earn from EAD renewals.
Enjoy EAD..........
more...
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uma001
05-14 09:10 AM
Lunch is supposed to be taken at cafeteria not at cubicles.It doesnt matter whether it's curry or burger.Both smell bad.
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kshitijnt
11-16 02:55 AM
Bill rate? 70/30 basis?? Contract??? I would like the OP to report his employer to DoL. DoL and USCIS will kick both the OP and the employer. It is easy to get carried away saying that the employer is blood sucker etc. But very clearly, you should know that there can't be these kinds of contracts on H1. The employer knows that people who go to them are on thin ice, and so does the employee (employer is there to do business -- he is not running charity).
Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.
To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.
While I did not suggest him to go to DOL. Let me tell you that working on hourly wages is legal on H1. The best solution is to find the job quietly. How do you know how much is his employer making and what he has got? There could be very significant difference.
Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.
To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.
While I did not suggest him to go to DOL. Let me tell you that working on hourly wages is legal on H1. The best solution is to find the job quietly. How do you know how much is his employer making and what he has got? There could be very significant difference.
more...
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v2neha
07-09 12:36 PM
Sent flowers to Gonzales to be delivered on July 10th with IV's prescribed signature message.
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WeShallOvercome
07-08 12:43 PM
I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
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luckysiri
04-15 02:22 PM
I will share the employer name and review in the given link Desicrunch.com.
bitzbytz
06-25 08:44 AM
H1 was approved some time last year and H1B started from 10/1/2006.
need_EAD
02-28 03:27 PM
Made my third contribution of $100.
