mirage
04-30 03:48 PM
They are totally off the topic...
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GayatriS
01-08 06:43 PM
And respect and humility are another thing that differentiate us Indians from others!
maddipati1
11-19 11:09 PM
This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
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mjadala
07-15 06:35 PM
7YFTT-TQ791
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guy03062
03-09 08:33 AM
Please post any important updates here...seems today's session is already started...
beppenyc
03-08 02:30 PM
beppenyc, any particular reason that ur interested in the guest worker program?
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
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andy garcia
10-01 02:11 PM
From where did you get 174,968?
Is there any case where unused FP #'s were captured for EB?
Recapture of Employment-Based Immigrant Visa Numbers Unused in Fiscal Years 1999 and 2000 Section 106(d) of PL 106−313 provides for the recapture of those EB numbers that were available but not used in FY 1999 and 2000.
Beginning in FY 2001, those unused numbers (which totaled 130,107) will be made available to applicants in the EB1, EB2 and EB3 preference categories once the annual Employment-Based numerical limit has been reached.
In FY 2002 they used 28,951 out of 130,107. The rest is history.
Is there any case where unused FP #'s were captured for EB?
Recapture of Employment-Based Immigrant Visa Numbers Unused in Fiscal Years 1999 and 2000 Section 106(d) of PL 106−313 provides for the recapture of those EB numbers that were available but not used in FY 1999 and 2000.
Beginning in FY 2001, those unused numbers (which totaled 130,107) will be made available to applicants in the EB1, EB2 and EB3 preference categories once the annual Employment-Based numerical limit has been reached.
In FY 2002 they used 28,951 out of 130,107. The rest is history.
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chanduv23
10-21 05:00 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
more...
go_guy123
08-13 01:08 AM
It would have been amazing if senator added 10K for each recaptured EB VISA. That would have given 1B dollars for the border security(If only senator wanted to help the so called product developing H1Bs).
You need to live in reality...it can be 10K for GC application to pay for more patrols on the mexican border but no recapture....
You need to live in reality...it can be 10K for GC application to pay for more patrols on the mexican border but no recapture....
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unseenguy
02-11 01:24 AM
yes, my previous reply to your post was a bit sarcastic. Didnt mean to offend anyone!
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
Using your same token, can we say "there are many idiots here who don't know what parenting is and use their parents to get a life for themselves and then ditch them?"
Dude, straitjacketing doesn't work and as you said, it is totally based on circumstances. :)
Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.
Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.
And yes, I dont care if this offends you.
more...
gconmymind
09-14 12:49 PM
Good work guys!! Hope the rally will be a big success!!
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prem_goel
08-04 05:36 PM
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
I tend to disagree with that. You are partly right that H1B cost should be borne by the employer. There are DOL regulations for that you can easily find on the web.
For GC, you are partly right in the sense that only the first stage - Labor Certification should be completely borne by the employer. DOL released the regulation last year w.e.f. July 16 2007. The second and third stage however, I-140 and I-485, are of no concern. That is, there is no law which says that Employer should borne the cost for that. Even in reputed companies, the employees pay the cost for I-140/485.
Thanks.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
I tend to disagree with that. You are partly right that H1B cost should be borne by the employer. There are DOL regulations for that you can easily find on the web.
For GC, you are partly right in the sense that only the first stage - Labor Certification should be completely borne by the employer. DOL released the regulation last year w.e.f. July 16 2007. The second and third stage however, I-140 and I-485, are of no concern. That is, there is no law which says that Employer should borne the cost for that. Even in reputed companies, the employees pay the cost for I-140/485.
Thanks.
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drona
07-20 04:56 PM
Sent you an email regarding your post.
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sujijag
07-19 01:16 PM
count me in too..:), I live in Orange County
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NKR
06-25 11:47 AM
When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business).
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
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Sachin_Stock
08-23 09:41 AM
Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
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gcisadawg
02-09 05:27 PM
Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.
Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.
How many Indian origin parents in US invest in their children to make them a 'well rounded' personality so that these children can go to IVY leagues? I believe, it is time for them to focus on their retirement than to spend money on Kumon, Music/Dance classes, soccer/swimming lessons, softball/little league, chess lessons, spelling bee etc...
And why should they move to a sprawling four bedroom home in a suburb and save on heating cost by making their home as an igloo? The reason is their kids can get more space to play around, get a sense of community and build friends.
Just a 3BR aptmt should suffice. And why would a returning NRI want to enroll his kids in an International school?
Your post is a great eye-opener to NRI parents here! It is time for them to do what is
'just enough' for their kids and load up their IRA, 401K and after tax mutual fund or probably put it in a CD or stash it under a mattress! You know why, the ungrateful kid doesn't care about the parents even during humanitarian crisis!
Here is my figment of imagination if society stoops to that level...
Our hero would visit his parents apartment with his wife in tow, alight from his beamer and tell "Alright dad, It's OK if you don't have money to treat your cancer. We would surely help you thru our contacts. Our temple group has a special program. Also it's a great advantage that my wife has lots of contacts in her part-time business. She's also a part of a church group that takes up urgent humanitarian needs..Don't worry, we'll make it"
Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.
How many Indian origin parents in US invest in their children to make them a 'well rounded' personality so that these children can go to IVY leagues? I believe, it is time for them to focus on their retirement than to spend money on Kumon, Music/Dance classes, soccer/swimming lessons, softball/little league, chess lessons, spelling bee etc...
And why should they move to a sprawling four bedroom home in a suburb and save on heating cost by making their home as an igloo? The reason is their kids can get more space to play around, get a sense of community and build friends.
Just a 3BR aptmt should suffice. And why would a returning NRI want to enroll his kids in an International school?
Your post is a great eye-opener to NRI parents here! It is time for them to do what is
'just enough' for their kids and load up their IRA, 401K and after tax mutual fund or probably put it in a CD or stash it under a mattress! You know why, the ungrateful kid doesn't care about the parents even during humanitarian crisis!
Here is my figment of imagination if society stoops to that level...
Our hero would visit his parents apartment with his wife in tow, alight from his beamer and tell "Alright dad, It's OK if you don't have money to treat your cancer. We would surely help you thru our contacts. Our temple group has a special program. Also it's a great advantage that my wife has lots of contacts in her part-time business. She's also a part of a church group that takes up urgent humanitarian needs..Don't worry, we'll make it"
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coolpal
09-10 11:04 AM
thanks IV to all ur efforts...
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
Here's my contribution of $100 (Google Order #431458970400945)
Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...
thanks,
pal :)
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BharatPremi
11-09 02:12 PM
Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .
I remember my past by reading your sad story. Though I had different cause for my tragedy. In Year 2000 November my then employer filed RIR labor and I got approval in January 12th 2001 and Same day HR filed my I-140. On January 22nd during companywide mass lay off I was slashed.. Again go through one more lay off in year 2002 with different employer and still waiting for GC(After filing 4th application in year 2003, Rotting in PBEC for almost 4 years)... Best Luck to you.
I remember my past by reading your sad story. Though I had different cause for my tragedy. In Year 2000 November my then employer filed RIR labor and I got approval in January 12th 2001 and Same day HR filed my I-140. On January 22nd during companywide mass lay off I was slashed.. Again go through one more lay off in year 2002 with different employer and still waiting for GC(After filing 4th application in year 2003, Rotting in PBEC for almost 4 years)... Best Luck to you.
webm
03-17 07:44 PM
H1's are eligible to receive the stimulus package..I got confirmed the same from different people and analysts...
lccleared
09-10 09:24 PM
Small Contribution of $ 100 through Paypal. Confirmation # 2SX022305K271564K.
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