Sunday, July 17, 2011

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Posted by Nataly at 4:40 AM
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  • vrkgali
    10-19 03:06 PM
    If the H1B Visa allows you to work here for 20 years, if spouse can work on H4 visa, you can get in-state tuition for studying, and you can claim the money you contributed to Social Security anytime you decide to leave this Country --- WILL You be in the LINE for Green Card


    Yes , These reasons are good for me , to leave the green card line.




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  • johnwright03
    06-28 03:57 PM
    Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???




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  • FinalGC
    09-08 12:05 PM
    I believe sanju is right to a certain extant. However, I believe it depends upon how much of a close relationship you have established with your clients or per say other clients. Have you done good networking...check out LinkedIn, if not. I can guarantee that if you were to go alone...you could easily ask for at least 110-130/hr, however you may not be able to get the $180/hr, since the companies like IBM, Accenture, Deloitte have an established brand name.

    This is something these firms have developed over the years. You will be competing your skills and your relationships versus their combined skillsets and knowledge database, their legal backings, their relationships (not just money) and their history. People are ready to pay for a Cadillac because it is a brand name, while for a Ford they willl not pay that much money.

    The key is the relationship and the trust that your client will have with you, rather than your current company....if your company has a bigger and better relationship, you will have a herculean task of removing that and replace that with yours, by proving that you are worth the money. Once you establish the brand name and expertise and the legal backings...you too could get may be $140 or so, but will never be able to reach the $180 level.......This is the industry.




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  • tooclose
    08-12 12:58 PM
    vishwak,

    I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.

    Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
    Infact told me that my case was pre-adjd and being reviewed by IO currently.

    I am sure the same applies to you with the Sep VB. Good luck !!!

    Note: This is not a legal advice and don't quote me on it.

    How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts



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  • meridiani.planum
    08-24 02:12 AM
    ^^bump^^




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  • va_labor2002
    09-15 04:07 PM
    I will be very delighted if folks can utilise the private message option to exchange emails and phone numbers to explore real estate.
    It is a public Forum. It is created for sharing ideas among the members. The success story of mr Reddy will give inspiration to other members to be successful. His information was realy helpful to lot of people.If it helps to anybody ,why do you want to stop this discussion ? If you are not comfortable with this,you don't need to read this thread ! OK ?



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  • sdrblr
    09-11 07:19 PM
    I got my GC last week but had a house here since Feb 2005. It helps when you file the tax :)




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  • docwa
    08-04 05:40 PM
    If the suspense is killing anyone, like it was to me; its easy to call the USCIS #, and ask the cust service person if the application has been pre-adjudicated. He/She will ask for SRC/LIN # again, and tell you yes/No and date of pre-adjudication.
    If the first officer does not help, call another, and the next one will.



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  • terriblething
    06-12 01:28 PM
    Some correction. 2 witness, one is a neighbour in another building. We live in 3rd floor, that woman live in 3rd floor on another building, there is one driveway between 2 building! Another witness is from leasing office staff, she claimed just near that area. That "help" is from that damn staff.

    We only move to this apartment in 2 ~3 month, and both of us biz traveled lot, so don't think we bother neighbor much. And one of neighbor knew our miserable experience, he and his wife said would volunteer to support us in court if necessary.

    Thanks!!!!!

    YOu are right, it would be "STATE" Vs terriblething. I wonder, why the neighbour gave "false" statement of hearing "help!...."?

    Terriblething, looks like you were not in good terms with your neighbours or must have pissed them off in one way or other.

    GCCovet




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  • svn
    08-06 09:57 PM
    Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?


    On that point (and back to the original purpose of this thread), I called up USCIS to check on the status on my "pre-adjudication". The customer service rep asked me why I had called up when my priority date was not current (!) and I explained that it was because I had only received a fingerprint notice once and that was in Dec 2007; also it was in connection with my EAD application, as I remember it...how can this be if all applications have been preadjudicated. However, I was surprised when the customer service rep informed that my fingerprints had been updated in Mar 2009 and were valid till Mar 2010! When I mentioned that I had not gone in for any fingerprinting since Dec 2007, she even questioned whether I was saying that those were not my fingerprints and someone else had posed as me!! After that I didn't feel like disputing her anymore! She also told me that my application had been "preadjudicated". Has anyone else seen this happen??

    I am wondering if this is indicative of the fact that USCIS does not want to waste any money reprocessing fingerprints, FBI name checks etc multiple times in connection with applications that are waiting for priority dates to become current.



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  • bluekayal
    10-10 05:48 PM
    Thanks!


    kayal,

    AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.

    talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.




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  • 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)



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  • mugwump
    12-11 09:14 PM
    We should do 10 & 11 irrespective of the awful VB - all look good

    i am not sure if any one of you has tried donating blood in the US, i have, and have been refused a couple of time for reasons ranging from

    you have been to india too recently, need 12 months of continued presence in the US

    to

    our records show that last year India had an outbreak of Malaria and unfortunately you mentioned that you were in India then...




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  • a_yaja
    08-16 08:21 AM
    Shirish has a very valid point. I think it should be six months after I-485 application as pointed in AC21.



    I think the 6 months period should be counted fron the RD on the RN for you I-485, else AC21 and this " propoganda" contadict each other.

    If you get your GC with in 6months from the RD then stay untill you finish 6 months (this is very unlikely to happen as it takes lot more than 6 months)

    If you get the GC after 6 months i think you are fine.

    AC21 applies only if your GC has not been approved. You cannont invoke AC21 after your GC has been approved.



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  • yabayaba
    08-19 09:58 AM
    Wow OOOOOOOOLLLLLLLLLDD thread.

    Here is new link (HR 2709, Jun 4):

    H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)

    What is the status on this Bill? Any updates?




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  • rajchadha
    06-03 09:10 AM
    This is called waste of brain power ... cramming as much as you can from the dictionary and god knows what. It would have been much better if a child learns some skill or diverts the mind towards exploring a problem or invention . What use is cramming the dictionary when it is available right on your phone now . If you have the internet all the world's knowledge is searchable.

    There are much better uses for the brain power.

    People can have different opinion about this ---cramming or not cramming but matter of the fact is that is still a great achievement .
    Proves that we indian rock in whatever we decide to do in life and that can be medicine/IT/Law/ working to do some invention / spelling or whatever. People can have different intrests in life but matter of fact stays same that we indians are one of the most hard working race.
    Good job---Sukanya Roy!!!!!!!!!!! you make us all feel proud !!!!!!!



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  • desi3933
    06-24 11:55 PM
    There is one more option for you. H1 and L1 employees can go on long paid/unpaid leaves. If her company can support with document that she was on an unpaid leave for any reason (I do not know the reasons...make something) then there are chances that she will be able to change her status back to H4. All you have to prove that there was a good faith employee employer relationship for that particular duration. Talk to a lawyer, explain the situation..........every passing day is making your situation worse. Good Luck.

    It may work for someone who is out of status for couple of months, but if someone has not worked at all or out of status > 6 months, it will be tough.

    Another thing if change of status is approved without I-94 and by then if I-485 is filed, then out of status is recorded and will be very difficult to overcome. It is always better if out of status issue is resolved BEFORE filing for I-485. Typically Change of Status can take 3-4 months and we may not have that much time to wait for I-485.

    Trip overseas and re-entry can fix the out of status issue in couple of weeks.

    Your choice.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • anandrajesh
    05-11 11:59 AM
    Having seen so many stunts in the last 6 mos or so, i am hoping this one is for real. Let us wait and see.




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  • ankur6ue
    10-12 10:41 AM
    I used the subject line: US immigration system: problems faced by legal immigrants

    thanks for taking the lead on this issue.




    map_boiler
    07-06 12:57 PM
    Well, they knew very well that they need to honor the DOS visa bulletin and accept cases filed in July. What did they do instead?

    I don't think they will cash any checks. They know at least not to do that.




    hopefulgc
    07-04 02:22 PM
    I am not sure how encouraging it will be for you to hear about some of our friends in tristate area.
    Pretty much like you (Desi employers, 80/20 or 70/30 arrangements, found contracts through dice/monster/hotjobs, filed in jul 07 fiasco and AC21'ed off to full time positions). There is nothing wrong with these arrangements but unfortunately they are considered pretty much illegal from the H1b & immigration point of view.


    Employers of many of them who have received their GC and many who are pending are currently being investigated. First they closed the gaping hole called substitution and now they are after all these sketchy employers and the petitions pending/approved through them.

    It sucks for people whose petitions have been approved and are now trying to crystallize their lives by buying homes, etc. Administration holds the trump card in that they can revoke GC/citizenship anytime.

    Few of these desi employers were nice enough to notify the beneficiaries. Many of these cases involve people who filed for EB2 i-140 to capture their EB3 dates after changing employers.



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