vivid_bharti
05-07 12:13 AM
cool down...I did pay for that effort, I am not a member of donor forum though..If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
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BumbleBee
08-02 02:32 PM
Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.
Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.
Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D
Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.
BumbleBee
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.
Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.
Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D
Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.
BumbleBee
GreenCardVirus
01-27 10:29 AM
Name Check is haunting quite many of those seeking Citizenship and Green Card.
This is not an issue of law. It is an issue of effenciency.
My case has been stuck up in Name Check for over 600 days now.
This is not an issue of law. It is an issue of effenciency.
My case has been stuck up in Name Check for over 600 days now.
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prioritydate
12-20 04:31 PM
Have you been out of country anytime after this...??If yes then you are fine.
Once you re-enter US..all previous records will be cleared....!!!
Yes, I did. In fact, many times.
Once you re-enter US..all previous records will be cleared....!!!
Yes, I did. In fact, many times.
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gcgonewild
06-11 03:22 PM
Sent to NJ Lawmakers
yabadaba
09-10 04:07 PM
thx for catching that.. i m sending it now to my school
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gc_check
10-29 11:45 AM
Folks, This poll was created originaly on 7/7, Many folks got their GC, since then. The % might not reflect the current numbers of folks waiting. Still a good indicator, May be new poll might give a current status.
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chanduv23
04-01 09:13 AM
How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?
[QUOTE=chanduv23]Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
[QUOTE=chanduv23]Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
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i4u
04-26 10:25 AM
Hi,
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
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ryan
08-21 03:31 PM
You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
Jesus! Please, tone it down. She's come to this forum asking for help.
luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.
Jesus! Please, tone it down. She's come to this forum asking for help.
luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.
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ss1026
11-01 01:04 PM
Bumping..
I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one
I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one
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BharatPremi
07-10 12:28 AM
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
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meridiani.planum
03-03 01:36 PM
I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
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stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
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angelfire76
02-13 04:07 PM
His views are distorted.
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
They can get a work permit to work in India. The only requirement is that they have to sign on a police register every month or so. This is because Indian Immigration still has not yet computerized all their records due to little to no demand.
Companies like Infosys and Wipro do hire MBAs and Engineering undergrad students to train in their India offices to understand their business model.
Wait a minute, you are from Germany, a historically xenophobic state. :rolleyes:
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
They can get a work permit to work in India. The only requirement is that they have to sign on a police register every month or so. This is because Indian Immigration still has not yet computerized all their records due to little to no demand.
Companies like Infosys and Wipro do hire MBAs and Engineering undergrad students to train in their India offices to understand their business model.
Wait a minute, you are from Germany, a historically xenophobic state. :rolleyes:
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InTheMoment
05-26 07:13 PM
Actually entire state of NH is within 100 miles of Canada and the coast.
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
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sbeyyala
01-17 03:10 PM
signed up for $20 per month though paypal.
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amitjoey
02-15 02:22 PM
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
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texcan
01-22 09:30 PM
Texcan,
Thanks for reading a long vent. Trust me, what happened to me in 9 months could happen to people in matter of moments.
So, I still consider myself lucky. Please pray for all those who arent lucky enough.
Thanks
your post details how life comes at you fast....
listen man, it will all work out. Keep doing the good work.
Thanks for reading a long vent. Trust me, what happened to me in 9 months could happen to people in matter of moments.
So, I still consider myself lucky. Please pray for all those who arent lucky enough.
Thanks
your post details how life comes at you fast....
listen man, it will all work out. Keep doing the good work.
dupedinjuly
07-05 03:56 PM
Hi,
I joined for recurring $50 per month. I will ask all my friends to do the same.
I believe IV is the only forum/organazation concerned about our cause. Everybody else thinks immigration issue is just about illegal aliens. IV highlights the real issue, legal immigration.
dupedinjuly
Thank you.. Please ask others to contribute.
I joined for recurring $50 per month. I will ask all my friends to do the same.
I believe IV is the only forum/organazation concerned about our cause. Everybody else thinks immigration issue is just about illegal aliens. IV highlights the real issue, legal immigration.
dupedinjuly
Thank you.. Please ask others to contribute.
nonimmi
02-21 01:52 PM
yes, you can unless your eb3 I140 has been revoked for fraud or misrepresentation of facts.
Good info.
My attorney said EB3->EB2 is not possible now. Can you please post some link for this and pm me some attorney you may know have done this before.
Good info.
My attorney said EB3->EB2 is not possible now. Can you please post some link for this and pm me some attorney you may know have done this before.
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