sujith1
11-22 01:39 PM
I see a lot of posts here which talks about no salary increase and no change in position. I assume this is due to the employer and not due to the immigration process started.
If the employer is willing there is nothing that stops the employer from giving you salary increases or changing your position while you wait to get your GC.
This is what I thought but the posts here sometimes lead me to believe that if you get a salary increase while waiting for your GC your process will be hampered.
If the employer is willing there is nothing that stops the employer from giving you salary increases or changing your position while you wait to get your GC.
This is what I thought but the posts here sometimes lead me to believe that if you get a salary increase while waiting for your GC your process will be hampered.
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sugaur
01-17 10:27 AM
Key to happiness and peace of mind is to determine weather the things bothering you are under your control or not. The exact date when you will get your GC is not under your control, so worrying about it is useless. On the other hand making sure your applications are filed properly and in a timely manner is under your control. Similarly, getting laid off is not under your control. On the other hand it is under your control to constatntly try and acquire new skills that will make you more appealing to employers.
For things which are beyond our control, there is no point worrying. For things which are under our control, no point worrying either BECAUSE THEY ARE UNDER OUR CONTROL!!!
I found this little pearl of philosophy in a little book about the Roman Slave Epictecus who went on to become one of the leading Stoic philosophers.
For things which are beyond our control, there is no point worrying. For things which are under our control, no point worrying either BECAUSE THEY ARE UNDER OUR CONTROL!!!
I found this little pearl of philosophy in a little book about the Roman Slave Epictecus who went on to become one of the leading Stoic philosophers.
newuser
05-06 03:28 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
15 MONTHS.....:mad:
what are the next steps?
15 MONTHS.....:mad:
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pappu
03-10 03:55 PM
I challenge visitors in this forum to make atleast one fix, any small fix by sticking to the point and not beating around the bush and not getting into the shoes of others to paint the whole world problems in this.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
more...
hara_patta_for_rico
07-09 07:28 PM
1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
pointlesswait
02-03 11:59 AM
To change the country quota.. you will have the change the entire US theory of melting pot. just a quick search on wiki will enlighten you about the history behind the country quota.. which was first enacted in 1924.
SO IV will look like Don quixote..trying to go after the unthinkable.
i agree with this quota system.. US has seen London become Londonisthan.. i am sure they wont let US to be overwhelmed by ppl from one country..
our best bet would be:
a.) Ask for transparency
b.) One time capture of unused GC from past 10 years.
something more realistic..
SO IV will look like Don quixote..trying to go after the unthinkable.
i agree with this quota system.. US has seen London become Londonisthan.. i am sure they wont let US to be overwhelmed by ppl from one country..
our best bet would be:
a.) Ask for transparency
b.) One time capture of unused GC from past 10 years.
something more realistic..
more...
va_labor2002
07-24 08:47 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
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onemorecame
10-15 01:18 PM
any one got approval after submitting recent RFE?
more...
sanjaymk
07-17 06:34 PM
Here is a rough draft of what we could use for the Webfax, please feel free to add/modify and change it to get to the final version. I feel it is a little too long so feel free to suggest your changes.
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
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singhsa3
03-03 04:22 PM
That is option # 2
How about another option for people who are going to buy shortly even though their GC approval is far far away?
How about another option for people who are going to buy shortly even though their GC approval is far far away?
more...
desigun
07-12 05:09 PM
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
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alisa
01-20 03:44 PM
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
more...
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nitinboston
04-10 01:02 AM
i have been on this forum for some time now, something i still am trying to understand is, IS GC A RIGHT OR A PRIVILEGE? if its a right i am all for fighting for it but if its a privilege bestowed by this nation on immigrants why don't we just kneel and pray instead of crying foul.
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chaukas
05-15 05:14 PM
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
more...
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GCKaIntezar
01-30 03:17 PM
I agree with you. No images, KISS.
Do we need images? Can't we just have text on a yellow paper with appropriate text highlighted? We want to emphasize on the text. Not sure what value add an image can have unless we have someone standing in a line outside a gc office with window and we could put something like .. another 5 years... The images has to be in sync with the text. I am not for putting a picture of the capitol hill so much. We have to emphasize on the problem. This is just my opinion.
Thanks,
Varsha
Do we need images? Can't we just have text on a yellow paper with appropriate text highlighted? We want to emphasize on the text. Not sure what value add an image can have unless we have someone standing in a line outside a gc office with window and we could put something like .. another 5 years... The images has to be in sync with the text. I am not for putting a picture of the capitol hill so much. We have to emphasize on the problem. This is just my opinion.
Thanks,
Varsha
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logiclife
01-30 01:07 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
more...
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gc_lover
07-18 09:54 AM
I checked with somebody who has hired Rajiv Khanna as his lawyer. He said that those who had filed in July are fine and there is no need to re-file it.
I am still waiting to hear from my lawyer though.
I am still waiting to hear from my lawyer though.
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smuggymba
07-29 08:31 AM
A sure invitation for defamation suit. Good luck.
This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.
This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.
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ajthakur
07-14 07:18 PM
Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Imigrait
01-30 02:46 PM
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
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