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Thursday, June 30, 2011

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  • acecupid
    07-17 11:21 AM
    It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.

    There could of course be a new law and then things might change.

    The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.





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  • eager_immi
    07-12 10:20 AM
    I think this all depends on individual application. I got a letter stating "no further documents were needed." I did not submit any TOEFL scores. I just sent them a letter detailing that my husband and I work for Fortune 500 and have been in the US for over 10 years. I also stated that my daily work includes interacting with high level executives, c-suite folks all the time. My work entails writing reports, issuing memorandums etc. My letter from employer also stated that my ability to communicate in English is equivalent to a native speaker. But I know sometimes it does not work it all depends on the individual who is accessing your case. Just one pointer make sure the letter is well written, free of grammatical errors, and you have spent several hours editing and re-editing it. I have seen lots of posts where people have uploaded the letter they sent to the embassy, but the English was very poor.

    They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.





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  • prem_goel
    05-29 03:02 PM
    I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.

    Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....

    Please PM me if you have the details.





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  • Imm_Exploited
    07-25 12:22 AM
    OLDMONK - sam_i02 - BLIB

    Here is my $.02 (or maybe 200 cents)

    I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.

    But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.

    My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.

    Sincerely - IE



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  • gchandu
    07-29 05:41 PM
    Hi

    I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
    I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
    Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
    Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
    Please suggest a best possible way
    Thanks
    Gangadhar





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  • rajuram
    02-14 11:51 PM
    How would letting "people" know that there is a problem help? The only people that matter are politicians.


    I tried to determine, on a separate thread, the wait times for EB-2 India, EB-3 ROW, and EB-3 India.
    ANd I failed miserably. My models didn't make much sense. So I quit trying to come up with a reasonable, mathematical, estimate on the wait times.
    The reason I was trying to determine wait times, was so that I could then convince people to join and contribute for IV. Basically, a media campaign, geared towards our base.

    Anyway, the point of this post is this. I don't need reasonable, mathematical estimates. Maybe, all I need is a quote. A quote from someone knowledgeable, like Aman. Or some lawyers association. Some chimpanzee from USCIS. I don't know. Just something that says 'It will take 10-15 years for EB-3 India to get their greencards.' Or something like that for EB-3 ROW/EB-2 India.

    That could be used to let people know that there IS a problem. Trust me. A huge majority doesn't even know that there is a problem.



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  • vimalm
    08-22 11:43 AM
    Dear Samay

    My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.

    My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.

    She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?

    Your response is really appreciated.





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  • lazycis
    02-13 01:11 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.



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  • logiclife
    05-10 05:04 PM
    I am talking from a broad perspective, not IV's goals.

    IV never had a goal of asking for a points-based canadian model of EB immigration or asking for self-petition system where EB applicants apply for greencards independent of employer. Even if we want and ask for it, it would never happen - for the very reasons I mentioned above. Firstly it would oversupply the workforce with people who may or may not fill jobs and secondly the protection of native-born cannot be achieved without employer-petition that involved labor cert.

    So politically, its almost impossible to get rid of employer-petition for all EB applicants. Maybe STEM/PH.D etc candidates will get a shot at such a provision in near future, but not everyone.

    And like I said, the current system has its problems but point-based self petition is not the answer. And we are not singing a new tune. We are working hard beyond our capacities to get the same amendments introduced again that were introduced on April 7th by Senators Brownback, Alexander and Bingaman.





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  • go2roomshare
    07-11 06:11 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.


    You are right, this is partly true. I work in one of forture 20 company , they redid whole GC on EB2 since Eb3 PD is getting wrost. it wad done just to make me happy and keep me with the company. How many employers will do that? I know lot of my friends had to prey employers and pay from their pocket for same. It is really comes to individual case. on whole i belive we are in more disparate position for GC than employers who really should be.
    this is open secret, don't you agree.



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  • zen
    04-01 03:18 AM
    This is certainly one of the popular thread ..why are we so concerned as to who the next PM will be ..are most of us in the forum so concerned because we may have to pack our bags and return to Mother India ?





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  • unseenguy
    06-16 06:51 AM
    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"

    I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.



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  • PlainSpeak
    01-14 05:02 PM
    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
    Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
    What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.


    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
    You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
    No comments there i agree with you

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
    Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be

    Jai Hind
    Ok the official negetive count is 4500 MINUS for me so i guess no one stepped up and tried to do the right thing. Ok you know what guys there is nothing else to talk here any more and i guess things will never change here. So here is what i am going to do

    1. I have a final reply to make to Mr VBKris77. Once i make the reply i will be gone for the day so i will not check any reply. I hope that the reply will answer all the people out here who are asking for some plan from me. Its a start but what is more important is that you guys realize that there was a serious intent and will to do something. There is one suggestion in the reply which i am sure will raise a big laugh from all you guys but please remember that the flower campaign was in the same vein and inspried by the same great man and that went on to be a hugh success.

    2. Now to really make it a point that i am done here i will delete by account (If i can) or i would request IV Core and/or IV Admin to delete my account. If that can be done i would appreciate it. If anyone else can do it that will really be a big thing. Regarding the Post. If it gets deleted well and good and i would prefer it gets deleted because there has been no impact of the thread and when i say impact i mean impact in thinking of senior members and donors





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  • blueyonder
    05-02 10:14 AM
    1. This is not a political forum ... this discussion has to stop, so does the killing in SL.

    2. There is so much hatred between SL Tamils and Singhalese ... pls see the videos on you tube, rediff etc and the comments ... it like a cyber warfare and the posts contain so much hatred between both sides. No wonder there is so much killing and disregard for human life in SL now.

    3. People get confused between LTTE and Srilankan Tamils they think they are the same ... Srilankan tamils are facing humanitarian crisis and some people consider raising voice against this crisis is supporting LTTE.

    4. SL may be a different country but the Tamils living in India have interest in them and their welfare. This has to be recognized by the Indian government if it values the interest of its people. (Its a dont care situation ... and the apathy is growing in Tamilnadu that they are alienated)

    5. There is no expectation from any other Indian other than a Tamil Indian to have interest in this issue unless it was on a human grounds.

    6. This cause belongs to Tamils and only Tamils can solve this issue, Indian government is a union of many states and languages and there is oneness of being an Indian if the issue is of interest to the rest of the union. Now it belongs to a <10% Minority (Tamils) so it stays as a Tamil issue. Rest of the Indians don't care if it is happening in SL or Uganda.

    We have a oneness in this forum because we all are waiting for GC and nothing else holds us together. Lets stop this discussion now .... it doesnt take us anywhere.



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  • tikka
    07-03 06:42 PM
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  • sanju
    12-17 09:39 AM
    Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.

    Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".

    It will definately help to draw attention to our issues if more people in the community will participate.




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  • BharatPremi
    12-14 04:30 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.





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  • sidbee
    02-15 03:50 PM
    Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.

    Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.

    Yup, the news about Mr 's resignation is unfortunate.

    The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.





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  • immigrationvoice1
    02-14 01:18 PM
    You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".

    With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !

    Welcome...





    Kushal
    07-27 12:07 PM
    I'm not sure but some one did mention this on this forum. It's better if other people can comment on the veracity of this statement.

    "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.





    zbd
    10-18 11:36 PM
    I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
    Please advise.



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