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chicago60607
09-17 02:20 PM
Seems like Zoe is loosing patience. She is starting to accept a lot of amendments and is some how trying get it wrapped up.
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axp817
06-03 11:06 AM
"On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
Mayday
03-30 07:49 PM
I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
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ElectricGrandpa
06-19 05:23 PM
cool one brightspark.
more...
summitpointe
07-20 11:27 AM
7+ years in US
Changed Employer in late 2004 and filed for GC. So my priority date is early 2005. Old Employer did not file GC so forced to leave him.
Now in retrogesstion. Employer takes lot of his share in the billing rate. If we need to go for a good billing rate, vendors think I'm new to US as I don't have GC. Lot many Dependents after getting GC started working and so supply for software professionals are more. Demand meets the supply and so the billing rate is down. Most of the vendors prefers only locals. Forced to take job whatever comes first.
Have a grown up child and she has to start his school. Well educated wife not able to work and wasting time and energy. Not able to decide other than being in US. Keep reading the forums and whenever some bill comes up hope rises, but all now in vain. From now will not expect or believe anything from US congress/senate until President signs it.
Changed Employer in late 2004 and filed for GC. So my priority date is early 2005. Old Employer did not file GC so forced to leave him.
Now in retrogesstion. Employer takes lot of his share in the billing rate. If we need to go for a good billing rate, vendors think I'm new to US as I don't have GC. Lot many Dependents after getting GC started working and so supply for software professionals are more. Demand meets the supply and so the billing rate is down. Most of the vendors prefers only locals. Forced to take job whatever comes first.
Have a grown up child and she has to start his school. Well educated wife not able to work and wasting time and energy. Not able to decide other than being in US. Keep reading the forums and whenever some bill comes up hope rises, but all now in vain. From now will not expect or believe anything from US congress/senate until President signs it.
anzerraja
07-20 09:35 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
People, since Aman and lets not forget other core members also who I am sure have racked up a lot of out of pocket cost we as a community should gather funds for administrative cost also. GC is not just Aman's/ pappu/logiclife and others core member's dream...its OUR dream, and its not fair that in spite of knowing the time and money spent by the core members we donot share the burden.
So here is what I am thinking, there are 21000+ members of which I think 10,000 can be considered the real people (I am sure there are more..but a real conservative estimate) if we all pitch in $10 for administrative cost I think it would not put any dent in our pockets and this collective effort would not create a financial burden on any of the core members.
Even though IV is not for profit, there is no rule which says that you cannot have funds for administrative cost. In fact one rule of thumb to give to any NOP charitable organization like united way etc is to look at their admin cost. Why not IV have that.
Any thoughts!
Lets not make this a core team fight only...people are jumping in the boat and asking all and any question they can..and when it comes to giving money they will say that..oh I cant no money...I am not a rich guy my self but managed to give $200 and now signed up for $50 yesterday...looking at what a lot of people are doing I think I might have to go to $100.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
People, since Aman and lets not forget other core members also who I am sure have racked up a lot of out of pocket cost we as a community should gather funds for administrative cost also. GC is not just Aman's/ pappu/logiclife and others core member's dream...its OUR dream, and its not fair that in spite of knowing the time and money spent by the core members we donot share the burden.
So here is what I am thinking, there are 21000+ members of which I think 10,000 can be considered the real people (I am sure there are more..but a real conservative estimate) if we all pitch in $10 for administrative cost I think it would not put any dent in our pockets and this collective effort would not create a financial burden on any of the core members.
Even though IV is not for profit, there is no rule which says that you cannot have funds for administrative cost. In fact one rule of thumb to give to any NOP charitable organization like united way etc is to look at their admin cost. Why not IV have that.
Any thoughts!
Lets not make this a core team fight only...people are jumping in the boat and asking all and any question they can..and when it comes to giving money they will say that..oh I cant no money...I am not a rich guy my self but managed to give $200 and now signed up for $50 yesterday...looking at what a lot of people are doing I think I might have to go to $100.
more...
swamy
11-28 01:02 PM
I am not sure we want to gag him - it's kind of late too to do that. But letting the sponsors know they are encouraging hate-groups is good. If this would work CNN itself may have pulled the plug on him
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miceelf88
01-08 03:25 PM
Bartely any movement for ROW either. How does the visa bulletin move to the state projected in the Jan bulletin.
Does anyone know whether State's fiscal year ends in June or September?
Does anyone know whether State's fiscal year ends in June or September?
more...
gjoe
11-02 11:34 AM
All those who are questioning my profile details please check the public profile of mine. It has more info than most of you (Mr.internet) have in your own. To those who are calling to close this thread - Already someone modified the poll and added two new options, I won't be surprised if it is closed. If it is it will only show how fake some of you are when you talk about a few reasons ( not all) why GC backlogged should be solved fast.
Someone wanted the moderators to ban me. Tell me why I should be banned? Do you say you just want everyone to only listen to what you say and what you want them to do? You can't tolerate others' opinions and thoughts?
I am here in this country on H1B since 2000. I am also one of you waiting in this endless queue for my GC. I am also like one of you trying to get my GC fast. But I don't like to lie or twist facts for my convenience.
Thought for the day "Walk a mile in the shoes of an American before you ask them to beleive what you say"
Someone wanted the moderators to ban me. Tell me why I should be banned? Do you say you just want everyone to only listen to what you say and what you want them to do? You can't tolerate others' opinions and thoughts?
I am here in this country on H1B since 2000. I am also one of you waiting in this endless queue for my GC. I am also like one of you trying to get my GC fast. But I don't like to lie or twist facts for my convenience.
Thought for the day "Walk a mile in the shoes of an American before you ask them to beleive what you say"
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Gravitation
07-12 11:44 AM
Friends,
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Rumors seem to be getting stronger by the hour. And all the info is coming from lawyers who are usually conservative in releasing such information.
Don't get your hopes up... just wait and watch. Never worry about anything that's not in your control! That's the way to living nirvana...
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Rumors seem to be getting stronger by the hour. And all the info is coming from lawyers who are usually conservative in releasing such information.
Don't get your hopes up... just wait and watch. Never worry about anything that's not in your control! That's the way to living nirvana...
more...
GCAmigo
02-05 04:35 PM
eb3_nepa's request is valid in the context that spouse of an L1 can take up any Job.. & the spouse of the proposed 'Blue Card" can take up any job.. why not a H4?
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satishku_2000
05-24 11:57 PM
Student loans too ......
http://www.shusterman.com/pdf/senatebill51807.pdf
Page 298 line 11 section 616.
I am not surprised if a Senator brings up amendment to fund all these stundent loans by H1 people.
I am not sure if this bill is ever gonna make it to presidents desk
http://www.shusterman.com/pdf/senatebill51807.pdf
Page 298 line 11 section 616.
I am not surprised if a Senator brings up amendment to fund all these stundent loans by H1 people.
I am not sure if this bill is ever gonna make it to presidents desk
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waitin_toolong
07-17 03:12 PM
I applaud you for starting this effort but the petition needs correction, You are calling Lou Dobbs of lying but all the instances you quote are from Sen Tancredo . You may accuse Lou Dobbs of supporting these lies by letting them stand unchallenged not correcting them.
When we fight we should get our facts straight so that no one can point a finger at us.
I am saying all this at the risk of being ridiculed and abused by some of you. But before you do read the petition again and read my statement with cool head.
Victory will come to those who are righteous not impetuous
We need to document all the inaccuracies floating around and patiently with the backing of facts dismantle each and every one of them.
When we fight we should get our facts straight so that no one can point a finger at us.
I am saying all this at the risk of being ridiculed and abused by some of you. But before you do read the petition again and read my statement with cool head.
Victory will come to those who are righteous not impetuous
We need to document all the inaccuracies floating around and patiently with the backing of facts dismantle each and every one of them.
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p1234
10-04 06:22 PM
It may not be popular here, but IMHO PD porting within the same filing category can be allowed, but not retaining the same PD if you are "upgrading" to another category.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
more...
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santb1975
01-30 05:07 PM
it is at 22 now. I will post this on the so.Cal chapter
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gcisadawg
08-19 02:54 PM
Total Pending applications :700,000 after Jul-07
EB3 : 385000 (at 55% of the total)
EB3-I: 115000 (at 30% of the 385000)
# of pending apps before Sep-2002: 11500 (at 10% of 115000)
EB3-I quota per year: 2940 (at 7% of EB-3(42000))
Years before my priority date becomes current: 3.9:mad::mad:
Total AOS applications pending as of June-2008 is 740,969.
What percentage of them is Eb-3? where did you get that 55% from?
What % of EB3 is from india? Where did you get that 30% from?
Thanks,
g
EB3 : 385000 (at 55% of the total)
EB3-I: 115000 (at 30% of the 385000)
# of pending apps before Sep-2002: 11500 (at 10% of 115000)
EB3-I quota per year: 2940 (at 7% of EB-3(42000))
Years before my priority date becomes current: 3.9:mad::mad:
Total AOS applications pending as of June-2008 is 740,969.
What percentage of them is Eb-3? where did you get that 55% from?
What % of EB3 is from india? Where did you get that 30% from?
Thanks,
g
more...
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praky
08-10 11:23 AM
Thanks gimme_gc2006.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
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doknek
06-10 02:17 PM
Which bill is in the Senate? Can you please post a link?
Below is Full Text of Senators Boxer-Gregg Bill, S. 3084 to Exempt EB Numerical Limit for U.S. STEM Advnce Degree Holders
http://thomas.loc.gov/cgi-bin/query/z?c110:S.3084:
Below is Full Text of Senators Boxer-Gregg Bill, S. 3084 to Exempt EB Numerical Limit for U.S. STEM Advnce Degree Holders
http://thomas.loc.gov/cgi-bin/query/z?c110:S.3084:
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JazzByTheBay
12-13 05:36 PM
Worth exploring...
jazz
How about we start donating services for the IV. I am ready to donate my time and use my energies to generate money for the IV. Ideas can be
1. Shampoo your car ($20)
2 Wash your car ($25)
3 Donate personal DVD's to be rented out to fellow Desis ($2)
4 Dinner and a Movie organized by state chapters. ($100)
5 Collect Cans to recycle
6 More Ideas
jazz
How about we start donating services for the IV. I am ready to donate my time and use my energies to generate money for the IV. Ideas can be
1. Shampoo your car ($20)
2 Wash your car ($25)
3 Donate personal DVD's to be rented out to fellow Desis ($2)
4 Dinner and a Movie organized by state chapters. ($100)
5 Collect Cans to recycle
6 More Ideas
gjoe
10-27 08:02 AM
THE POLL CHOICES HAVE BEEN TAMPERED BY THE MODERATOR. (CHOICES 3 and 4 were not in the original POLL)
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
franklin
07-11 02:02 AM
I am not sure if you are being facetious but I think that is a great idea! :)
No, I'm not being facetious :)
There is always a chance that a well publicized (we are working on that part!) rally might attract opposition to the rally.
I wholeheartedly think that this gesture would be seen as fairly "american" and could defuse tension if it arises. Plus it would link back nicely to the flower campaign as well, and the eventual destination of the bouquets sent.
Political stance on wars aside, I don't think there are many people who don't support the lives on the line.
No, I'm not being facetious :)
There is always a chance that a well publicized (we are working on that part!) rally might attract opposition to the rally.
I wholeheartedly think that this gesture would be seen as fairly "american" and could defuse tension if it arises. Plus it would link back nicely to the flower campaign as well, and the eventual destination of the bouquets sent.
Political stance on wars aside, I don't think there are many people who don't support the lives on the line.
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