anilsal
12-12 01:17 PM
If the attorneys have determined that there needs to be a INA change to allow I-485 filing during retrogression, has anybody bothered to find out what USCIS interpretation is?
USCIS interpretation can be binding!
USCIS interpretation can be binding!
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greyhair
02-11 04:10 PM
I have asked to Vin13 if he/she can get source of information from Ron. If you have good contact with him can you ask for source of info ? Any link to USED vs waste number. Or even any link that made definition of USED visas and waste visas and their number for last year ? I am serious to get this fix this time , if I get a link to some document that clarify. I think that will help so many. Please get some links to information and we should build a team to fight for this.
I'm sorry to say this but this will probably the last you hear from . I've tried my best to find a credible source but it never goes anywhere. People just want to talk in terms of random numbers without any concrete substance. Please count on me to work on this issue if you are able to find anything. But in the absence of credible information I refuse to fall in the trap of immigration body shops.
I'm sorry to say this but this will probably the last you hear from . I've tried my best to find a credible source but it never goes anywhere. People just want to talk in terms of random numbers without any concrete substance. Please count on me to work on this issue if you are able to find anything. But in the absence of credible information I refuse to fall in the trap of immigration body shops.
tapukakababa
07-18 11:30 AM
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
see my earlier post
We will just have to wait and see till our checks get cashed!
see my earlier post
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garybanz
09-27 11:16 AM
I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
Thanks for sharing your brothers experience with us. My sister and Brother in law also took a similar decision about 2 years back and yes they were quite frustrated too, my brother in law even started looking for options to come back to US, for some reason he never returned .
Now they are pretty comfortable, they feel that it takes a while to get adjusted to India again but once they got used to living life the India way they just loved it...now they keep trying convince me to go back ;)
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
Thanks for sharing your brothers experience with us. My sister and Brother in law also took a similar decision about 2 years back and yes they were quite frustrated too, my brother in law even started looking for options to come back to US, for some reason he never returned .
Now they are pretty comfortable, they feel that it takes a while to get adjusted to India again but once they got used to living life the India way they just loved it...now they keep trying convince me to go back ;)
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ajthakur
07-14 06:47 PM
Suppose my employer had revoked the 140 application within 180 days. In that case should I receive a NOID instead of RFE now.
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
alisa
01-23 06:33 AM
I agree, at some point, things break even, because people will frankly get fed up and leave. That point will be somewhere between 10-20 years. And we will then be congratulating the two or three Indians who wait this out.
This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)
The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)
The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)
People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.
I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.
Nothing wrong in trying to change the course though.
This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)
The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)
The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)
People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.
I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.
Nothing wrong in trying to change the course though.
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StuckInTheMuck
07-28 12:17 PM
Okay, from wine shop to religion to law to constitution, what next :)
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reddysn
06-10 09:52 PM
as far as I know what you have mentioned here is correct
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
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aadimanav
09-26 11:57 AM
IV members won.
Wordings changed:
"..The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. ....."
Wordings changed:
"..The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. ....."
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desi3933
02-03 07:15 AM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
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alisa
01-23 08:49 PM
And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.
Data and estimates and links to websites needed for estimating when a PD would become current.
Data and estimates and links to websites needed for estimating when a PD would become current.
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alkg
10-16 11:28 AM
Yes guys we should come together and do something instead of just waiting and waiting.. Most of us have already waited for 7-8 years............now we do not have that strength to wait for another 7-8 years .............
UNITED WE STAND,DEVIDED WE FALL
UNITED WE STAND,DEVIDED WE FALL
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kittu1991
03-17 01:56 PM
Thanks
Just commented on it since he has nothing better to do.
Just commented on it since he has nothing better to do.
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Madhuri
11-22 07:39 PM
If you changed the project and the new project is giving better hourly rate then if you are working on percentage basis, your share will go up.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
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.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
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.
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greencard_fever
04-06 07:38 PM
Please send him this link
http://immigrationvoice.org/forum/showthread.php?t=24126&page=8
He needs to post it himself if he wants to come back and if the story is true.
We need real people talking about it first hand.
Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.
Well said pappu..this friends friend and his friend kind of stories causes unnecessary panic to the people who want to travel to India and may also spoil their trip..once they went to India by thinking about the POE rumours..
http://immigrationvoice.org/forum/showthread.php?t=24126&page=8
He needs to post it himself if he wants to come back and if the story is true.
We need real people talking about it first hand.
Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.
Well said pappu..this friends friend and his friend kind of stories causes unnecessary panic to the people who want to travel to India and may also spoil their trip..once they went to India by thinking about the POE rumours..
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Pagal
07-02 01:45 AM
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
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sunny1000
06-10 04:24 PM
done
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willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
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GC_ki_daud
10-16 09:55 AM
At the risk of sounding Naive.....Want to clarify...:confused:
Who and how do we get the letter notarized .
Does the letter need to have any of our personal case details i.e reciept number etc.
Who and how do we get the letter notarized .
Does the letter need to have any of our personal case details i.e reciept number etc.
return_to_india
10-10 05:42 PM
It is unreasonable to carry a passport at all times when you are living here. What happens if you leave it behind in the grocery store by mistake or leave it in the cab or something? I think the issue reported by the OP is more relevant close to the border. Nobody asks for your passport in Vegas or Denver.
I would advise US govt. to build a system where officers can verify legality by checking the biometrics ( some handheld devices that connect to a DB ) , which should free up one to carry documents while on domestic travel. If biometrics cannot be found then proceed to grill on docs.
I would advise US govt. to build a system where officers can verify legality by checking the biometrics ( some handheld devices that connect to a DB ) , which should free up one to carry documents while on domestic travel. If biometrics cannot be found then proceed to grill on docs.
nivasch
12-13 10:43 AM
Hi, I am from NJ, srini_chenna@yahoo.com
:)
:)
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