sunty
11-11 09:37 AM
vin13,
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible way. Please let me and all the other members know.
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible way. Please let me and all the other members know.
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reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
cgs
11-22 02:54 PM
I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.
And how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
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 how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
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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Almond
07-05 01:50 PM
1) Moderators have the ability to delete stuff and the rest of the IV members need to smart up and not answer off-topic questions
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
Oh, you are just mean now!:p
I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
Oh, you are just mean now!:p
I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.
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ramus
07-06 03:13 PM
New members and old non contributing members who were questioning why we need fund if we not going for law-suit, I wish now they will understand with the recent development that why we need money.. Because of IV we are having our voice heard. Just think where you could be and who will listen to you if there is no IV..
I hope new members will come forward and old members will come out of dark and will contribute..
Thanks.
I hope new members will come forward and old members will come out of dark and will contribute..
Thanks.
alterego
06-08 07:09 PM
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
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immigrant2007
03-12 10:29 AM
Sorry to break your heart. People use a the words like "ass" and "dick" all the time, nobody really mind reading these words. Why would the same words in Hindi be so offensive ???
Think about that.
You called me Dick Head, would it be fair if I call you Lund Ka Topa. Its the same thing, just translated.
Apologize if I offended someone else, I was trying to be funny.
Haribhai
Tranlsation of dickhead is not correct (there might be some interpretation on your part)
Think about that.
You called me Dick Head, would it be fair if I call you Lund Ka Topa. Its the same thing, just translated.
Apologize if I offended someone else, I was trying to be funny.
Haribhai
Tranlsation of dickhead is not correct (there might be some interpretation on your part)
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eb3_nepa
02-14 12:50 PM
Retrohatao,
The point we are trying to make is, that we want to make the GC process ENTIRELY simple. There are various stages at which the applications are getting stuck right now. Labour, 485, Name check etc.
Just to confirm, i am not comparing anything to anything. Even the plight of the spouses not being able to work and kids aging out is equally distressing to the person on whom it has befallen upon. Just like you feel despair with the Name check we all feel an equal amount if not more despair at our various issues. When i said "sub issue" i mean it is ONE of the many issues that is obstructing the path to the Green card.
We appreciate that you brought the name check clearance to our notice as some of us were not aware that it was a problem. But please, for everyone's sake, do not compare 2 situations. We are all in this mess together and together we shall rise from it. For that we need to be united. :)
The point we are trying to make is, that we want to make the GC process ENTIRELY simple. There are various stages at which the applications are getting stuck right now. Labour, 485, Name check etc.
Just to confirm, i am not comparing anything to anything. Even the plight of the spouses not being able to work and kids aging out is equally distressing to the person on whom it has befallen upon. Just like you feel despair with the Name check we all feel an equal amount if not more despair at our various issues. When i said "sub issue" i mean it is ONE of the many issues that is obstructing the path to the Green card.
We appreciate that you brought the name check clearance to our notice as some of us were not aware that it was a problem. But please, for everyone's sake, do not compare 2 situations. We are all in this mess together and together we shall rise from it. For that we need to be united. :)
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GCKaIntezar
12-29 07:51 PM
Hi AK27 and Varsha,
Please count me in for the NJ chapter. I'm from Central Jersey and will call-in for the next conf. My email id: tosanjay_b@yahoo.com
Cheers!
GCKaIntezar
Hello Everyone,
I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..
Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..
Thank you
ak27
Please count me in for the NJ chapter. I'm from Central Jersey and will call-in for the next conf. My email id: tosanjay_b@yahoo.com
Cheers!
GCKaIntezar
Hello Everyone,
I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..
Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..
Thank you
ak27
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pappu
06-14 08:50 AM
/\/\/\
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willgetgc2005
02-15 08:05 PM
Retrohatao,
You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.
You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.
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dhesha
07-12 07:20 PM
Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?
How one can find any VISA number is assigned to him? Also does this VISA number mean the GC number or just an A number?
How one can find any VISA number is assigned to him? Also does this VISA number mean the GC number or just an A number?
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prioritydate
12-20 04:26 PM
Please just dont worry about it too much , there are also chances that you may not get an RFE. There are chances that you may get an RFE but you dont know what USCIS will ask from you. You need to have RFE in hand to prepare response for that.
I know that I may or may not get an RFE. I just want to find out if any of you guys are in the same situation. I am sure that some people didn't worked due to the economic situation during 2000-2001. Since I am not entirely sure what should I do if I get an RFE, I just want to find out. If the IO ask me for a proof of work, then I may not provide it. I don't have w2, I didn't filed tax returns, don't have pay stubs; not sure what status I was in at that time. My i-94 was still valid, but I just didn't worked during that time period. If IO ask me to provide w2, I simply have to pack my bags!! :eek:
I know that I may or may not get an RFE. I just want to find out if any of you guys are in the same situation. I am sure that some people didn't worked due to the economic situation during 2000-2001. Since I am not entirely sure what should I do if I get an RFE, I just want to find out. If the IO ask me for a proof of work, then I may not provide it. I don't have w2, I didn't filed tax returns, don't have pay stubs; not sure what status I was in at that time. My i-94 was still valid, but I just didn't worked during that time period. If IO ask me to provide w2, I simply have to pack my bags!! :eek:
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gcobsessed
07-11 08:40 PM
I consider this movement of dates a ticket to enter a lucky draw. Whatever visa numbers remain to be used in last two months of the fiscal year is going to be allocated at random to people who have their PD current in this period. So, congratulations to whoever gets lucky.
Well, your luck might be influenced by a variety of reasons like when you sent your application, whether your 140 is already approved, is it a complicated case, pending RFEs, etc. Nevertheless, it still is good news that so many people are now eligible to participate in the draw...
Well, your luck might be influenced by a variety of reasons like when you sent your application, whether your 140 is already approved, is it a complicated case, pending RFEs, etc. Nevertheless, it still is good news that so many people are now eligible to participate in the draw...
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rajsand
09-26 11:36 AM
Sent a message to the editor.
Maybe we should let other news sites know about CNN's defaulting if they do not make corrections even after many requests!
Maybe we should let other news sites know about CNN's defaulting if they do not make corrections even after many requests!
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shreekarthik
08-02 02:01 PM
you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"
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wizkid732
07-29 01:44 PM
you crack me up. You seem to be really pissed off and dont want to listen right now beating around the same point. Take a deep breath, calm down and think about reality.
An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.
Are you suggesting that in their offer letter they should imagine all the possible scenarios.
Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.
I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.
Are you suggesting that in their offer letter they should imagine all the possible scenarios.
Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.
I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
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legal_la
07-02 06:05 PM
contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.
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McGuffin
02-23 02:17 PM
Yeah, I need a set done date, I might not be able to get this one done.
karanp25
07-14 06:34 PM
That's possible too. Please share when you received this RFE?
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
coopheal
04-11 05:11 AM
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
And you inferred this from EB3 Mexico becoming Unavailable in month of May.
And you inferred this from EB3 Mexico becoming Unavailable in month of May.
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