rkay
05-04 11:39 AM
Not true ....you still have not provided any convincing argument. All i hear is you ranting about F1-H1 conversion
How do you know that most of the H-1B's dont have intentions to apply for GC? however you know that most of the guys come here to apply for GC? and you know that personally how?
I am not trying to derail the topic here but unless you can prove that there is a fraud involved in people legitimately converting from F-1 to H-1B your theory is pure BS.
F1 issue:
How do I know ? I personally know lot of people doing that ?
H1 issue:
Again I personally know lot of people including myself.
There is no legitimate route from F1 to GC. There is legitimate route from F1 to H1. It stops right there. Personally I don't have anything against people converting from F1 to GC. It is just illegal/fraud.
If you want further proof, compare the number of F1s returned to India vs F1s who settled here.
How do you know that most of the H-1B's dont have intentions to apply for GC? however you know that most of the guys come here to apply for GC? and you know that personally how?
I am not trying to derail the topic here but unless you can prove that there is a fraud involved in people legitimately converting from F-1 to H-1B your theory is pure BS.
F1 issue:
How do I know ? I personally know lot of people doing that ?
H1 issue:
Again I personally know lot of people including myself.
There is no legitimate route from F1 to GC. There is legitimate route from F1 to H1. It stops right there. Personally I don't have anything against people converting from F1 to GC. It is just illegal/fraud.
If you want further proof, compare the number of F1s returned to India vs F1s who settled here.
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pappu
05-07 10:11 AM
lazycis,
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
any lawsuits won citing this provison in the law yet?
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
any lawsuits won citing this provison in the law yet?
jagran
05-06 05:14 PM
:)We EB3-India and China folks needs to get a count and create an action plan....other wise looks like nobody comes to rescue.
It does not matter what PD we are in... unless some change happens in law we are not going to see light at the end of the tunnel.
Things to do
-- Get the count
-- write letters / meet to local Congress men, Senators, Homeland security Chair, President and any body who we think can help us.
It does not matter what PD we are in... unless some change happens in law we are not going to see light at the end of the tunnel.
Things to do
-- Get the count
-- write letters / meet to local Congress men, Senators, Homeland security Chair, President and any body who we think can help us.
2011 versos de amor tristes
eagerr2i
04-29 04:32 PM
There is not going to be one solution to get the economy back on track; infact there needs to be a multitude of things happening simultaneously and this happens to be one of those various measures. The points made by the panel were that these are some of the items worth looking at which would not cost the US exchequer tons of money like what we have seen being spent with out the guarantee of a result that the government wants to see. These are common sense solutions that could be excecised up on
more...
vladdrac
06-14 03:33 PM
nevermind, I saved as.. the link and it got it right
pappu
12-31 01:38 PM
So are we looking at extra-long namecheck delays?
more...
hsingh82
07-06 11:17 AM
You do not have to compete with intolerance of other religions.. the question is do you find it offensive? As many other said its just satirical humor..
2010 Info; triste. versos de amor
ashkam
08-19 03:00 PM
wow SFSweta I haven't seen anyone give this many wrong answers in a single post.
more...
fittan
03-17 01:16 PM
My experience is that it is a big mess to change address. Did it last year for both my wife and my I-485. Had confirmation receipts etc. My change is ok but my wife still shows the old address in the system.
We found that out when we receive a letter that our case was transferred to TSC. The letter was initially sent to the old address, got bounced and then got re-delivered to the new address. We then had a infopass and found that it was still the old address.
Bottom line...go ahead and change but you better verify by calling USCIC and Infppass.
We found that out when we receive a letter that our case was transferred to TSC. The letter was initially sent to the old address, got bounced and then got re-delivered to the new address. We then had a infopass and found that it was still the old address.
Bottom line...go ahead and change but you better verify by calling USCIC and Infppass.
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InTheMoment
02-13 11:05 AM
Hey what a cool job for the DoS official. Copy...then...Paste ..phew ! and sit tight till he/she has to make that giant effort next month :)
more...
tonyHK12
11-11 02:18 PM
Yes legislative relief is needed urgently, and we can achieve that only by supporting and helping IV.
Well its good that they want to expand H1b program anyway.
Interesting thought - Since India just added 50,000 jobs to the USA, would they reciprocate and add 50,000 extra visas available to our pending queue!
Well its good that they want to expand H1b program anyway.
Interesting thought - Since India just added 50,000 jobs to the USA, would they reciprocate and add 50,000 extra visas available to our pending queue!
hot versos de amor tristes. versos
seekerofpeace
08-30 12:24 PM
thanks for your response pd_recapturing.
How did you contact ombudsman? Is there a standard format...is ombudsman a better option than congressman/senator....I have tried the latter in vain...
GCNirvana,
You r absolutely right...USCIS/DHS has converted me from one who used to look at a glass half full into one who looks at it as half empty.....I am cynical but can't help it....the lackadaisical attitude that I see in the USCIS seems to be the same if not worse in the authorities in India that I wanted to escape from long time back....
I desperately want to be optimistic and I hope I become one soon....
Best
SoP
How did you contact ombudsman? Is there a standard format...is ombudsman a better option than congressman/senator....I have tried the latter in vain...
GCNirvana,
You r absolutely right...USCIS/DHS has converted me from one who used to look at a glass half full into one who looks at it as half empty.....I am cynical but can't help it....the lackadaisical attitude that I see in the USCIS seems to be the same if not worse in the authorities in India that I wanted to escape from long time back....
I desperately want to be optimistic and I hope I become one soon....
Best
SoP
more...
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abhijitp
09-27 07:39 PM
Can we at least send in copies of our degrees? Congress is considerig immigratio-related bills, are we gona sit there and let this opportunity pass? WE'VE ALREADY WAITED LONG ENOUGH GUYS!!!!
Jaime, my humble suggestions:
1) please calrify: send photocopies of one and all of our degrees (whether US earned or in your home country)?
2) please calrify: send photocopies to whom? (USCIS does not make laws, they only follow the process defined by the law)
3) please come up with a standard message to go out with the photocopies
4) seek core team approval on this-- a lot more people will do the action item once it is approved. (I have no opinion on doing this, basically am not sure if the timing for this is right, and whom do we send these?)
Thanks!
Jaime, my humble suggestions:
1) please calrify: send photocopies of one and all of our degrees (whether US earned or in your home country)?
2) please calrify: send photocopies to whom? (USCIS does not make laws, they only follow the process defined by the law)
3) please come up with a standard message to go out with the photocopies
4) seek core team approval on this-- a lot more people will do the action item once it is approved. (I have no opinion on doing this, basically am not sure if the timing for this is right, and whom do we send these?)
Thanks!
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jonty_11
02-14 04:35 PM
What the IV Core guidance on this. Should we file comments against this?
more...
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pns27
07-19 10:40 AM
First of all these cases that they approved were being worked on for long time. Last months they just assigned Visa numbers and approved then. They did not work on these cases start to end, just assigning a visa number and approving them.
Second the motivation of putting the extra work was to reduce up coming work load (500K to 750K 485�s) and to avoid the loss of Revenue (not able to collect the tons tons of money as new fee).
USCIS was planning to improve the processing time by investing the expected extra money (extra fee they expected after Julu30) on manpower and resources.
So now they don�t have any motivation, incentive and the resources to work harder. So, they are back to normal productivity pace.
So I expect the productivity at USCIS to be very very low.
Second the motivation of putting the extra work was to reduce up coming work load (500K to 750K 485�s) and to avoid the loss of Revenue (not able to collect the tons tons of money as new fee).
USCIS was planning to improve the processing time by investing the expected extra money (extra fee they expected after Julu30) on manpower and resources.
So now they don�t have any motivation, incentive and the resources to work harder. So, they are back to normal productivity pace.
So I expect the productivity at USCIS to be very very low.
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suriajay12
05-11 09:39 PM
Roseball, thanks very much for your reply.
Guys
Can somebody please help me with more replies, for me the above reply doesn't seem to be more convincing.
Yes i am on EAD, my 7th year h1 is pending from 1 year no rfe till now, i am already due for applying 8th year,
My EAD is valid till oct 2010, at this point since i have applied for 140 appeal, can we not apply an MTR on 485 stating 140 appeal has been applied , so requesting to open 485?
Thanks
Please cool down, everything will be alright..
I dont think 485 or EAD/AP can be appealed/MTR'd based on I-140 appeal. To my knowledge, they will remain in denied status as long as 140 is in MTR/appeal. And once 140 gets cleared, they can be reinstated. Also I guess H1 can be extended in one year exttensions based on 140 appeal pending state. I may be wrong, please check with attorneys or more experienced guys here.
Guys
Can somebody please help me with more replies, for me the above reply doesn't seem to be more convincing.
Yes i am on EAD, my 7th year h1 is pending from 1 year no rfe till now, i am already due for applying 8th year,
My EAD is valid till oct 2010, at this point since i have applied for 140 appeal, can we not apply an MTR on 485 stating 140 appeal has been applied , so requesting to open 485?
Thanks
Please cool down, everything will be alright..
I dont think 485 or EAD/AP can be appealed/MTR'd based on I-140 appeal. To my knowledge, they will remain in denied status as long as 140 is in MTR/appeal. And once 140 gets cleared, they can be reinstated. Also I guess H1 can be extended in one year exttensions based on 140 appeal pending state. I may be wrong, please check with attorneys or more experienced guys here.
more...
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gc4me
03-13 09:35 AM
My I-824 which I filed to get a copy of I-140 has been denied.
This is FYI to all who are trying to get a copy of their I-140.
DO NOT APPLY I-824 TO GET A COPY OF I-140, APPLY THROUGH FOIA.
I GOT MY COPY OF I-140 APPROVAL THROUGH FOIA.:D
The timing can not be any better as 180 days is looming. :D
People here, who are willing to invoke AC12, please be aware that you should have a copy of your I-140 Approval in your hand for your reference in case of any RFE is issued.
I want to share this good news with all of you. My DESHI employer and his attorney both of them are b*^%! and did not provide me copy of my I-140 in spite of numerous request. So I tried to get a copy of my I-140 approval using FOIA and I sent an application with USPS priority mail on 7-MAr-2007.
Yesterday (24-Jan-2008) I got my copy. I also applied using I-824 in July which had yet to be approved ($200 is a total waste).
This is FYI to all who are trying to get a copy of their I-140.
DO NOT APPLY I-824 TO GET A COPY OF I-140, APPLY THROUGH FOIA.
I GOT MY COPY OF I-140 APPROVAL THROUGH FOIA.:D
The timing can not be any better as 180 days is looming. :D
People here, who are willing to invoke AC12, please be aware that you should have a copy of your I-140 Approval in your hand for your reference in case of any RFE is issued.
I want to share this good news with all of you. My DESHI employer and his attorney both of them are b*^%! and did not provide me copy of my I-140 in spite of numerous request. So I tried to get a copy of my I-140 approval using FOIA and I sent an application with USPS priority mail on 7-MAr-2007.
Yesterday (24-Jan-2008) I got my copy. I also applied using I-824 in July which had yet to be approved ($200 is a total waste).
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monkeyman
03-02 10:29 AM
There is no pickle - read below!!! Good luck
When labor was approved the salary mentioned was 53K.....when I-140 was approved salary mentioned was 55K.......The salary mentioned on the employement verification letter for I-485 was 70K (saw a big jump in that one year owing to passing some certification exams).....and am currently making about $75 K today at the sponsoring employer........the prevailing wage for the labor position in the region as per FLC data center today is $67K......and the new offer is $77K.......too many numbers!! Now here are questions for your expert opinion......
1. When I spoke to a well known lawyer, he mentioned that the salary USCIS looks at is the salary at the time of labor approval/I-140 time.... Now if you compare the new offer 77K with the labor/I-140 salary of 55K....that is a 40% jump and is I think dangerous territory!! Any thoughts on this issue??
I do believe that you either misinterpreted your lawyer or you missed some details in your post (like a promotion or change in job role or added responsibilities) - however, I will answer based on your post
- your salary cannot be less than your I140/LC reported salary (based on prevailing wagews for the year that you have filed).
Based on all the numbers you have posted and my interpretation (I made mental notes), your current salary is 75K which is higher than what you filed your I140 (55K). Now this salary raise is based on your attaining additional certification and inflation adjustment - but not due to your job responsibilities being changed or you being promoted. So as long as you are in the same position as you were when you filed your LC/ I140, you are golden. There are no red flags. The worst that can happen is you might get an RFE and you will need to attach the paystubs that shows the pay raise in chronological order with a covering letter and copies of certification. And another letter from employer that details your job title and responsibilities. And your job title must be the same as when your company filed for your I140. If that has changed, then yes - you have a valid concern. Because the understanding when your company filed for Labor there was no US Citizen to fill that specialized position. So you getting a promotion will leave that position vacant and it could be challenged.
2. The prevailing wage for the labor position today, when the new offer will be accepted, in 2008 as per the FLC data is $67K....now can we defend the salary up to $68K based on this increase in prevailing wage? Or will the USCIS still look at the prevailing wage in 2005 and say that the standard is 55K??
I have answered this - your wages must be a minimal of the prevailing wages - anything less than that (for the year you filed your I140)and you are underpaid. You can go higher than prevailing wages. That is between you and your employer. USCIS has no say in that. But you cannot go below prevailing wages that existed for the year you filed LC / I140!!!
3. The lawyer asked me to get me an offer letter with language, "the compensation will be at a minimum $-----" so I got another offer letter from the new employer saying the salary will at minimum be $67K (Today's prevailing wage)........now the real salary will be 77K ....technically this is not wrong because the offer letter says minimum 67K....but if the USCIS looks at paystubs and W2 they will see that the rate is 77K and not 67K.....will this be considered as fraud as far as USCIS is considered???
Smart decision by your lawyer - read what you wrote - minimum $ - maximum can be what you want!!! So if you have got 100K, who cares - there was no max ceiling set or defined in first place. So you are not misleading or creating a fraud - you are sticking with the letter that has minimum base, but nothing to do with maximum ceiling. Its like an iceberg - just that you don't see the base. As a tourist, you don't care, as a captain of the ship, he would have to worry - same deal - USCIS needs evidence that you are getting paid a minimal amount so as to prevent a job market from being hurt from low labor cost. They don't care how much U more than that u make.
4. Overall the salary goes up in our industry at about 5-7% a year.....Now the labor was done three years ago in 2005....at 7% annual increase.....can we not defend 67K as per industry norms.......or will USCIS look at the hard line 55K number as far as similar position is considered??
The year's prevailing wages is what they look at. Those things are available data with your application form. And this is a mute question as again, there is no ceiling.
5. Just to avoid complications....I may also accept 67K as salary for a few months and then work out a deal to increase later.....any thoughts...
No need to - its a stupid move.
Your expert opinions will be a very much valued Inpu....please please respond with your thoughts......[/QUOTE]
When labor was approved the salary mentioned was 53K.....when I-140 was approved salary mentioned was 55K.......The salary mentioned on the employement verification letter for I-485 was 70K (saw a big jump in that one year owing to passing some certification exams).....and am currently making about $75 K today at the sponsoring employer........the prevailing wage for the labor position in the region as per FLC data center today is $67K......and the new offer is $77K.......too many numbers!! Now here are questions for your expert opinion......
1. When I spoke to a well known lawyer, he mentioned that the salary USCIS looks at is the salary at the time of labor approval/I-140 time.... Now if you compare the new offer 77K with the labor/I-140 salary of 55K....that is a 40% jump and is I think dangerous territory!! Any thoughts on this issue??
I do believe that you either misinterpreted your lawyer or you missed some details in your post (like a promotion or change in job role or added responsibilities) - however, I will answer based on your post
- your salary cannot be less than your I140/LC reported salary (based on prevailing wagews for the year that you have filed).
Based on all the numbers you have posted and my interpretation (I made mental notes), your current salary is 75K which is higher than what you filed your I140 (55K). Now this salary raise is based on your attaining additional certification and inflation adjustment - but not due to your job responsibilities being changed or you being promoted. So as long as you are in the same position as you were when you filed your LC/ I140, you are golden. There are no red flags. The worst that can happen is you might get an RFE and you will need to attach the paystubs that shows the pay raise in chronological order with a covering letter and copies of certification. And another letter from employer that details your job title and responsibilities. And your job title must be the same as when your company filed for your I140. If that has changed, then yes - you have a valid concern. Because the understanding when your company filed for Labor there was no US Citizen to fill that specialized position. So you getting a promotion will leave that position vacant and it could be challenged.
2. The prevailing wage for the labor position today, when the new offer will be accepted, in 2008 as per the FLC data is $67K....now can we defend the salary up to $68K based on this increase in prevailing wage? Or will the USCIS still look at the prevailing wage in 2005 and say that the standard is 55K??
I have answered this - your wages must be a minimal of the prevailing wages - anything less than that (for the year you filed your I140)and you are underpaid. You can go higher than prevailing wages. That is between you and your employer. USCIS has no say in that. But you cannot go below prevailing wages that existed for the year you filed LC / I140!!!
3. The lawyer asked me to get me an offer letter with language, "the compensation will be at a minimum $-----" so I got another offer letter from the new employer saying the salary will at minimum be $67K (Today's prevailing wage)........now the real salary will be 77K ....technically this is not wrong because the offer letter says minimum 67K....but if the USCIS looks at paystubs and W2 they will see that the rate is 77K and not 67K.....will this be considered as fraud as far as USCIS is considered???
Smart decision by your lawyer - read what you wrote - minimum $ - maximum can be what you want!!! So if you have got 100K, who cares - there was no max ceiling set or defined in first place. So you are not misleading or creating a fraud - you are sticking with the letter that has minimum base, but nothing to do with maximum ceiling. Its like an iceberg - just that you don't see the base. As a tourist, you don't care, as a captain of the ship, he would have to worry - same deal - USCIS needs evidence that you are getting paid a minimal amount so as to prevent a job market from being hurt from low labor cost. They don't care how much U more than that u make.
4. Overall the salary goes up in our industry at about 5-7% a year.....Now the labor was done three years ago in 2005....at 7% annual increase.....can we not defend 67K as per industry norms.......or will USCIS look at the hard line 55K number as far as similar position is considered??
The year's prevailing wages is what they look at. Those things are available data with your application form. And this is a mute question as again, there is no ceiling.
5. Just to avoid complications....I may also accept 67K as salary for a few months and then work out a deal to increase later.....any thoughts...
No need to - its a stupid move.
Your expert opinions will be a very much valued Inpu....please please respond with your thoughts......[/QUOTE]
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WeShallOvercome
07-24 12:32 PM
Yes, 3 year extension is only available to you if your I140 is approved and your PD is not current. At the time of filing the H1 extension
mzafar125
10-09 11:44 AM
Your wife should not have any issues with getting her Visa extended. My wife got her Visa stamped in Islamabad the very same day. You wife will need to submit her passport and forms to a American Express office. She will then be asked to appear at the embassy with supporting evidence. This would be your H1-B externsion, letter from your company, and maybe a few paychecks. She should be given the Visa the very same day.
They do not hassle women but the wait time for men can be a few months. So I would not recommend you trying to leave the country. My buddy just got back from Pakistan after a four month long security check. I wish we could do the damn security check while in the US. In any case I hope this helps. If you need any further assiatnce just contact me off line. Good luck.
They do not hassle women but the wait time for men can be a few months. So I would not recommend you trying to leave the country. My buddy just got back from Pakistan after a four month long security check. I wish we could do the damn security check while in the US. In any case I hope this helps. If you need any further assiatnce just contact me off line. Good luck.
B3NKobe
02-08 02:48 AM
Thanks B3NKobe:blush:
;) :kommie:
;) :kommie:
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