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  • snathan
    03-21 04:07 PM
    Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.

    Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.


    Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
    Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.

    If New H1B and Transferred H1B are same....then problem is solved.

    Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.

    Thank you everyone who responding to my post.

    Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.




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  • Sunx_2004
    03-26 11:52 AM
    Agree..
    Only people with PDs before 2005 know the pain of wait at backlog centers,
    If there was no PERM...lot of EB2 guys (including those who oppose porting) with priority 2005 and later would have missed window of July 2007


    Porting process is a legit process and for well qualified EB-3 india folks thats the only ray of Hope.

    You can rant about it but noone going to stop the porting process becaue the folks who initially filed under EB-3 are now eligible to get Job promotions , new roles and responsibilities in their Career and in some cases new Sr. Job positions which are qualified EB-2. By the way they do file new PERM labor and new I-140, it is not a automatic qualification just based on number of years waiting in the endless EB-3 india queue.

    Under the current circumstances where EB-3 india doesnt get any spillover numbers or any such relief like VISA recapture bill, do you expect them to go behind the lines with new EB-2 PD? What about the wait period in the backlog centres, in the PERM process and for few I140 stage waiting period? Its the law and people are following it. You can try porting to EB1 if you are qualified enough and port your EB-2 PD to EB-1.

    Just because you are qualified initially for EB-2 doesnt mean others are inferior and they are not eligible to port to EB-2.




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  • Macaca
    09-10 04:24 PM
    Life is not a static thing.
    The only people who
    do not change their minds are
    incompetents in asylums, who can't, and
    those in cemeteries
    Everett M. Dirksen




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  • abhijitp
    02-18 01:19 PM
    Impossible to catch up with you:)
    But NORCAL did collect 92 over the last weekend. I collected 40 of those (takes me to 197), the reason to mention this is, it is way too easy for anyone to do this, and people better had strong reasons to not do it!



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  • indyanguy
    10-02 07:09 PM
    A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.

    I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.

    If I request my employer not to revoke I140, will I be able to use my EAD for my next job?

    Can someone give suggestions on what other options I have if something terrible happens to me?

    Thanks




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  • senthil1
    06-09 03:35 PM
    I have one question regarding your view. Actually point system gives points to the US experience and employer sponsorship. Because of limited number of greencards Those who are not having both of this may not be able to get green card. If you give your calculation everyone will get clear about. I think MS with 5 year US experience will get more points than fresh Phd. That serves the purpose. If that is the case then only eligible people will get gc.

    Gautamagg (Gautam Aggrwal) is Columban.

    Gautam: If you have difference with Immigration Voice's position in opposing the merits based system that gives 21 points being illegal and 20 points for having MBA or MD, then you are entitled to have that opinion, but dont peddle your agenda on this site and find another website or forum to advocate in favor of merits based points system.

    Merits based point system awards supplemental points for illegals. Being illegal is not an accomplishment. Having an MBA or MD is. The two cannot be awarded merits on the same scale.

    Merits based point system works well in countries that dont have annual caps. Like Canada. Their objective in Canada is to fill the country with younger working population in order to balance to demograph that is headed to an aging population. USA is not like that and having points system in conjunction with numerical caps will cause greencard to go to paper-tiger resumes that have lots of points but not employable. There are millions of Ph.Ds in Science in India and China and they would not be employable here but would get GCs. Just like Canada, we would have greencard holders with Ph.Ds and MBBS driving cabs. Employability has nothing to do with papers that prove how many years you spend on colleges accumalating degrees.

    A bachelor's degree from Harvard and a Bachelor's degree from Rutgers would get same points : 16 points. Is that really a measure of merits?

    But again, if you feel that point system is great, issue press release on your own and peddle your agenda on your own but dont use this site to peddle that agenda. You are free to discuss with other members but dont issue press release and dont speak to the media on behalf of IV. Speak to the media as an individual.

    The position of immigration voice on points system is very clear and it will stay that way.



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  • nojoke
    09-12 08:43 PM
    To the major headache we will be facing. Economy.
    It is going to get nasty and there will be massive layoffs. We will have to hope for a quick recovery. Just today lehman, then washington mutual...who knows what is in store next. I heard that car companies are asking for bailouts. We got to end this war and spend the money here on improving the economy. All this money wasted in war is draining the economy...




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  • GCNaseeb
    08-08 04:17 PM
    I think many of us go through these kind of tragedy. One of my friends got laid off last month and his employer did not give him the letter to file I-485. Now he is back to the line where he was way back in 2000. He has to start his whole immigration process all over again. This guy lost job twice just before he could adjust his status. He is in USA from over 10 years now and he holds nothing but a PD of 2002. There is nothing in US Immigration Law to protect folks like him. What a shame to the US Immigration system.

    This may happen to many of us, not only on the job front, anywhere down the line, untill we get our Green Card. For example, what if USCIS reject our application at the end moment, or else what if USCIS deny our I-485 for a reason beyond our control; there are tons of reasons, our life is shaky until we get our green cards.

    Would that be nice if we ask something to protect us just like AC 21? For several folks, even to get to the stage of AC21 is a big milestone. Is it not the time to ask congress to protect all H1-B holders who play by rules and who are here over 10 years, with something similar to AC21? When they can consider giving green cards for those undocumented who are here since only 2005, what we legals ask for; besides just play by the rules and stand in the line and leave everything at the mercy of the adjudicator?

    There should be some protection for those who come under these unforeseen clutches of law, besides fighting for mere retrogression.

    Quote:
    Originally Posted by eb3_nepa
    We need a more definitive goal and list of requests/demands dont we? Just ending retrogression is too broad and vague.

    Please help!!!!!!

    I just filed i-485. My pD is Jan 2004
    i-140 has been previoulsy approved. I was laid off but my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
    I have another employer which I am working now with.
    How likely is to get an approval (or an rfe for paystubs?) before 180 days.
    I am eb3 row
    Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending



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  • anilsal
    12-01 09:28 AM
    The other issue with sticking onto the current job is that the employer (if big corp) has a clause that says that you cannot work on any tech that you use in your job, external to the company. "Conflict of Interest" etc.

    Open Source is a good avenue for IT people to keep their skillset current while doing good to the community.




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  • HV000
    03-20 03:44 PM
    USCIS must first teach its officers on how to interpret the procedures, bulletins, etc. We will then make a logical inference/interpretation after studing the trend :o



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  • samcam
    12-11 03:40 PM
    Logiclife,
    I know you have done a lot for IV.. no body needs to vouch that.. i have seen you in action..but.. i disagree with you on only one thing, calling names.. I understand your frustration, but as a leader you cannot set a bad example... No leader has ever got people to do the right things by calling them names.. while your intent is right, you have done more harm than good by starting this flame war..

    I guess the right thing to do for the texas chapter is to call the members and find out what happened. We have chapter members phone number right?

    I myself was slated to attend the MO chapter meeting, but could not do so and I called the co-ordinator to let her know..

    remember having people skills is not the same as being politically correct..

    Again everything you said is right on point except for calling names.. I respect you for having done SO much till now and I believe you will raise the expectations of new comers with right actions and right words!

    ---------------------------------------------------------------------
    Please contribute for the omnibus bill..
    ---------------------------------------------------------------------

    I have said what I have felt. I am not going to be politically correct, never have been. This is not a forum for pracitising genteel speeches, pampering and politically correct messages.

    If you RSVP that "I will come" and the host prepares entire day for meeting, makes her daughter skip the extra carricular activities, ends up using better part of weekend for an event she is thinking will be attended by you, but you dont show up even and dont even bother to call they you are cancelling, then you ought to be ashamed of yourself. If you do something like that in your workplace, then you will get fired. If you signup for a volunteer training/conference on behalf of your company, get company to book your travel, make them spend time/money and then on day of travel, you dont even show up at the airport and attend conference/training that you volunteered to attend, then you will get fired. You wont get fired from Immigration Voice and there are no personal consequence to your bad, lousy manners therefore its afforable to do so, and so you can do it.

    If you think EAD is the end of the road and you are free now with AC21 options BUT on the contrary you feel more and more need to visit forums here, on Khanna portal, on Murthy's forums/chats then probably you are wrong, you are not free. You are still bound by strings that restrain your mobility and freedom.

    LURKERS : And finally, if the only reason (and this is the most common reason) for not volunteering or participating in activities or contributions is that you are afraid of USCIS or some agency retaliating against your pending 485, and the problem is cowardice. The most common reason why we have 3 times more "visitors" then logged in members is that "visitors" are afraid of the government in the most democratic and free country in the world. I need you to login so that I can get email and information about you so that I can seek your help. And I dont need your help for my own personal gain. I am not going to sell you used cars to send you spams and advertisements about something I am selling. I am one of you. Struggling and fighting against an unfair system. I need your email - not to sell you fortune cookies - but to ask for funds, ask you to attend local events, ask you to meet lawmakers. None of these things bring a single penny to my bank account. None of these things make my PD current. This is for you, if you think you are up for it. But if you are a coward then no one can help you. And if you are offended by being called a "coward" by me, then you are too coward to even recognize that you are a coward.




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  • jayram123
    07-09 03:22 PM
    Can you send multiple applications in the same package.

    Coz. my attorney gave me a tracking number and there are almost 4 names in the reference section of the Fedex Online Tracking System.


    As long as they are separated inside with rubber bands and cover sheets, this is OK. This is very typical of how most law firms do it. This is actually covered in tips on how to assemble your packet. You are fine.

    Don't worry. Take Relax (something someone I know used to say :) )



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  • GCwaitforever
    06-26 02:10 PM
    We need 15 more senators to switch to NO for this to fail (not just 5). There will not be another cloture. This cloture gives 30 hours of time to debate those 24 amendments. Then there will be a final vote for the bill with 50+ votes passing the bill. Remenber Dick Cheney, the tie breaker. So we ought to have 51 NO votes.




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  • chaanakya
    04-10 02:01 PM
    Those who do talk and blame in the anonymity of the web andnever do anything and keep hiding behind their closets expecting sky to fall are the one who "don't wear clothes"



    Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)

    On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??

    I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"

    Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).



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  • franklin
    09-27 11:11 AM
    A total of 2.5M cases pending (AOS and naturalization), only 1.2M are ready for action.
    For true backlog numbers look here, Ombudsman report, Page 14.
    http://www.ilw.com/immigdaily/news/2007,0619-ombudsman.pdf

    1.3M backlogged cases TOTAL (includes naturalization), out of which more than 800K are retrogresed family-based AOS petitions, and what looks like 30K EB petitions (cannot be approved due to statutory limits). 300K cases in namecheck, maybe 10% of them are EB (EB is about 13% of green cards), so we are having about 60K truly backloged EB cases in March 2007.

    We know that cases that are current and not stuck in FBI checks are being approved farily fast, so my gut feeling is they have maybe 50-80K EB cases in active adjudication. Let's double-check -- out of 1.2 million cases ready for action, about a half is naturalization, and from the other half, ~13% would be EB - yep, 80K (EBs are the easiest to approve because there are no interviews or tests, so the percentage is likely less than 13%).

    So, in March 2007 there were a total of no more than 140K pending cases in I-485 stage of stocessing. Now in June-August EVERYONE who had an approved LC got to apply, and there were ~300K applications, while CIS gave out ~70K green cards, so we would have a total of 370K pending petitions. This estimate is surprisingly close to 13% of the total 2.5M backlog, so I would consider it good.

    Again, I absolutely do not believe there are more than 500K EB1-EB3 cases. There may be another 500K in the 'other worker' category, but this is not what we are talking about here.

    We can argue who is right on the numbers for a long time, The Ombudsman, who quote that they can not say for sure what the numbers are, or the kauffman Report who claim 1.1 million. Even if we go with your number of "no more than 500K" - thats a 3 year wait if there are no more country caps.

    Also from the Ombudsman:-
    "In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards." - Pending applications for employment-based green cards means "application approved pending visa number availability" - ie all but approved - waiting for a visa number, not all 485 applications.

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending"

    I'm obviously not adding those numbers together, but I really believe that the numbers are larger than we think.

    Remember to take out the visa's unsued each year (per the ombudsman, in the last 3 years, thats only 100k wasted) that brings down the number of visas available, and remember there are other visa paths into greencard application, not just H1B.

    They also think there are roughly about 170K at BEC... that haven't hit yet. Add that to the number - all with old PD so you better believe their dates will come current sooner.

    If you've read the Ombudsman's report, you should have figured out that things are NOT moving quickly

    I've just realized, are you looking at just 485 numbers and not everyone in the EB GC queue?

    Finally - if you've read the Ombudsman report from the past few years, they will look very similar to this years' one (although they gradually get more and more bleak). Nothing has change to make the situation better, so the expectation that all of a sudden things will get fast now still baffles me.




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  • gapala
    03-20 08:29 PM
    So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the MEP B's petition is approved I lose the approved peition with EMP A ??? I know the answer but want to see your take....... (No. as your scenario is quote, Emp B applied for a H1B (assume new filing). Emp A H1B is also valid as long as one of them is your primary sponsor with full time job. If Emp B transfers an approved H1B for Emp A, then Emp A as a sponsor cease to exist. Emp B becomes the new sponsor. Hence any work done for Emp A will be unauthorized.)

    To answer your question Yes nuthing gets transfered. again Really? Every time its a new h1b there is no transfer of anything. You can have 2 or more valid approved petition from different employers (I agree, only if they both are new seperate H1B filings by 2 sponsors) but you can use only one at a time. Here you go again... (You can use as many as you want as long as you have a primary fulltime job with primary sponsor. other H1B's can be parttime jobs at the same time)

    Pay - They are liable and USCIS can question them. All they will have to do is show that this employee (OP) was no show never joined the company so basically agree with you here.

    What can I say to you?



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  • nrakkati
    03-20 07:11 PM
    not be as simple as H1 renewal. G325 is pretty important form. The information provided on it is wrong. They could treat it as falsifying document.

    OP please contact your lawyer asap.

    Thanks gcformeornot, for your response.

    Info I provided on G325 is correct. I have only worked for 'Employer #1' and 'Employer #2', which I entered in G325. I have never worked for 'Employer X' and I did not mention 'Employer X' in G325.

    Thanks.




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  • dealsnet
    10-16 11:33 AM
    Any Good Lawyer in Bloomington , Indiana.
    Please recomend.
    Even in Indianapolis is ok.




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  • frankiesaysrelax
    05-30 05:37 PM
    Hoping this helps. $250.00 sent via Paypal, unique Transaction ID #56A31011CU0883914




    Jaime
    09-11 03:40 PM
    Are you EB3? Your wait just got much longer! (October visa bulletin), what better reason to change your mind and come to DC????




    Jaime
    09-04 04:35 PM
    I would love to attend the rally. However my financial condition at this time does not permit me. I could have booked a ticket on my credit card but all my cards are max out!
    You want to know why I am in this financial deep hole? Well, I have two sons in college and paying out of state tuition, that is over $17,000 per semester for both of them.
    My wife on H4 could not work until now that she has an EAD. It is retrogression that I should blame and I would love to do all in my power to obtain relief or bring the issue to the attention of the American public.
    In my own way I have contributed to IV both in cash and in kind. I have told me story in countless media interviews. I only wish I could do more for IV financially but alas I am not able to do that at this time.
    I would be in the rally in spirit....only I wish I could attend in person.

    Who else is in? Let's get fromnaija to Washington! Message me man!



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