amitjoey
11-01 10:03 AM
Talk to your local congressman/woman's office or Senator's office. Their office can get it expedited
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meridiani.planum
07-19 07:16 PM
1.Apply for new H1 petition(premium processing) for you before July 31.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
tnite
07-19 11:46 AM
For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
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EkAurAaya
06-12 04:50 PM
After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!
Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D
Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.
And now a little prayer to calm down Soul!
"May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D
P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.
Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D
Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.
And now a little prayer to calm down Soul!
"May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D
P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.
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chanduv23
03-11 03:55 PM
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
pappu
12-31 01:48 PM
I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
1) It all depends on where you live and who is your lawmaker. You need to look at lawmakers profile. Are they in any committee etc?
2) If you have already established good relations with the office due to IV work, it may become easy. Since you are an old IV member, and you may have already visited their office for state chapter work,IV action items and made calls, you may contact them now for your application status.
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
1) It all depends on where you live and who is your lawmaker. You need to look at lawmakers profile. Are they in any committee etc?
2) If you have already established good relations with the office due to IV work, it may become easy. Since you are an old IV member, and you may have already visited their office for state chapter work,IV action items and made calls, you may contact them now for your application status.
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naveenarjun
07-17 10:58 AM
Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
Not all H4 are going to be in the hig-tech industry
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
Not all H4 are going to be in the hig-tech industry
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alisa
04-14 11:22 AM
Sorry about my ignorance. I had made an incorrect statement confusing 'Other worker' category with EB-3. I deleted that.
Anyways, this date will go back once the backlogs are eliminated. Just like they pulled 'Aug 03' out of their asses this month, they will pull another date in six more months.
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
Anyways, this date will go back once the backlogs are eliminated. Just like they pulled 'Aug 03' out of their asses this month, they will pull another date in six more months.
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
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isantem
07-29 01:56 PM
Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.
It is such a shame that this country covers up racism with "diversity" in this 21st century.
Probably you are right. But the issue is not the country limit!!!!!!!!
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.
It is such a shame that this country covers up racism with "diversity" in this 21st century.
Probably you are right. But the issue is not the country limit!!!!!!!!
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
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asindu
07-14 06:57 PM
Its not only for illegals but its also for kids of legals that aged out due to retrogression or backlogs in visas...plz don't be selfish with view points like "it doesnt help us so im gonna oppose it"....instead help the children who aged out due to the visa backlogs!!! Read what Greg Siskind wrote:
FYI - You can read the bill at http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: . Note that it applies to kids who entered illegally and kids who entered legally but became illegal later.
On the 245(i) question, unfortunately I have heard nothing about this being reintroduced any time soon.
Posted by: Greg Siskind | July 14, 2007 at 05:24 AM
FYI - You can read the bill at http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: . Note that it applies to kids who entered illegally and kids who entered legally but became illegal later.
On the 245(i) question, unfortunately I have heard nothing about this being reintroduced any time soon.
Posted by: Greg Siskind | July 14, 2007 at 05:24 AM
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inskrish
08-05 10:40 PM
EB2
PD: May.2004
Name Check pending.
PD: May.2004
Name Check pending.
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santa123
12-01 01:03 AM
Hi,
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.
My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.
Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.
Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?
Good luck!
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.
My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.
Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.
Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?
Good luck!
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greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
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desi_voice
04-16 03:56 PM
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
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chtting2me
10-09 06:47 PM
Hi,
I filed I485 and my I140 got cleared. My employer is not willing to give my Approved I140. I am not sure why he is holding my I140. I dont have have any idea to change job at this time.
I am working with everest technologies there web site address is www.everesttechinc.com.
I hope this is the right place to share over view and ideas thats the reason i am posting my questions here.
1) Do we really required I140
2) Is any one here working with everest technologies who is having same problem.
I filed I485 and my I140 got cleared. My employer is not willing to give my Approved I140. I am not sure why he is holding my I140. I dont have have any idea to change job at this time.
I am working with everest technologies there web site address is www.everesttechinc.com.
I hope this is the right place to share over view and ideas thats the reason i am posting my questions here.
1) Do we really required I140
2) Is any one here working with everest technologies who is having same problem.
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badlucky
05-14 06:23 PM
hmm, i think munnabhai did the right thing.
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
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traffic_engr
04-01 03:51 PM
I joined IV today and sent faxes 9 & 10.
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pd_recapturing
06-19 11:53 AM
I am not on EAD but on H1-B. I have a approval notice until 09/30/2010, but did not got the visa stamped. How should I replace "the EAD" portion in the letter?
Thanks
Yes, I have similar question. Do we really need to send a letter. last time, I do not think that I sent a letter. Akhil, please let us know about EAD Vs H1B ?
Thanks
Yes, I have similar question. Do we really need to send a letter. last time, I do not think that I sent a letter. Akhil, please let us know about EAD Vs H1B ?
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Sheila Danzig
04-19 12:48 PM
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
lccleared
04-01 04:11 PM
Fax sent
dingudi
11-10 12:45 PM
So there seem to be lot more people from July filer category than I thought who have not received FP notice.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.