abhijitp
11-21 05:38 PM
Mehul
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
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thomachan72
05-23 06:18 AM
SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
test101
07-09 05:17 PM
awsome ...did you get the list of emails i sent you via email :)
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we_can
05-23 11:41 PM
Sent. Just took 10 mins for our cause.
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ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
go2roomshare
10-05 10:54 AM
If the Democrats win, at least hope that CIR would pass, which alredy includes our visa numbers increase.
If Republicans will, we are screwed none of immigration friendly bill will pass
If Republicans will, we are screwed none of immigration friendly bill will pass
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sledge_hammer
01-30 05:06 PM
Don't confuse between taking legal risk with doing something illegal. You must be an idiot to think they are the same.
Poeple that sold $500K home to those who make $40K were not doing anything illegal. What they were doing was irresponsible. It is the guy that was making $40K, but lied on his application that he was making $80K that is the criminal.
And your assumption is that we are complaining about unethical behavior because we are in the US and we think that everyone in the US is ethical? How stupid are you? Sorry to burst your bubble, but we do not think so. I, and many like me, think we should do the right thing no matter where we are, here, India, or elsewhere.
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
Poeple that sold $500K home to those who make $40K were not doing anything illegal. What they were doing was irresponsible. It is the guy that was making $40K, but lied on his application that he was making $80K that is the criminal.
And your assumption is that we are complaining about unethical behavior because we are in the US and we think that everyone in the US is ethical? How stupid are you? Sorry to burst your bubble, but we do not think so. I, and many like me, think we should do the right thing no matter where we are, here, India, or elsewhere.
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
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GCStatus
09-14 02:32 PM
GC Status:
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Its for EVERYONE - Read my original description
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
Its for EVERYONE - Read my original description
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ikass
02-23 06:48 PM
Your transaction ID for this payment is: 8D378253JD920781B. Just donated $200 for the event. I `ll be participating in advocacy effort along with 2 or 3 more friends. Will try to help as much as possible. Thanks for your efforts!
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gcformeornot
09-25 03:38 PM
Reached NSC at 23rd.
Got all receipts (8)
RD July 2oth :rolleyes:
R Pitcher
WAC receipts
Transfered Notice to NSC
Both EADs ordered.
Got all receipts (8)
RD July 2oth :rolleyes:
R Pitcher
WAC receipts
Transfered Notice to NSC
Both EADs ordered.
more...
ss_col
07-19 11:55 PM
Count me in for $100. Have contributed to IV before as well.
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Sachin_Stock
09-24 09:37 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
The fact that B filed before A, puts B ahead of A. You must think of it as just one queue and not different queues.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
The fact that B filed before A, puts B ahead of A. You must think of it as just one queue and not different queues.
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sodh
07-10 01:25 AM
Can someone give me Michael Moore's contact and I can gaurantee you that his next movie will be on USCIS and DOS.
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a2006
05-02 01:57 PM
The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
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sanju
03-10 04:45 PM
I disagree
2) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eleminate this huge backlog)
3) IV says they have agenda but nobody knows what thier laundry list is.
4) We need to work for lifting this country quota ... this is the only way out.
Did you check 'About Us' menu at the top?
.
2) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eleminate this huge backlog)
3) IV says they have agenda but nobody knows what thier laundry list is.
4) We need to work for lifting this country quota ... this is the only way out.
Did you check 'About Us' menu at the top?
.
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samrat_bhargava_vihari
06-11 05:28 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
In that case people with PD 2002 2003 whould have not got EAD's or renewals.. it won't affect the people who filed.
Once you file 485 ,PD will stop only getting you GC.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
In that case people with PD 2002 2003 whould have not got EAD's or renewals.. it won't affect the people who filed.
Once you file 485 ,PD will stop only getting you GC.
more...
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dilbert_cal
06-05 11:08 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
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kshitijnt
05-09 09:58 PM
Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
Everyone need not send the same letter. Let everyone send the same message though. That Indian community is being targeted or that Indians are facing unjust immigration policies as compared to citizens of other countries, which is the truth anyway. I see your point, time is of essence. Send as many letters as soon as possible.
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
Everyone need not send the same letter. Let everyone send the same message though. That Indian community is being targeted or that Indians are facing unjust immigration policies as compared to citizens of other countries, which is the truth anyway. I see your point, time is of essence. Send as many letters as soon as possible.
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dummgelauft
09-23 08:31 PM
EB-3 porting to EB-2 is ging to slow down EB-2. Everybody is fighting over this, btu has anybody tried to find actual number associated with porting? Mr. O said "thousand"..well..how many..4000, 5000, 10,000......all the calculation done on another thread already have accounted for about 6000 porting, per year..
Remember folks, these days companies are shying away from immigration related stuff, so for an EB-3 individual to be able to file in EB2 is not as easy as it sounds. I personally know 4 guys, one IT and 3 non-IT, whose companies have simply refused to entertain any request for upgrading the EB category.
So, laro matt..
Help IV to work in the direction of STEM Exemption, Visa recapture, dependent count elimination, country cap removal etc. Personally, I think STEM exemption should be the easiest to accomplish, but hey, we all know the ground reality.
Remember folks, these days companies are shying away from immigration related stuff, so for an EB-3 individual to be able to file in EB2 is not as easy as it sounds. I personally know 4 guys, one IT and 3 non-IT, whose companies have simply refused to entertain any request for upgrading the EB category.
So, laro matt..
Help IV to work in the direction of STEM Exemption, Visa recapture, dependent count elimination, country cap removal etc. Personally, I think STEM exemption should be the easiest to accomplish, but hey, we all know the ground reality.
lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
Macaca
07-08 08:09 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
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