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Aah_GC
06-06 12:27 PM
After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.
Congratulations and good luck!
Congratulations and good luck!
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akred
01-28 12:50 AM
From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.
Both schemes are essentially restrictionist ploys to maintain a white America.
Both schemes are essentially restrictionist ploys to maintain a white America.
ashkam
07-28 08:11 AM
It's India Pale Ale, not India Pale Beer. Lord Ganesha would be shocked at your ignorance.
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jcgc
02-21 01:48 PM
If it is infact true that Eb2 India can benefit from unused numbers in EB1 (ROW+India+China+Mexico+Phillipines), it will be great news!! I
I had estimated that Eb2India pending applications (with PD earlier than or equal to Dec31, 2003) are probably about 4,900. This is almost 1.75 years worth of EB2India quota. If there is no spillover, then someone with Dec31, 2003 PD would have to wait at least till mid FY10 to get their GC. However, if there is spillover (especially from EB1 ROW considering that EB1India may not have much left). It will all depend on how much of this spillover will go to Eb2China and how much to EB2 India.
Andy_GARCIA posted this in another link
".........
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
..."
Seems like the demand for EB1 ROW fluctuates a lot. In Fy05 the consumption was very high and probably there was no spillover to EB2 (could explain the retrogression for Eb2India). But given that EB1ROW has always been current, it leads me to believe that there will be surplus here. It all depends on how much.
I had estimated that Eb2India pending applications (with PD earlier than or equal to Dec31, 2003) are probably about 4,900. This is almost 1.75 years worth of EB2India quota. If there is no spillover, then someone with Dec31, 2003 PD would have to wait at least till mid FY10 to get their GC. However, if there is spillover (especially from EB1 ROW considering that EB1India may not have much left). It will all depend on how much of this spillover will go to Eb2China and how much to EB2 India.
Andy_GARCIA posted this in another link
".........
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
..."
Seems like the demand for EB1 ROW fluctuates a lot. In Fy05 the consumption was very high and probably there was no spillover to EB2 (could explain the retrogression for Eb2India). But given that EB1ROW has always been current, it leads me to believe that there will be surplus here. It all depends on how much.
more...
unseenguy
02-13 08:22 PM
The real face of America, as we used to see it in India is in full light. Hypocrisy under the name of protecting country's job. I agree with Ash's post that in its substance that unlike holocaust, we are not being killed, however; we are being thrown out just like ethnic Indians were thrown out of Uganda by its dictator. This is not much different.
I understand some people making an argument that this is demand vs supply. But what logic does it make to go aggressively after those who have spent 5-10 years in this country and followed almost everything legally? and at the same time those who are voters , provide them benefits with our tax paid money.
Problem is not them , problem is us. We left our country sick of reservation etc., So our community was sidelined by the politicians in India and we came here foregoing our "voting rights". Hence politicians here dont care about us. We gave up where we belonged to looking for "shortcut" to success only to be deceived by opportunist Americans dangling carrots of green cards and better life.
They are career politicians and they care only about elections and votes. So this is nothing but vote bank politics.
I understand some people making an argument that this is demand vs supply. But what logic does it make to go aggressively after those who have spent 5-10 years in this country and followed almost everything legally? and at the same time those who are voters , provide them benefits with our tax paid money.
Problem is not them , problem is us. We left our country sick of reservation etc., So our community was sidelined by the politicians in India and we came here foregoing our "voting rights". Hence politicians here dont care about us. We gave up where we belonged to looking for "shortcut" to success only to be deceived by opportunist Americans dangling carrots of green cards and better life.
They are career politicians and they care only about elections and votes. So this is nothing but vote bank politics.
franklin
04-23 02:31 PM
Thank you Nor Cal members, on behalf of 1 member who was unable to attend. I encourage those not already part of the Nor Cal Yahoo group to join it.
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
more...
desi3933
01-30 02:43 PM
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
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grinch
03-02 08:51 AM
Aw man guys,
my subway is coming together! I'm currently working on bumpmapping for the walls, and I think I may know how to do it. I'll show when I'm done!
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more...
rweworld1
07-12 04:38 PM
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
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tejaswiyvs
10-10 12:42 PM
Wow. period.
I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.
We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.
Here's the actual conversation.
Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".
Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"
Officer1: "Sir, your documents"
Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."
Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."
Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"
Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"
(They talk)
Officer 1: "Are these valid?"
Me: "Yes"
Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
Me: "F-1?"
Officer 1: Name?
Me: I tell him.
He calls someone up, finds out, checks my status and returns my ID.
And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".
Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(
Damn, I miss India now.
I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.
We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.
Here's the actual conversation.
Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".
Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"
Officer1: "Sir, your documents"
Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."
Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."
Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"
Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"
(They talk)
Officer 1: "Are these valid?"
Me: "Yes"
Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
Me: "F-1?"
Officer 1: Name?
Me: I tell him.
He calls someone up, finds out, checks my status and returns my ID.
And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".
Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(
Damn, I miss India now.
more...
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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logiclife
01-30 03:14 PM
1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
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javadeveloper
12-12 04:09 PM
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category.
Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.
They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1
My 2C
Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.
They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1
My 2C
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god_bless_you
03-16 01:33 PM
http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
more...
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grinch
02-27 08:59 PM
ahha don't worry about it soulty, i appreciate the effort.
I actually got a bit of help from my dad and some of my edu maya books.
Thanks guys, if i need more help, I'll ask!
I actually got a bit of help from my dad and some of my edu maya books.
Thanks guys, if i need more help, I'll ask!
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WillIBLucky
11-22 01:23 PM
I dont think that is correct - as per my lawyer this is what she says -
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
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signifer123
02-17 03:24 PM
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psaxena
05-27 05:33 PM
I am really laughing.... very true, there are a lot of dumbs on this forum
The guy at Kino's was probably a dumb high school dropout and you have proved to be his match by posting it here....
The guy at Kino's was probably a dumb high school dropout and you have proved to be his match by posting it here....
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bayarea07
08-06 07:46 PM
Read Post above yours and you will have the answer.
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
rayoflight
08-10 01:58 PM
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
f_b_2007
07-18 08:32 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
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