Administrator2
04-08 07:22 AM
I might be interesting to check with a lawyer whether:
H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?
We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.
H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?
We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.
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waitnwatch
08-05 03:32 PM
If that's the law then there is not much of a debate here!
I think admin should close the thread as the point of a lawsuit is moot.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
I think admin should close the thread as the point of a lawsuit is moot.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
GCapplicant
07-13 11:47 AM
Here is my 2 cents worth...
What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.
What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!
I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
.Even we need required justice.
Atleast we can address the problem.
What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.
What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!
I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
.Even we need required justice.
Atleast we can address the problem.
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langagadu
12-26 11:25 PM
Why don't you suggest the appropriate forum. Tired of hearing this 'this forum is only for immigration matters'. Agree why don't you be a COP for all other threads started not related with immigration.Put some ice on your head.
Peace
I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.
Thanks,
Peace
I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.
Thanks,
more...
GC_Geek
07-08 06:30 PM
I havent read the thread entirely, but a friend of mine came across similar issue as your husband's previous GC denail.. my friend handled it with FMLA as my friend was away from his job for a long period for his father cancer treatment in India.
I am just throwing this idea, you may want to mention this with your lawyer.
also if you want to know more about this FMLA thingy.. Pl PM me.
BTW, I wish you all the best in this critical time, my prayers are with your family...
I am just throwing this idea, you may want to mention this with your lawyer.
also if you want to know more about this FMLA thingy.. Pl PM me.
BTW, I wish you all the best in this critical time, my prayers are with your family...
Administrator2
01-08 03:56 PM
I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!
Did you consider banning him?
CreatedToday,
We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.
We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.
Thank you for your participation in the community effort.
Administrator2
Did you consider banning him?
CreatedToday,
We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.
We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.
Thank you for your participation in the community effort.
Administrator2
more...
puddonhead
06-07 10:27 AM
If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?
As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.
For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.
If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
Off topic - but I hope you have done a proper inspection with an independent inspection agency.
99% of all Houses built after 2000 (i.e. during the boom time) are notorious for bad build quality. Chinese Drywall (http://www.google.com/search?q=chinese+drywall) anyone?
As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.
For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.
If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
Off topic - but I hope you have done a proper inspection with an independent inspection agency.
99% of all Houses built after 2000 (i.e. during the boom time) are notorious for bad build quality. Chinese Drywall (http://www.google.com/search?q=chinese+drywall) anyone?
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gccovet
08-07 03:40 PM
Political Science for Dummies
DEMOCRAT
You have two cows.
Your neighbor has none.
You feel guilty for being successful.
You push for higher taxes so the government can provide cows for everyone.
REPUBLICAN
You have two cows.
Your neighbor has none.
So?
SOCIALIST
You have two cows.
The government takes one and gives it to your neighbor.
You form a cooperative to tell him how to manage his cow.
COMMUNIST
You have two cows.
The government seizes both and provides you with milk.
You wait in line for hours to get it.
It is expensive and sour.
CAPITALISM, AMERICAN STYLE
You have two cows.
You sell one, buy a bull, and build a herd of cows.
BUREAUCRACY, AMERICAN STYLE
You have two cows.
Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.
AMERICAN CORPORATION
You have two cows.
You sell one, lease it back to yourself and do an IPO on the 2nd one.
You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
Your stock goes up.
FRENCH CORPORATION
You have two cows.
You go on strike because you want three cows.
You go to lunch and drink wine.
Life is good.
JAPANESE CORPORATION
You have two cows.
You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
They learn to travel on unbelievably crowded trains.
Most are at the top of their class at cow school.
GERMAN CORPORATION
You have two cows.
You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
Unfortunately they also demand 13 weeks of vacation per year.
ITALIAN CORPORATION
You have two cows but you don't know where they are.
You break for lunch.
Life is good.
RUSSIAN CORPORATION
You have two cows.
You have some vodka.
You count them and learn you have five cows.
You have some more vodka.
You count them again and learn you have 42 cows.
The Mafia shows up and takes over however many cows you really have.
TALIBAN CORPORATION
You have all the cows in Afghanistan , which are two.
You don't milk them because you cannot touch any creature's private parts.
You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.
IRAQI CORPORATION
You have two cows.
They go into hiding.
They send radio tapes of their mooing.
POLISH CORPORATION
You have two bulls.
Employees are regularly maimed and killed attempting to milk them.
BELGIAN CORPORATION
You have one cow.
The cow is schizophrenic.
Sometimes the cow thinks he's French, other times he's Flemish.
The Flemish cow won't share with the French cow.
The French cow wants control of the Flemish cow's milk.
The cow asks permission to be cut in half.
The cow dies happy.
FLORIDA CORPORATION
You have a black cow and a brown cow.
Everyone votes for the best looking one.
Some of the people who actually like the brown one best accidentally vote for the black one.
Some people vote for both.
Some people vote for neither.
Some people can't figure out how to vote at all.
Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
DEMOCRAT
You have two cows.
Your neighbor has none.
You feel guilty for being successful.
You push for higher taxes so the government can provide cows for everyone.
REPUBLICAN
You have two cows.
Your neighbor has none.
So?
SOCIALIST
You have two cows.
The government takes one and gives it to your neighbor.
You form a cooperative to tell him how to manage his cow.
COMMUNIST
You have two cows.
The government seizes both and provides you with milk.
You wait in line for hours to get it.
It is expensive and sour.
CAPITALISM, AMERICAN STYLE
You have two cows.
You sell one, buy a bull, and build a herd of cows.
BUREAUCRACY, AMERICAN STYLE
You have two cows.
Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.
AMERICAN CORPORATION
You have two cows.
You sell one, lease it back to yourself and do an IPO on the 2nd one.
You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
Your stock goes up.
FRENCH CORPORATION
You have two cows.
You go on strike because you want three cows.
You go to lunch and drink wine.
Life is good.
JAPANESE CORPORATION
You have two cows.
You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
They learn to travel on unbelievably crowded trains.
Most are at the top of their class at cow school.
GERMAN CORPORATION
You have two cows.
You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
Unfortunately they also demand 13 weeks of vacation per year.
ITALIAN CORPORATION
You have two cows but you don't know where they are.
You break for lunch.
Life is good.
RUSSIAN CORPORATION
You have two cows.
You have some vodka.
You count them and learn you have five cows.
You have some more vodka.
You count them again and learn you have 42 cows.
The Mafia shows up and takes over however many cows you really have.
TALIBAN CORPORATION
You have all the cows in Afghanistan , which are two.
You don't milk them because you cannot touch any creature's private parts.
You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.
IRAQI CORPORATION
You have two cows.
They go into hiding.
They send radio tapes of their mooing.
POLISH CORPORATION
You have two bulls.
Employees are regularly maimed and killed attempting to milk them.
BELGIAN CORPORATION
You have one cow.
The cow is schizophrenic.
Sometimes the cow thinks he's French, other times he's Flemish.
The Flemish cow won't share with the French cow.
The French cow wants control of the Flemish cow's milk.
The cow asks permission to be cut in half.
The cow dies happy.
FLORIDA CORPORATION
You have a black cow and a brown cow.
Everyone votes for the best looking one.
Some of the people who actually like the brown one best accidentally vote for the black one.
Some people vote for both.
Some people vote for neither.
Some people can't figure out how to vote at all.
Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
more...
Refugee_New
01-06 05:21 PM
Refugee_New if you calm down the whole thread is going to calm down. Let us calm down and pray for peace.
Tomplate,
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
Tomplate,
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
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pd_recapturing
08-05 08:29 AM
Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)
more...
riva2005
04-09 11:57 AM
Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.
Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.
My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.
Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.
Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.
If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.
Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.
Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.
My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.
Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.
Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.
If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.
Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.
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hiralal
06-21 08:19 AM
Hello Hiralal,
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
just thought I would add this as a joke :) ..Personally I have always wanted one house on the Moon and one in Mars ..Earth is too crowded and some countries have big problems in giving us plastic cards which are green in color ;) ..I just want to get away from that.
---------------------------------------------------------------------------------
That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
just thought I would add this as a joke :) ..Personally I have always wanted one house on the Moon and one in Mars ..Earth is too crowded and some countries have big problems in giving us plastic cards which are green in color ;) ..I just want to get away from that.
---------------------------------------------------------------------------------
That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied
more...
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gc4me
08-05 11:07 AM
C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)
Mrs. Rolling_Flood,
Post you qualification here.
You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company�s Attorney Firm�s policy etc. comes to picture when a big organization files LC/GC for a candidate.
I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.
Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
company's financials.
Mrs. Rolling_Flood,
Post you qualification here.
You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company�s Attorney Firm�s policy etc. comes to picture when a big organization files LC/GC for a candidate.
I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.
Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
company's financials.
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satishku_2000
08-02 07:10 PM
Re-file 140 or file an appeal on the 140.
Filing the appeal; you will be able to extend the h-1b.
Thanks UN for your comments , any comments for the situation mentioned in this thread
http://immigrationvoice.org/forum/showthread.php?t=11819
Filing the appeal; you will be able to extend the h-1b.
Thanks UN for your comments , any comments for the situation mentioned in this thread
http://immigrationvoice.org/forum/showthread.php?t=11819
more...
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imbond707
08-06 08:41 AM
Dear Rolling_Flood,
Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.
May GOD give you wisdom. (Amen�)
James Bond
Interfiling/PD Porting is a law. And I understand that you want to file lawsuit so that this law can be changed. If you are so adamant about this then why are you wasting your time to know our views on this? Why don�t you go ahead and file lawsuit? If indeed you succeed then what if Americans stands up and see opportunity from this case that EB based immigration system can be challenged and file lawsuit to change EB based immigration system that allows only PhDs to immigrate to US? And you are not PhD. Please for your sake take a moment and try to release negative energy you have and then you will see that this world is so beautiful.
May GOD give you wisdom. (Amen�)
James Bond
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mihird
07-17 12:06 AM
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.
......
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Randall,
How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.
Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...
In reality this setting does two things.
1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).
2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!
Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)
WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.
A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.
......
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Randall,
How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.
Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...
In reality this setting does two things.
1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).
2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!
Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)
WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.
A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..
more...
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amsgc
07-15 12:01 AM
Pani,
I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.
Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.
I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.
I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.
Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.
I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.
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Rolling_Flood
07-14 02:28 AM
Dude, you are one confused person.........whats the point here??
EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???
are you insane?? you make no sense in your argument.
Numbers fall as EB1--> EB2 --> EB3.
Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.
Hi kutra,
Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".
What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.
Here is my take on this EB1, EB2 and EB3.
Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.
By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.
If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.
Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.
I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???
are you insane?? you make no sense in your argument.
Numbers fall as EB1--> EB2 --> EB3.
Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.
Hi kutra,
Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".
What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.
Here is my take on this EB1, EB2 and EB3.
Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.
By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.
If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.
Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.
I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
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kumar1
12-17 05:17 PM
I can see tabletpc standing naked!!!!!:D
Rupees conversion rate:
http://immigrationvoice.org/forum/showpost.php?p=298845&postcount=16
Someone started this very immigration related thread:
http://immigrationvoice.org/forum/showthread.php?p=297679#post297679
Someone is talking about Hotels....
http://immigrationvoice.org/forum/showthread.php?p=255794#post255794
furrrrrrrrrrrrrrrrrrr..................
Rupees conversion rate:
http://immigrationvoice.org/forum/showpost.php?p=298845&postcount=16
Someone started this very immigration related thread:
http://immigrationvoice.org/forum/showthread.php?p=297679#post297679
Someone is talking about Hotels....
http://immigrationvoice.org/forum/showthread.php?p=255794#post255794
furrrrrrrrrrrrrrrrrrr..................
nojoke
01-04 04:42 AM
What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
You sounded that it was easy to do it and sounded like an expert. So prove me it is easy. Common sense tells me that it is difficult and suicidal for someone to infiltrate and shot.
My point is- Iraq was not involved in the terror and now created terrorist because US invaded that country. So your example that invading Pakistan will result in the same is wrong. Pakistan already has terrorists.
Yes, there are good pakistanis. But they are fed propaganda and hatred towards India. They are going to turn a blind eye when it comes to terrorism done against India. They will refuse to won up and give excuse. You can see this in this forum.
Regarding, that was not a war against terrorist in the beginning. Now it is.
Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.
You sounded that it was easy to do it and sounded like an expert. So prove me it is easy. Common sense tells me that it is difficult and suicidal for someone to infiltrate and shot.
My point is- Iraq was not involved in the terror and now created terrorist because US invaded that country. So your example that invading Pakistan will result in the same is wrong. Pakistan already has terrorists.
Yes, there are good pakistanis. But they are fed propaganda and hatred towards India. They are going to turn a blind eye when it comes to terrorism done against India. They will refuse to won up and give excuse. You can see this in this forum.
vghc
01-06 06:22 PM
India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.
But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?
Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.
Then why don't you quit your job not and fly over there to help them?
Voicing your opinions here won't make them feel any safer.
The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.
But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?
Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.
Then why don't you quit your job not and fly over there to help them?
Voicing your opinions here won't make them feel any safer.
The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.
