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  • sam_hoosier
    11-19 02:50 PM
    Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)





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  • eagerr2i
    12-20 01:14 PM
    No, only allows people on H4 for more than 6 years to get a H1B of their own for 6 years or until their spouses EAD/GC's arrive.





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  • shamu
    01-13 05:39 PM
    Are there any groups (I mean any orginzations ) which would add individuals into their group insurance.

    Please provide your inputs.

    Thanks,
    Shamu





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  • pady
    08-21 09:44 AM
    I guess this is wrong. I did talk to the OIG this morning and was told that this is a fraud and they can investigate the case



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  • pncool01
    06-27 05:43 PM
    unity can work -
    let us all unite and file on July 2, the first day. those that lag do so by choice.

    please don't say people are selfish and will sell you for a buck etc. the point is, people here are being very helpful to each other. thanks for all the great posts here folks. definitely people here are more responsive than my corporate lawyers right now. and they are sharing formats, links, responses from their lawyers etc. i think everyone is happy to help others as long as there is no loss to themselves.

    you have to see the incentive structure and then construct the unity argument. people have no incentive to wait. however, they will unite if they have something to gain. that is why forums such as these are popular.

    again, thanks everyone for their help and encouragement.

    PS - us filing fewer applications probably does not help. as i have posted elsewhere on this forum, USCIS thought that they were unable to use up all the visa numbers for FY 2007. this comes out of the 485 processing they have been doing till date. they are trying to fill up the 485 filing pipe for the next FY and further out. so, if the USCIS folks see enough 485 filings to fill up the next FEW years expected quotas they will shut it down. not sure how many filers that will take.





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  • Ramba
    08-07 06:07 PM
    Now the actual tension started to me.

    Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.

    Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)

    How can I start another GC process , when they just approved a GC ( on August 06, 2008)

    I heard some thing called Transfer of Residency. What is that?.

    - Suresh

    Your H1 (non-immigrant status) is invalid on the date of approval of 485 or once you become PR. Plastic card shows your PR starting date. Sometime, it is before the 485 approval date.



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  • ebizash
    03-26 01:56 PM
    What about H4 spouses or secondary GC applicants who are not working? How will they get DL if the DMV is asking for EVL or pay stubs?





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  • GCwaitforever
    02-21 04:09 PM
    Mercies,

    We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.

    :D This is so true of Desis. Atleast the illegals have the guts to openly conduct a rally.



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  • nogreen4decade
    07-16 06:29 PM
    Some people die at twenty five and aren't buried until they are seventy five.
    :)... I like that :)... Very poetic too :) Good one !





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  • axp817
    07-07 06:56 PM
    I missed this, will it be aired again, can it be viewed online?

    Thanks,



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  • hpandey
    07-19 09:33 PM
    Spindoc..

    Even though your PD is current now it is almost like at the end of the line at 2006. I doubt that your GC will come soon in August - Sep timeframe unless you get real lucky ( with USCIS you never know ).

    EB2 jumped two years for the Aug bulletin because DOS wants USCIS to utilize all the visa numbers. There is a high probability that it will retrogress to 2004 or maybe 2005 in October and then move as per visa availability.

    I didn't want to sound pessimistic just realistic.

    The only option I see is what has already been told above - H1 / H4





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  • neverbefore
    07-14 04:12 PM
    The officer only said "you will hear from us when we get the clearance."
    Said nothing about keeping the passport.

    Thanks a lot for your replies. :)



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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!





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  • freeindia
    06-20 08:20 PM
    I strongly support this campaign.
    Also, I would check with my friends about their support.
    Would it be a good idea to mention the costs/efforts involved in this visa stamping tours.
    Especially, all dependents including infants/kids need to go either to canada or India forcing to loose 3-4 days of vacation.
    Neither of party's ( US gov nor Visa aspirants) are gaining any benefit.



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  • gc_check
    11-03 10:44 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    Accessing IV forums after a long time... posting to this thread, though not predecting on VB's... May be the data that were made available through USCIS Home Page (http://www.uscis.gov) (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf) already gave some hint on how the PD's are going to be in the monthly VB's and most people understand the number and are not predicting any good movement and not posting any on threads like this. Only the luckly EB2-I folks, who are getting a good chunk of the numbers for now thorugh spill over etc want to predict.. but again, too many questions there too... if quartely spillover or will happen in FY last quarter or something else... or .... The VB's / PD's etc.. nothing is going to make any difference and ease the pain of pending EB AOS applicants, unless there is change in law that would provide something to alleviate the EB backlog... When it is going to happen.. any time from now and at the least we can hope will happen before the end of Obama's Presedency like we hoped CIR would have happened before Bush left office :mad:





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  • venky08
    12-30 05:24 AM
    i think gc_maine2 has a valid question...especially if you use H1 transfer (6-9 years) for the new employer and not EAD

    i am very curious myself to see how this will work out...any personal opinions please???

    very smart question by the way gc_maine2...:cool:

    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree



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  • gc_kaavaali
    12-28 06:15 PM
    Hi logiclife,
    Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...

    I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.





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  • abhijitp
    08-22 12:57 PM
    or how about attending rally and make it a big success and reduce your wait time to 50s.

    Well said Libra. People, please focus on working to make the rally a success. The best way you can do this, is to attend! Take the various polls available to help you help yourselves or others!
    http://immigrationvoice.org/forum/showthread.php?t=12441

    If you want the GC, come let's go to DC!





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  • DDash
    08-08 12:03 PM
    Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?


    Well said Kshitijnt. You spoke the words that I wanted to speak :) Unfortunately, in this forum either people respond with the answers that don't make sense or use cliches.





    nogc_noproblem
    08-26 12:57 PM
    We have applied for our AP renewal on 05/09 at NSC. I have noticed online status change to our I131s today with the following message. Is this a RFE? if so, what could be the RFE for AP? Your help and input appreciated.

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
    Current Status: Document mailed to applicant.





    ronhira
    07-21 10:28 PM
    mike – what about some of the corporation r not american corp.
    donna – it doesn’t matter. ha ha
    mike – indian corporation is hiring indians,
    donna – that’s right, but doesn’t matter where they come from, we have to tell that they r taking away from
    what will happen is that they will cease to exist. tata has not applied for 1 h1b.
    kevin – they get people on company2company transfer
    donna – because durbin bill hit the nerve, that essentially, h1b is dead in water, now l1 is being scrutinized by uscis, so actually, these cos have to hire locally
    we have to laying down tracks for – that the bypass of us citizens and gc holder creates the culture of exploitation – this is our version of best & brightest.
    if you look at our opposition – best & brightest, remain competitive, so this is, i think we have really strong chance to stay on message. democrats are articulate but can’t stay on the message, but we can. i meant it people.
    btw, compete america, gave up on job posting for 30 days from durbin bill. durbin bill not allow h1b on client site, so have to place americans on 3rd party cites, and 30 days to post a job on dol site for us. it’s the academic arena will choke, and there will be so many jobs for us in academic arena.
    kevin –schumer idiot thinks rich people wall street but we in it cannot make more than 40,000.
    barbara – someone will say 30 days – that will stop our mission critical project
    donna – no it won’t happen compete america, gave up on job posting for 30 days, because we were able to fight back, and we r in a strong position. we have to push for our agenda to strengthen our position.
    kevin – on durbin bill, who will testify in the committee hearing
    donna – nobody knows
    kevin – the message is fragmented, donna the first one to say, get on to the message
    donna – the players and politicos, who will talk about this, there is a big group who called me last week,
    barbara – yes, we r fertilizing the soil.
    donna - there is a republican who wrote this book – who said – its not what we say its what they hear. when we say after labor day – we are fighting for our right to compete for the jobs – the unions around the country will go wow, say anything that we have to defeat them.
    kevin – we put this on internet it will stay forever and people will see it.
    donna – someone in dean campaign, is interested in helping us
    kevin – we have to get sound bites on the news, mostly its ron hira or kim berry
    mike – one can
    donna – a large organization will put me in 1 of the hearing. let’s guarantee that, by showing our level of sophistication. so target h1b only wants ads, companies are recruiting abroad for american jobs.

    have to checkout now, have to head out, thanks everyone, bye guys.

    if we play our cards right, we maybe able to get our contingent for the hearing. well great, i’ll do it next september.

    alright bye bye.
    --------------------------------------------------------------------------------------------------

    waste of my 1 hour, will not my time ever on these losers, now i know why they can't keep the job that they have, and why they can't find a new job.....



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