mnq1979
08-21 09:46 AM
Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.
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waitnwatch
07-13 12:00 PM
"Why does Murthy publicize such a letter?" - well it means that she has a client base who needs to know what she is doing in her capacity as thier attorney. Second - there are thousands of Murthy.com members who are neither her client nor her well wishers - but who go to her site to find what is going on latest in the world of Immigration. Not to discredit anyone's effort in this issue - ask any immigrant or potential immigrant into this country about immigration related question, I can guarantee you that they have gained almost all thier knowledge about the process from Murthy.com site. Intended or unintended - the message to DHS is welcome, particularly at this time, be it from whoever.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
You've agreed with my notion that this is just another posting on the internet. I surely agree with that. On the other hand this letter does not "add" or "subtract" much from the debate. In other words it doesn't have more value than say a letter from you. Of course if there is a response from the DHS secretary to the letter then one can definitely say there is great value in this letter.
Also note that the importance or usefulness of this letter has nothing to do with Murthy's forum. One can also add intent to why she set up that forum but that is not the point of this discussion. Also your statement about all immigrants getting their immigration knowledge from murthy is interesting although again that has nothing to do with this discussion.
Anyway this ultimately will lead nowhere..........I donot have an issue with Murthy writing a letter and posting it on her website. My problem is with this thread on IV which is trying to give that letter a warped perspective of importance.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
You've agreed with my notion that this is just another posting on the internet. I surely agree with that. On the other hand this letter does not "add" or "subtract" much from the debate. In other words it doesn't have more value than say a letter from you. Of course if there is a response from the DHS secretary to the letter then one can definitely say there is great value in this letter.
Also note that the importance or usefulness of this letter has nothing to do with Murthy's forum. One can also add intent to why she set up that forum but that is not the point of this discussion. Also your statement about all immigrants getting their immigration knowledge from murthy is interesting although again that has nothing to do with this discussion.
Anyway this ultimately will lead nowhere..........I donot have an issue with Murthy writing a letter and posting it on her website. My problem is with this thread on IV which is trying to give that letter a warped perspective of importance.
logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
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srkamath
07-13 10:42 AM
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
more...
retrohatao
02-16 10:11 AM
willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
sunny1000
06-10 04:24 PM
done
more...
sanju
09-26 09:39 AM
Whatever is the report on CNN, why do you have to draw an analogy between US and Indian? I mean, you think that there are only two nations in the world - US and India? Or do you think that all people on IV forums are from India? Sorry, it is not my objective to offend anybody but I find these analogies very funny. Also, I think such immature posts hurt our cause. You bring the forum�s attention to a good point, however, the post screwed-up in driving away non-Indian members on the forum. Also, if you hold a negative opinion about the place of your birth, how would you be able to develop a respect towards the country you want to as your future home?
Please be considerate towards the feelings of all nationalities on the forum. Just a suggestion....
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
Please be considerate towards the feelings of all nationalities on the forum. Just a suggestion....
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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ppt.b
06-11 11:49 AM
...
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vdlrao
06-09 02:58 AM
"It has been necessary to retrogress the Mexico Family First and Third preference cut-off dates, as well as the China Employment Second preference cut-off date for July to keep visa issuances within those annual category numerical limits. "
http://travel.state.gov/visa/frvi/bulletin/bulletin_4512.html
This seems to be that the Spill Over Hasnt Occured Yet for this year.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4512.html
This seems to be that the Spill Over Hasnt Occured Yet for this year.
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dohko
04-04 08:03 AM
I hope not. If they ban bodyshops the cap will never run out.
And people in Real companies will be able to get the visas.
And people in Real companies will be able to get the visas.
more...
singhsa3
03-05 06:20 PM
We are people with certain mission and not a censorship board. Yes correct, everyone has right to express their opinion but not at the expense of the mission.
We have now a powerful story to tell. Almost 60% of repsondent are waiting, just waiting for immigration situation to improve, before they can take any major investment decision.
If I were a lawmaker with any softcorner for people like us , this is the story that we help him bring our issue to the frontline.
As we speak, people like Murali are working hard to schedule the lawmaker meetings.
Now, I see you are PD ROW, so most likely this is not as important to you as it is for us.
I think that everybody has the right to express their opinion.
Anything else is sensorship
good luck to all
We have now a powerful story to tell. Almost 60% of repsondent are waiting, just waiting for immigration situation to improve, before they can take any major investment decision.
If I were a lawmaker with any softcorner for people like us , this is the story that we help him bring our issue to the frontline.
As we speak, people like Murali are working hard to schedule the lawmaker meetings.
Now, I see you are PD ROW, so most likely this is not as important to you as it is for us.
I think that everybody has the right to express their opinion.
Anything else is sensorship
good luck to all
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sundar61982
08-06 04:52 PM
Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..
more...
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nixstor
03-18 05:17 PM
I can use some help if I am missing some things here.
Snip from 202 a 5 (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|SLB&s_fieldSearch=foliodestination|act202a&s_type=all&hash=0-0-0-1435)
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Paragraph in the above corresond to each category. So paragraph 1 is EB1. Paragraph 2 is EB2 and so on. So the translation is what the VB exactly said.
What does 203 (b) 1, 2, 3, 4, 5 say?
Define EB1-EB5 categories. Find it here (http://www.uscis.gov/propub/DocView/slbid/1/2/15?hilite=).
I posted the same Q on Ron Gotcher's forum this afternoon and my post did not go through to be moderated (I got the message that the post was submitted and will be posted after moderator approves it) or the mod chose not to post it.
Snip from 202 a 5 (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|SLB&s_fieldSearch=foliodestination|act202a&s_type=all&hash=0-0-0-1435)
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Paragraph in the above corresond to each category. So paragraph 1 is EB1. Paragraph 2 is EB2 and so on. So the translation is what the VB exactly said.
What does 203 (b) 1, 2, 3, 4, 5 say?
Define EB1-EB5 categories. Find it here (http://www.uscis.gov/propub/DocView/slbid/1/2/15?hilite=).
I posted the same Q on Ron Gotcher's forum this afternoon and my post did not go through to be moderated (I got the message that the post was submitted and will be posted after moderator approves it) or the mod chose not to post it.
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suresh.emails
01-18 11:12 AM
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
more...
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Indirant
01-31 08:22 PM
Hi,
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
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dressking
09-28 05:34 PM
Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.
But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.
Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.
We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.
Have I made it clear?
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.
But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.
Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.
We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.
Have I made it clear?
more...
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WAIT_FOR_EVER_GC
07-13 07:46 PM
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
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iv_only_hope
02-21 04:21 PM
I guess one worst case scenario would be EB1 and EB2 row using upto 39,000 visas each. Then the 140k/ year wait for India and china would extend to eternity
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natrajs
08-16 03:38 PM
Participate in the Rally
Make sure our voices are heard
Support IV
Make sure our voices are heard
Support IV
go_gc_way
12-30 04:52 PM
/\/\/\/\/\/\/\\/\/\\/\/\/\\/\\\\\\/\\/\/\/\
rajuram
10-25 09:38 PM
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
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