chandlerguy98
06-14 01:43 PM
I think there is another issue here. lets say you file for your 485 and you get married later in teh year..by that if PD retregresses again, your spouse wont be able to file for 485, since she gets your PD. so you might get approved sometime next year and you will loose your h1b status, then it gets to be a problem for the spouse since she is still waiting for PD to retrogress..so please talk to a lawyer and get all the facts...
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Leo07
12-03 10:14 AM
Paid membership irrespective of the amount of payment will drive away the people. With all dues respect to IV, there are defintely other places where you can get good(if not better) information for free.
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
ItIsNotFunny
03-13 10:29 AM
WaldenPond is too nice to answer your question. Personally, I wouldn't consider it obligatory to answer a specific question by someone who cannot volunteer due to "Personal Reason", whatever that may mean. If you cannot volunteer, cannot participate in IV's action items, cannot contribute, then you are most welcome to use IV's portal to get answers to your questions or get other kind of information - but do not expect updates from anyone as your right!
IV is not a top-down organization and if you think that it is becoming like Immigration Portal then partially it is due to people like you who do not want to participate but just want 'updates'.
You are partially right.
One thing I know for sure - you know how to copy paste and repeat the same post again and again :)
IV is not a top-down organization and if you think that it is becoming like Immigration Portal then partially it is due to people like you who do not want to participate but just want 'updates'.
You are partially right.
One thing I know for sure - you know how to copy paste and repeat the same post again and again :)
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ALLYYU
07-18 10:03 AM
Pd: Sept 2003
Reached Nsc: 7/2 11:34am
Rejected: Don Know
Ck Cashed: Not Yet
Reached Nsc: 7/2 11:34am
Rejected: Don Know
Ck Cashed: Not Yet
more...
cooldude
07-19 10:00 AM
As far as I know from friends who have had similar case in the past, yours is not at all an uncommon situation. My belief is that use of PO Box on physical address helps to get documents re-directed to their correct department. Absence of same means that the personnel in charge have to "think" where to re-direct and nothing more than that. Again this is based on what I know from reliable friends.
Thanks a lot for your reply
Thanks a lot for your reply
stuckinretro
01-02 06:06 AM
Wife and I attended H1 visa interview on Dec'13th, I got passport in 1 week, haven't received passport for wife. Consular staff very rude, say her petition details are not in their system so have to wait. They hang up phone as we are following up everyday. They say 4-5 days everytime we call them
Its clear that, PIMS verification system is not working effectively.
This is July Fiasco type goof up from DOS and DHS
Its clear that, PIMS verification system is not working effectively.
This is July Fiasco type goof up from DOS and DHS
more...
neamoni
07-19 10:00 AM
Signed by R.WILLIAMS at NSC For any one?
Mine was signed by R. WILLIAMS at NSC too, on Tue July 3 at 9:02am.
Mine was signed by R. WILLIAMS at NSC too, on Tue July 3 at 9:02am.
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jim
06-21 05:03 PM
Can I add my spouse before or After marriage?I am planning to get married in 4 to 5 months.My attorney told me that he will be ready to file I-485 in July and my current H1-B is valid till Dec 2007,so if I go back to country for marriage and coming back on AP,so I think so I will be ok,but should my wife able to get H-4 visa stamp on her passport and once she came back in USA on H-4 should I will be able to add her right away in I-485 when PD dates will be current or should I have to wait 60 days then apply her for I-485.
more...
gc28262
01-28 04:39 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
hair 2000 Ford Focus.
.jpg/120px-\x2700-\x2704_Ford_Focus_Wagon_(Van_Houtte).jpg "A 2000-04 Ford Focus wagon")
days_go_by
07-31 08:54 PM
For PMP I think, you need to take some courses, I had taken some courses at Berkeley Online on project management, these courses count towards PMP.
They also have in class courses, if you are interested.
Better to do something than nothing.
http://explore.berkeley.edu/UCExt/certificateprogview.asp?action=Internet&prog=Certificate+in+Project+Management
Hope it helps,
dgb
They also have in class courses, if you are interested.
Better to do something than nothing.
http://explore.berkeley.edu/UCExt/certificateprogview.asp?action=Internet&prog=Certificate+in+Project+Management
Hope it helps,
dgb
more...
aristotle
02-11 06:21 PM
IV's goal is to fight retrogression. So whoever wants to fight retrogression should stay on board.
However, it is the privilege of a few affected people to discuss their problems on these threads. You are not obligated to follow these discussions if they are not to your taste. It is a legitimate question. Clearly USCIS is using one interpretation of the law while there is another possible one.
The discussion here doesn't mean that IV will flip tomorrow and say they will fight for only India/China EB2s.
Anytime such discussions come up, invariably a few people jump on board threatening to quit IV. Who are you threatening? Are you helping yourself by quitting the fight to solve your problem?
Right and wrong are relative.
You and I both agree about what is going on.
Interpretation of the law is also subjective.
What I am trying to tell you my friend, like I have tried to tell others like you before, is this. If IV hurts my interest, I would have to be an absolute moron to support it.
I really want to contribute more, and get active in my state chapter, but it is posts like these that make me pause and have second thoughts about it.
However, it is the privilege of a few affected people to discuss their problems on these threads. You are not obligated to follow these discussions if they are not to your taste. It is a legitimate question. Clearly USCIS is using one interpretation of the law while there is another possible one.
The discussion here doesn't mean that IV will flip tomorrow and say they will fight for only India/China EB2s.
Anytime such discussions come up, invariably a few people jump on board threatening to quit IV. Who are you threatening? Are you helping yourself by quitting the fight to solve your problem?
Right and wrong are relative.
You and I both agree about what is going on.
Interpretation of the law is also subjective.
What I am trying to tell you my friend, like I have tried to tell others like you before, is this. If IV hurts my interest, I would have to be an absolute moron to support it.
I really want to contribute more, and get active in my state chapter, but it is posts like these that make me pause and have second thoughts about it.
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gjoe
12-07 11:31 PM
Two thumbs up to whoever came up with this idea. I would suggest some of us should apply for jobs in his administration since we already have our EAD. We can submit our resume on the www.change.gov site.:)
more...
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Bradman
11-05 12:27 PM
Very happy for you Bradman !! Enjoy :p
...but remember it can be pure coincidence that your letter to 1600 Pennslyvania made any difference. Moreso when the namecheck and the approval..all happened within 2 weeks of the letter !
Anyways no harm trying any and all legal ways !
You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.
Thanks,
Donald Bradman
...but remember it can be pure coincidence that your letter to 1600 Pennslyvania made any difference. Moreso when the namecheck and the approval..all happened within 2 weeks of the letter !
Anyways no harm trying any and all legal ways !
You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.
Thanks,
Donald Bradman
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dagabaaj
02-05 05:38 PM
EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.
Well what eb3_nepa and me are eluding to has no intention of superseeding the main agenda nor is it in anyway a distraction, it just the germination of an idea out of circumstantial frustration. Also if we truly belive what we are doing is right then there is no question of leaving this forum.
We all support the main agenda and also have a very positive attitude that we will see the light of a bright new day very soon. God willing we all will have our GC in 2 years or so.
Well what eb3_nepa and me are eluding to has no intention of superseeding the main agenda nor is it in anyway a distraction, it just the germination of an idea out of circumstantial frustration. Also if we truly belive what we are doing is right then there is no question of leaving this forum.
We all support the main agenda and also have a very positive attitude that we will see the light of a bright new day very soon. God willing we all will have our GC in 2 years or so.
more...
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manishgc
04-07 12:40 PM
Add $100 from me.
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desi3933
01-22 08:12 AM
......
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
more...
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GCmuddu_H1BVaddu
04-02 09:53 PM
I hardly believe your story. Your written english doesn't seem like you are a H1-B guy form the other counrty unless you are from Canada. Why the f'ng game, what do you need? Now tell us another story that you are from Canada.
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
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sledge_hammer
01-28 04:18 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
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sbabunle
08-19 04:58 PM
You said it. Some years ago people who filed in wyoming get lc in 3 months
and got GC in 1 year. I know a friend who completed the whole process in 11 months :)
What to do? This world is a big unfair place. we have to live with that I guess.
Congrats buddy ! Its quite ironic that there are some people who filed a few months here or there from your PD in 2000/2001 and are still waiting for their GC and I know a few people who filed for GC in 2003/2004 and got it in 2005.
The odds of getting lucky with USCIS are worse than hitting the jackpot .
Best of luck to you .
and got GC in 1 year. I know a friend who completed the whole process in 11 months :)
What to do? This world is a big unfair place. we have to live with that I guess.
Congrats buddy ! Its quite ironic that there are some people who filed a few months here or there from your PD in 2000/2001 and are still waiting for their GC and I know a few people who filed for GC in 2003/2004 and got it in 2005.
The odds of getting lucky with USCIS are worse than hitting the jackpot .
Best of luck to you .
centaur
03-20 07:16 PM
How true
Your comment reminded me of something I had penned down right after Prime Minister Manmohan Singh visit to the US. It was very depressing.
A White Collar Slave
Prime Minister Manmohan Singh�s visit to the White House was well reported in the media and the Presidents acknowledgement of the contributions made by the people of India- Indian American�s was most gracious. He also made a point to acknowledge the contributions made by Indian students to America�s Universities. All this is most heart-warming. However, as a legal non-permanent resident awaiting labor certification (or the ability to work) since the past 3 years I feel bound by invisible chains whose cold steel refuses to be warmed. The labor certification process is technically supposed to take 12 months.
Post 9-11, grinding to a near halt the labor certification process of permanent residency applicants is a �win-win� opportunity for the government. Get these highly skilled laborers on a short-term lease of an H1B. Pass off the bureaucracy and red tape of the INS on the process of Homeland security. The latest breakdown, the INS information technology system has been down for 6 weeks now. When asked questions about a status of the system, they donot respond
HIB visa holders make money in dollars that certainly affords them a higher income than would have been possible in their own country. I donot want to undervalue this benefit. But, the American government and citizens hugely profit from the brief stay of these H1B�s in America. H1B�s make money, 99% of which is placed in American banks, which enables banks to fund American projects of citizens and noncitizens. They buy American stock, pay into a social security system and a pension fund that the may not have access to when they themselves are seniors- after all the H1B is only for 6 years. Besides the obvious monetary contributions, they contribute culturally, linguistically and through charity to American society
While they are contributing in as many ways to the American society. Their own lives are in limbo. Continuously stressed over the next rule change in visa status that may affect them, or visiting relatives. Their able spouses unable to work due to visa restrictions. Most of them, live in clean, minimal living comforts as there is always the thought of having liquid cash as one may need to leave the country and then having expensive electronics, cars or furniture may not make any sense. For most of them it does not make sense to own a house on a 6-year work contract.
The opposing argument is that HIB visa holders are subjecting themselves to this lifestyle. After all there are no visible chains around their feet, they are free to return and contribute to the economy of their own countries. But the �American dream� is an invisible chain currently held by INS merchants as they pull, push or decide to hold steady their white-collar slaves.
Your comment reminded me of something I had penned down right after Prime Minister Manmohan Singh visit to the US. It was very depressing.
A White Collar Slave
Prime Minister Manmohan Singh�s visit to the White House was well reported in the media and the Presidents acknowledgement of the contributions made by the people of India- Indian American�s was most gracious. He also made a point to acknowledge the contributions made by Indian students to America�s Universities. All this is most heart-warming. However, as a legal non-permanent resident awaiting labor certification (or the ability to work) since the past 3 years I feel bound by invisible chains whose cold steel refuses to be warmed. The labor certification process is technically supposed to take 12 months.
Post 9-11, grinding to a near halt the labor certification process of permanent residency applicants is a �win-win� opportunity for the government. Get these highly skilled laborers on a short-term lease of an H1B. Pass off the bureaucracy and red tape of the INS on the process of Homeland security. The latest breakdown, the INS information technology system has been down for 6 weeks now. When asked questions about a status of the system, they donot respond
HIB visa holders make money in dollars that certainly affords them a higher income than would have been possible in their own country. I donot want to undervalue this benefit. But, the American government and citizens hugely profit from the brief stay of these H1B�s in America. H1B�s make money, 99% of which is placed in American banks, which enables banks to fund American projects of citizens and noncitizens. They buy American stock, pay into a social security system and a pension fund that the may not have access to when they themselves are seniors- after all the H1B is only for 6 years. Besides the obvious monetary contributions, they contribute culturally, linguistically and through charity to American society
While they are contributing in as many ways to the American society. Their own lives are in limbo. Continuously stressed over the next rule change in visa status that may affect them, or visiting relatives. Their able spouses unable to work due to visa restrictions. Most of them, live in clean, minimal living comforts as there is always the thought of having liquid cash as one may need to leave the country and then having expensive electronics, cars or furniture may not make any sense. For most of them it does not make sense to own a house on a 6-year work contract.
The opposing argument is that HIB visa holders are subjecting themselves to this lifestyle. After all there are no visible chains around their feet, they are free to return and contribute to the economy of their own countries. But the �American dream� is an invisible chain currently held by INS merchants as they pull, push or decide to hold steady their white-collar slaves.
Pineapple
02-02 09:59 AM
Any talk of "comprehensive bill" give me a sinking feeling..
Sink
...
..
Sink
.
(blub.. blub)
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
Sink
...
..
Sink
.
(blub.. blub)
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
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