vxg
11-21 09:35 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
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sodh
07-10 12:49 AM
Michael Moore reported about the poor conditions in which our veterans at Walter Reed hospital are treated in his famous movie Farienhiet 911 and after three years Walter Reed hospital caught the attention of the law makers, they don't treat thier own countrymen with respect and dignity even after serving the Nation honourably what can we expect from them when it took them three years to realise that the conditions are bad in Walter Reed.
tikka
05-23 11:17 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
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ArkBird
09-09 08:08 PM
EB3 Folks!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
more...
chanduv23
07-08 11:23 AM
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
madhu345
05-06 06:55 AM
I'm depressed not for retrogression(Which we know where its coming from) but because of uncertainty weather every day hitting us :)
-Madhu
-Madhu
more...
ashshah
12-16 03:55 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
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beautifulMind
12-17 01:05 AM
been in us since 1999 and lost my earlier priorty date and now my priority date is Jan 2007...it sucks...the only good thing is i now have EAD and AP. everyone who is here fro last 5-6 years should be current with priority dates..
more...
navyug
08-13 11:16 AM
Card Ordered!!!
I-765 mailed- 07/08/2008
I-765 approved- 08/13/2008
I-765 mailed- 07/08/2008
I-765 approved- 08/13/2008
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marty
04-24 03:10 PM
I have done the landing and came back to US on Automatic Visa Revalidation as my 797 is valid. No problem at all while entering in Canada. The officer just looked at the permnant resident confirmation paper, ask how much funds I am carrying. I told him I have less than a $1000 but I will be transfering funds if needed. I was not asked to show the proof. Next I went to canadian customs and gave them the goods to follow list. The officer processed that and welcomed me to Canada. The whole process took like 15-20 min. While coming back to US the officer did ask me why I was travelling and what I do in US and I told him I came here to become permanant resident and I am on H1B in US. They asked if I applied for LPR in US and I said yes and it is pending. The CBP officer was aggressive, asked me lots of other question but didn't create any issues while issuing the new I-94. So overall, things went fine.
more...
desi_scorpion
08-02 10:32 AM
Thanks for activile asking the right questions (where the 140 was approved - nsc or tsc) on trakiitt. Thx
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gc_on_demand
05-01 03:06 PM
Adding dependents/derivative is based on primary�s PD and app status.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
more...
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Delhi
07-20 01:23 AM
In - $ 50 per month
- Delhi
- Delhi
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amslonewolf
06-12 03:39 PM
My attorney is taking his owwwwn time.. Could there be any reasons for this?
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
more...
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jkays94
05-25 06:45 PM
Shouldn't IV ammend the text of the email to better reflect the negative impact of the Bernie Sander's ammendment ? The Senators (who are known for not often reading voluminous legislation in detail) may have voted with their hearts for this ammendment thinking this was going to help students in their states. I think IV members who are their constituents should have a means of letting their Senators know the effect of their actions and for those who voted against it they should be congratulated for voting against this harmful ammendment. They may have thought of this as win-win situation. Yet they may have not known the following points (read the study its detailed):
http://www.nfap.com/pdf/0507brief-business-immigration.pdf
U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.
For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :
The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.
Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)
http://www.nfap.com/pdf/0507brief-business-immigration.pdf
U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.
For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :
The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.
Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)
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edgarrecto
12-16 09:37 AM
the january 2008 visa bulletin reflects that the eb3 category has a priority date of october 15,2002. are we made to believe that those persons who have priority dates of october 15,2002 and earlier, did not immediately file for adjustment of status but instead they will only file now this coming january 2008? is it believable that there are still applicants who will be filing now this janiuary 2008 even though their priority date is as early as october 15,2002?
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iptel
12-10 10:13 PM
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
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pappu
11-17 03:13 PM
In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
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fundo14
04-08 01:01 PM
I did my landing this weekend.
Every thing went smooth both on US and Canadian side.
I was not asked any questions.
Just wanted to let everyone know.
Hi,
Did you used AP while coming back?
From Which port you enetered back in US?
Thanks.
Every thing went smooth both on US and Canadian side.
I was not asked any questions.
Just wanted to let everyone know.
Hi,
Did you used AP while coming back?
From Which port you enetered back in US?
Thanks.
cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
pmpforgc
02-07 10:55 PM
Blacks, Latinos and even us Indians have reservation in the US. We get reservations right from Kinder garden, thru college and job opportunities. Many Federal govt. contracts are reserved for minorities and women.
[QUOTE=rbusgc;2310783]
I love this thread and will comment more later.
But wanted to correct that in Most instance in US they dont apply MINORITY benefits to ASIAN people MAINLY because THEY are high ACHIVER in this Countrry. In most of the great colleges and MEDICAL SCHOOLS they TRY AS MUCH as possible to LIMIT asians in ADMISSIONS. Also When They talk about DIVERSITY they only talk about AFRICAN AMERICANS mostly.
I am surprised that THOUGH ASIANS are very little in NUMBER in US they mostly dont get BENEFIT that MINORITY should get officially.
I hope at some point SOME of OVER ASIAN kids will take MEDICAL SCHOOLS DISCRIMINATION against ASIANS in the SUPREEEM COURT in US.
When it comes to Minority dont consider Yourself or your kids to get any MINORITY benefits in US. IT is mostly RESERVED FOR AFRICAN AMERICANS and in SOME INSTANCES for HISAPANIC though they are in LARGE NUMBER compare to ASIAN in this GREAT COUNTRY of USA !!!
[QUOTE=rbusgc;2310783]
I love this thread and will comment more later.
But wanted to correct that in Most instance in US they dont apply MINORITY benefits to ASIAN people MAINLY because THEY are high ACHIVER in this Countrry. In most of the great colleges and MEDICAL SCHOOLS they TRY AS MUCH as possible to LIMIT asians in ADMISSIONS. Also When They talk about DIVERSITY they only talk about AFRICAN AMERICANS mostly.
I am surprised that THOUGH ASIANS are very little in NUMBER in US they mostly dont get BENEFIT that MINORITY should get officially.
I hope at some point SOME of OVER ASIAN kids will take MEDICAL SCHOOLS DISCRIMINATION against ASIANS in the SUPREEEM COURT in US.
When it comes to Minority dont consider Yourself or your kids to get any MINORITY benefits in US. IT is mostly RESERVED FOR AFRICAN AMERICANS and in SOME INSTANCES for HISAPANIC though they are in LARGE NUMBER compare to ASIAN in this GREAT COUNTRY of USA !!!
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