samay
07-28 04:25 PM
question for lawyer.
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.
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srkamath
07-25 09:46 PM
It is really simple.....
Vertical Spillover
EB2 (IN) ~ 12000 / year
EB3 (IN) ~ 18000 / year
Horizontal Spillover
EB2 (IN) > 18000 / year
EB3 (IN) < 12000 / year
On another note.
There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.
It is just like high oil prices - make hay while........
Have faith in America, history shows it rights itself sooner rather than later.
Vertical Spillover
EB2 (IN) ~ 12000 / year
EB3 (IN) ~ 18000 / year
Horizontal Spillover
EB2 (IN) > 18000 / year
EB3 (IN) < 12000 / year
On another note.
There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.
It is just like high oil prices - make hay while........
Have faith in America, history shows it rights itself sooner rather than later.
irock
07-29 01:45 PM
Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf
There are 14 E2 appointments in Aug.
There are 14 E2 appointments in Aug.
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alterego
10-04 05:50 PM
I have seen all sorts of posting on both this forum as well as others supporting the process of labour substitution.
This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.
That is my best asssessment of this situation.
This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.
That is my best asssessment of this situation.
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go_guy123
06-14 06:03 PM
The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.
Point system hasn't worked well for Canada. Therefore Canada started tweaking the system since 2002 and recently again in 2008 when they restricted to 38 occupations or Canada educated/work-experienced students. I was luckly to get in when the door was open. That time the US door was almost closing. That was the smartest thing I did in recent years.
Point system hasn't worked well for Canada. Therefore Canada started tweaking the system since 2002 and recently again in 2008 when they restricted to 38 occupations or Canada educated/work-experienced students. I was luckly to get in when the door was open. That time the US door was almost closing. That was the smartest thing I did in recent years.
485Mbe4001
01-23 04:50 PM
what happens to the people who got their GC's using labor from this guys company? Hopefully they are not affected, it will be sad to see their lives in trouble because of him.
more...
gc_bulgaria
02-12 02:52 PM
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
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Keeme
05-01 04:19 PM
Hi Keeme,
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?
more...
snathan
05-01 11:29 PM
friends lets not fight and over estimate ourselves ..we cannot do anything to solve or highlight our own issues ..then how can we do anything about something happening far away !!!
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
We are not fighting here for the LTTE or SL. We are not happy to see how our incumbant Indian govt is. This is the same fate we/our generation going to face in the future whatever may be the reason.
Somewhere in the world when one jew is getting killed how the ISREAL govt is reacting. They never mind to go after those guys. But we are unfortunate not to have such govt.
Well..I wont post anything in this thread anymore.
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
We are not fighting here for the LTTE or SL. We are not happy to see how our incumbant Indian govt is. This is the same fate we/our generation going to face in the future whatever may be the reason.
Somewhere in the world when one jew is getting killed how the ISREAL govt is reacting. They never mind to go after those guys. But we are unfortunate not to have such govt.
Well..I wont post anything in this thread anymore.
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gc_chahiye
06-28 07:14 PM
My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....
can you name this firm please?
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
can you name this firm please?
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
more...
unseenguy
08-16 06:03 PM
My point is Indians do not have the balls to do it. Forget americans....they can not even touch an indian MP. Every day lots common people going through this security check. Whats so special about SRK. He is king only in his mind/heart. For lot of people he is crap. No special treatment. Whats the big deal if he is detained for 1 hr. The world is not going to end
Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.
Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.
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akred
06-12 12:04 PM
Now to prove my point that we had all of today's similar issues then. Here is my after GC post.
http://forums.immigration.com/showthread.php?t=84252
I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.
Peace !!
You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.
http://forums.immigration.com/showthread.php?t=84252
I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.
Peace !!
You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.
more...
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alisa
02-18 12:10 PM
Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......
I differ with you again, my friend.
The main reason(s) behind less mobilization is this. Pappu described this on a different thread.
1) Ignorance about the true nature of the problem
People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.
2) Lack of faith and understanding of the system
People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.
We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.
I differ with you again, my friend.
The main reason(s) behind less mobilization is this. Pappu described this on a different thread.
1) Ignorance about the true nature of the problem
People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.
2) Lack of faith and understanding of the system
People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.
We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.
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ramus
06-28 01:00 PM
Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
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snathan
01-15 06:37 PM
That is true. No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1. If american public gets exact data about outsourcing then they will oppose that also and goverment has to act. But there is no legal binding for Government or Corporations to give data about outsourcing. Some time back most manufacturing went silently out of USA and when people started realizing it was too late to act. But relaxing immigration will not prevent outsourcing as everything is based on cost
Then USA become USSR and go down the toilet....
Then USA become USSR and go down the toilet....
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belmontboy
08-15 04:17 PM
Welcome to our troubles Mr SRK.
Nobody cared for hapless NRI's all these days.
One fine day, Mr SRK gets the treatment, and suddenly everybody starts jumping.
Nice to see every Brown skinned being treated the same way.
Nobody cared for hapless NRI's all these days.
One fine day, Mr SRK gets the treatment, and suddenly everybody starts jumping.
Nice to see every Brown skinned being treated the same way.
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logiclife
01-23 04:51 PM
--thanks...edited my comments per your suggestion - logiclife
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GC_ki_daud
07-11 04:07 PM
I have
EB3 140 approved for June 2004
and
EB2 140 approved for May 2006
My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004
But now, In this August VB , My EB2 became current .
What I did not anticipate was the huge 2 year+ jump in EB2 dates
My 485 was filed in July 2007 and shows the status pending since then.
I asked my lawyer which 140 did he use to apply my 485 and he says "Both"
I am confused with a couple of things
1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .
2. If I call USCIS , will they be able to tell me which 140 was used to file my 485
EB3 140 approved for June 2004
and
EB2 140 approved for May 2006
My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004
But now, In this August VB , My EB2 became current .
What I did not anticipate was the huge 2 year+ jump in EB2 dates
My 485 was filed in July 2007 and shows the status pending since then.
I asked my lawyer which 140 did he use to apply my 485 and he says "Both"
I am confused with a couple of things
1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .
2. If I call USCIS , will they be able to tell me which 140 was used to file my 485
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chanduv23
07-21 03:31 PM
After participating and running so many campaigns on IV, it may not be a bad idea to run a campaign to addrss the same
Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"
Reqruit volunteers who would act like ammway victims
Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....
Post all their information on a website.
Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.
Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.
They will then realise how much they are hated for what they are and what they do.
At some stage, this menace will stop.
Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"
Reqruit volunteers who would act like ammway victims
Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....
Post all their information on a website.
Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.
Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.
They will then realise how much they are hated for what they are and what they do.
At some stage, this menace will stop.
ramus
06-28 08:37 PM
If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
desi3933
07-29 12:28 PM
....
....
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
....
....
I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.
__________________
Not a legal advice.
....
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
....
....
I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.
__________________
Not a legal advice.
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