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bheemi123
10-03 01:31 PM
I am in a very Bad situation it seems, please help.

I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

Please help


Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..





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GCard_Dream
12-13 01:18 PM
I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.

Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.

If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.

We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.



All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

Hope this explains this topic. Thanks





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desi3933
01-30 02:08 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?

I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.


Crazyghoda -

The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.

RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.

245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).

Please have all AC-21 related documents for latest job (or job offer).

Good Luck.

____________________
Not a legal advice.
US Citizen of Indian Origin





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waitingGC
01-16 06:21 PM
I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.

Until now, it was pending approval. Now Immigration Voice is a non-profit for sure and this means that we do not pay taxes on the income. This also means that no volunteers can get paid compensations for the work done.

Immigration Voice will file the tax return as a non-profit and hopefully, that will remove doubts from some members/visitors that all the money is spent only on advocacy(lobbying) and website maintenance and no one is personally profiting from this effort.

This is a big relief for us and now its time to file taxes.

I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.

So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.



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coopheal
04-09 05:47 PM
Wiki updated to include May VB.

Past Visa Bulletin Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data)





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dvb123
02-03 10:03 AM
I cannot post the company name here because it maybe a copyright issue. A consulting company advertises ROW guys/gals to join their company .It tells a story about a ROW guy who worked in a fortune 500 company for 5 years but they did not file a green card for him. He joined SAGA and got his green card immediately and the whole process from PERM - GC card took less than 9 months.

I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.

Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.



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aadimanav
09-26 11:57 AM
IV members won.

Wordings changed:

"..The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. ....."





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bharol
07-28 01:16 PM
can the person who started the thread tell me how is this issue related to Green card backlog or any other immigration related issue?
:mad:



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StarSun
02-07 08:35 AM
immig4me, can you keep the advocacy thread on the home page in the weekend too?





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harish
04-24 10:07 AM
Congrats Googler!

I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.

EB2, NSC PD 10/02
I-485 RD - 02/2007
Approval Notice - April 23'08

Congratulations and enjoy the green!



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k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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nojoke
10-20 01:36 AM
nojoke dont get emotional. we have no bone to pick with either obama or mcccain. We are talking about who is better for eb immigrants, so either you talk about what obama can offer or has offered to eb immigrants, unfortunately you cannot because obama is anti eb immigrants, so you are spewing the democratic talking points here and changing the topic. This is not a political site please dont bring politics here and concentrate on eb policies of the candidates.

Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.



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Tito_ortiz
02-13 03:56 PM
His views are distorted.

Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.





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chanduv23
11-14 10:44 AM
Dont take me wrong on this one... but If I am not wrong rajuram wants some one from her dis. to call her. Here is my experience in this week.

I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.

'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'

We need some one from her district to call her office and find out.

We need support from california members on this one.

Rajuram can call his local office. Rajuram can energize base around him and lead a team. There are a lot of things Rajuram can do other than sit and give orders to others.



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bitu72
01-31 10:04 AM
first of thanks a lot for taking time and explaining this in detail.

so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.

RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.





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jnagendra
09-10 02:10 PM
extended lunch session...!!! .

They went at EST and back at PST:D



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Mr. Brown
03-10 04:29 PM
Hello,
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.

I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.

By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.

Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.

Thank you.
Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.





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arsh007
02-13 10:27 AM
First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.

Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.

You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".

If you want to go thru all this, then yes, desi consulting firms would work for you.

Granted that most desi companies follow the business practices described above. However there are some who are really professional, incorporate good business practices and ethics. However not every job or company is perfect. For example consider the following:

1. Large US American Consulting companies (the so called direct vendors) treat you well, have less project travel, pay you on time, provide good benefits and have good business processes. However when the market goes south and you end up with no project for a prolonged period of time then a layoff is imminent. You loose the time invested in GC processing with the company and have to start from scratch. On the contrary a desi company is aware of the immigration dependencies and limitations of H1 holders and firing or layoff of an employee is the last item on their last.

2. US Direct employer is pretty much the same as the direct vendors.

The best option would be to check with friends and networking contacts about a particular desi company before joining. Another suggestion would be to research sites like www.desicrunch.com for additional information.





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tushar123
02-13 09:20 PM
Dude you pay taxes for all the facilities that you are enjoying in this country.... nothing is free here.


No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.

Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of ALL AMERICAN FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.


.





shreekhand
08-16 02:53 PM
There is no injustice in the VB...just a higher demand from EB3.

If there is any injustice then it is with the present per country limits without regard to the demand and skills that emanate from a country.

It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?





desi3933
03-10 01:43 PM
This is turning out to be TRUE.

Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.

I am expecting lot of REDs on this one.

Thanks,
MDix

>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.

Would you mind explaining two "they" here? Whom you are referring to?

Hint: This is a trap question.



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