jchan
08-25 01:08 PM
I searched immigrationportal.com and only found few than three cases in the last three months about H1B denial. The number does not seem to be unusually high to me.
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narendery
08-18 01:45 PM
I have a question from members who are getting ADIT Processing message. When did you file your I-485's? I am trying to figure out if USCIS is approving cases for those who filed recently w/o waiting for the ADIT or is it that the case was filed long time back and the previous ADIT has expired.
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
bkarnik
02-11 01:13 PM
Id # 8rj64250st743474y
2011 Bowl and Vanessa Hudgens
kk_kk
11-17 07:28 PM
done. Thanks
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Ushakiran
05-08 05:59 PM
should we add the following content?
EB quota is only a small share compared to overall immigration quota. Per Country cap on family based immigration can still be remained to ensure diversity. However, we request to remove country cap on EB immigration. US employees are only looking for talents to keep competitiveness, no matter the talents is from India, China, or Luxembourg .
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
EB quota is only a small share compared to overall immigration quota. Per Country cap on family based immigration can still be remained to ensure diversity. However, we request to remove country cap on EB immigration. US employees are only looking for talents to keep competitiveness, no matter the talents is from India, China, or Luxembourg .
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
MightyIndian
04-25 05:44 PM
I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.
I think most of us desis consider other desis to be inferior and treat them so.
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.
I think most of us desis consider other desis to be inferior and treat them so.
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ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
2010 A atriz agora é a Mimi,
kondur_007
07-26 05:49 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
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MCQ
05-01 03:14 PM
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
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arihant
06-11 05:39 PM
They sent you receipt before cashing the checks?
Most likely the check was deposited earlier, but his/her bank statement had a delay in updating. Sometimes, when the amount in the check is large, it goes through a review process by banks and so your bank statement will not update for a few days after the check was actually deposited.
Most likely the check was deposited earlier, but his/her bank statement had a delay in updating. Sometimes, when the amount in the check is large, it goes through a review process by banks and so your bank statement will not update for a few days after the check was actually deposited.
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snathan
02-09 12:41 PM
Only five guys so far....pathetic.
Guys Wake...are you the one want to fix the problem or just another free rider
Guys Wake...are you the one want to fix the problem or just another free rider
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eb3_nepa
05-02 02:57 PM
Hm....
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
GCby3000 u wud still apply under Eb1 and Eb2 depending on the job requirement and ur personal skills. It is just that u will be Exempt from the Cap i.e. the yearly quota for GCs, IF you have an advanced degree in the US.
Now you can be an Eb2 even without a masters in the US, if you have outstanding management ability and ur job demands that kind of management skill level. In that case the yearly quota cap would apply to u, but if u have an advanced degree in the US the cap wud not apply to u.
What degrees are considered as advanced degrees in the SKIL bill maybe some on here can clarify. Is it the same definition as the STEM or is it different?
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
GCby3000 u wud still apply under Eb1 and Eb2 depending on the job requirement and ur personal skills. It is just that u will be Exempt from the Cap i.e. the yearly quota for GCs, IF you have an advanced degree in the US.
Now you can be an Eb2 even without a masters in the US, if you have outstanding management ability and ur job demands that kind of management skill level. In that case the yearly quota cap would apply to u, but if u have an advanced degree in the US the cap wud not apply to u.
What degrees are considered as advanced degrees in the SKIL bill maybe some on here can clarify. Is it the same definition as the STEM or is it different?
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chanduv23
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.
One thing we have to understand - employer can decide to hire who they want but must not discriminate.
Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"
Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.
One thing we have to understand - employer can decide to hire who they want but must not discriminate.
Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"
Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"
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tikka
06-05 07:43 PM
GUYS/ GALS
Please contribute to IV.
Please contribute to IV.
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apahilaj
08-08 10:04 AM
Congrats!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
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gsc999
07-06 07:37 PM
We would all like to part of a rally or protest but why give us only one days notice? Surely most people will not have read this post by tomorrow. We should organize this properly by sending out the message to the community well in advance and getting the required permits (I mean if you want this to be in any way successful that is).
--
This idea seems to have originated in a Chinese website that fightnow quoted in an earlier post. Lets coordinate this event for 14th July. Please join the Northern California IV group for more focussed effort on this issue.
--
This idea seems to have originated in a Chinese website that fightnow quoted in an earlier post. Lets coordinate this event for 14th July. Please join the Northern California IV group for more focussed effort on this issue.
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TeddyKoochu
09-11 11:43 AM
Dear friends we are all in this long and arduous journey together! So let�s channelize and focus our energies to achieve our goals & not scoring goals / points over each other. Iam new to this forum. I see this as an excellent place to get information and hear different points of view. I highly respect comments / suggestions from other members, I know this journey has taken a toll on everybody, however cheer up and never loose hope, each one of us will have our day, persistence and hard work always pays, merit must rule and may it overrule ! The silver lining is that several people got their GC�s this month so lets be happy for them, people are crossing the tunnel and seeing light, so will we one day.
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rcr_bulk
09-10 10:32 AM
I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..
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apnair2002
06-27 07:09 AM
source http://www.immigration-law.com/
GOOD NEWS
GOOD NEWS
kondur_007
07-19 02:49 PM
I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
h1bmajdoor
12-16 06:01 PM
As much as all of us on this board would like to get our GCs, remember that GC is just a means to an end, it is not the end itself. Dont make the GC so important that not getting it starts "depressing" you.
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
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