funny
09-22 01:44 PM
Sorry folks for creating one more thread...But i think its time to get energized again and start afresh( some people might not be looking into the IV call campaign...becuase of too much depression..resulting from the HORSE discussion last week in the senate..)
People..start burning those phone lines again...
Schedule on 23rd September - Tomorrow
http://judiciary.house.gov/hearings/calendar.html
People..start burning those phone lines again...
Schedule on 23rd September - Tomorrow
http://judiciary.house.gov/hearings/calendar.html
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gc28262
06-12 12:00 PM
Interesting analysis.
However with country cap in place and if EB-ROW candidates are in plenty, India and China cannot advance even if visa numbers are available.
However with country cap in place and if EB-ROW candidates are in plenty, India and China cannot advance even if visa numbers are available.
gg_ny
04-25 09:07 PM
on the contrary, the point based system completely eliminates the need of a lawyer, with the canadian and australian system u just need to do the work urself online and the balls starts rolling then, it'll be interesting how they react to this
Maybe for the educated few (in the crowd of thousands with different eligibilities). And imagine a few millions with no or dubious papers getting on the line in next few years. Just because one can apply for PR with Canada and Australia easily, it cannot be assumed that the process would be similar for US. I do not know about Australia, but comparted to Canada, I am pretty sure there would be more people wanting to come to US and the restrictions are going to be more. Three things are inescapable here for anything to do with the feds: tax, lawyers and lawyers. Any immigration reform in which the lion's share does not go to the lawyers will not reach even the banks of Potomac.
Maybe for the educated few (in the crowd of thousands with different eligibilities). And imagine a few millions with no or dubious papers getting on the line in next few years. Just because one can apply for PR with Canada and Australia easily, it cannot be assumed that the process would be similar for US. I do not know about Australia, but comparted to Canada, I am pretty sure there would be more people wanting to come to US and the restrictions are going to be more. Three things are inescapable here for anything to do with the feds: tax, lawyers and lawyers. Any immigration reform in which the lion's share does not go to the lawyers will not reach even the banks of Potomac.
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spicy_guy
10-01 08:20 PM
I don't think that the rules are unfair. If both parents are Indian citizens, then the child is eligible for primary citizenship of India. Hence how can he be allowed to take OCI when he infact can get primary citizenship? Also the rules are created with rules for all countries in mind not just USA and also they are intended to protect those who lived in India, paid taxes in India and these rules are to protect interests of children born in India.
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
Unless in some exceptional cases, I don't think US kids can education in India at regular fee schedule. How do you prove your kid is an Indian Citizen, to consider your kind under regular fee schedule?
So..... didnt this put Indian kids born in India at disadvantage?
Did you actually know how they did it?
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
Unless in some exceptional cases, I don't think US kids can education in India at regular fee schedule. How do you prove your kid is an Indian Citizen, to consider your kind under regular fee schedule?
So..... didnt this put Indian kids born in India at disadvantage?
Did you actually know how they did it?
more...
rkg000
08-26 06:22 PM
regarding FP, there are cases where no FP notice came after July 2007 filing, like mine, thats more than 15 months. And recenlty my friend's wife who applied as his dependent got FP notice, but he didn't. He's july 2007 filer too. So, not sure if FP notice really means anything.
n2b
08-15 12:18 PM
It would give some idea I think
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
http://www.usvisahelp.com/art_intent.html
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment
Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.
For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?
more...
BharatPremi
11-08 02:20 PM
"
Just my 2 cents.
Regards.
No. It is worth 2$ write up... not 2 cents :)
Just my 2 cents.
Regards.
No. It is worth 2$ write up... not 2 cents :)
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PavanV
10-11 01:01 AM
BharatPremi,
Looks like we are in minority :), I guess people need to be educated about legalities of the immigration system, just because one applies for a green card , or one gets a Green card, he/she does not become part of the country.
Please remember this folks, till you become citizens you are still representing your home country :), and BharatPremi mentioned US of A only expects that you don't indulge in any activities that the government lists as against the US of A, after all we are all here only because the country allowed us in because they perceive there is a need for high skilled labor, letting us contribute and at the same time benefit from this huge economy,we are at their discretion legally, and they can show us the door just as the way it was opened to let us in, just because you are here does not mean you can demand rights :) and call this your home country, that is what the illegals do. I am sorry for sounding so depressing, I witnessed a mass layoff at my company and a lot of my friends (Americans) who are very senior folks were let go, I was spared, somehow that is hurting my conscience, and I am not in a position either to voluntarily give up my job.I want everybody to be happy, and prosper, layoffs reflect the ugly side of capitalism, the weak and old are exploited.
All the best in your immigration process folks, you will need all the luck to stay here.
Sarve jano sukhino bava (Let everybody be happy)
Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?
Do you have any reading comprehension capabilities?
Read the first sentence of following link and let me know what do you comprehend?
Your lesson for US immigration starts from here.
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Best Luck.
Looks like we are in minority :), I guess people need to be educated about legalities of the immigration system, just because one applies for a green card , or one gets a Green card, he/she does not become part of the country.
Please remember this folks, till you become citizens you are still representing your home country :), and BharatPremi mentioned US of A only expects that you don't indulge in any activities that the government lists as against the US of A, after all we are all here only because the country allowed us in because they perceive there is a need for high skilled labor, letting us contribute and at the same time benefit from this huge economy,we are at their discretion legally, and they can show us the door just as the way it was opened to let us in, just because you are here does not mean you can demand rights :) and call this your home country, that is what the illegals do. I am sorry for sounding so depressing, I witnessed a mass layoff at my company and a lot of my friends (Americans) who are very senior folks were let go, I was spared, somehow that is hurting my conscience, and I am not in a position either to voluntarily give up my job.I want everybody to be happy, and prosper, layoffs reflect the ugly side of capitalism, the weak and old are exploited.
All the best in your immigration process folks, you will need all the luck to stay here.
Sarve jano sukhino bava (Let everybody be happy)
Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?
Do you have any reading comprehension capabilities?
Read the first sentence of following link and let me know what do you comprehend?
Your lesson for US immigration starts from here.
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Best Luck.
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newbie2020
09-08 10:31 AM
Generally most companies are comfortable doing a 1099 on Corp to Corp than doing a 1099 with an individual. In both cases it is 1099 and company pays $$ as agreed.
There is one major difference why companies want to do business with consulting firms rather than individuals as the perception is when doing business with a firm as opposed to individual you deal with so many people (not just one) who share the responsibilities. If for some reason things don't work with the consultant the company can request the consulting firm to provide substitute so on so forth.
Also firms are perceived financially Strong, can afford $3M+ insurance (just in case something goes wrong) while individual may not be in similar position
it is always better to go with a Consulting firm rather than going individually (Pros certainly outweigh all the cons)
If you have a GC you can incorporate your own company and work ( If you are ready to take additional headache, If not better work for a consulting firm)
There is one major difference why companies want to do business with consulting firms rather than individuals as the perception is when doing business with a firm as opposed to individual you deal with so many people (not just one) who share the responsibilities. If for some reason things don't work with the consultant the company can request the consulting firm to provide substitute so on so forth.
Also firms are perceived financially Strong, can afford $3M+ insurance (just in case something goes wrong) while individual may not be in similar position
it is always better to go with a Consulting firm rather than going individually (Pros certainly outweigh all the cons)
If you have a GC you can incorporate your own company and work ( If you are ready to take additional headache, If not better work for a consulting firm)
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gaz
04-20 12:15 PM
it may be so in some scenarios - but i'm not sure if thats the rule rather than the exception. but then again - i'm speaking from my limited experience in this area, which does not include a consultant position (have always been a full time employee), and could very well be wrong about how this works in the consulting world.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
more...
vpgreencard
07-30 09:49 PM
Please don't start these kind of useless thread
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hopefulgc
09-05 02:15 PM
Given that AOS drags on for 3-4 years, I would regard that not seeing your mum for 3-4 years in a row would qualify as an emergency.
If you had a bad experience, please make it a point to file a complaint.
Please do not take the abuse lying down.
AFAIK, AP is considered only for emergency travel. That said, I think the officer was being over reactive.
As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...
If you had a bad experience, please make it a point to file a complaint.
Please do not take the abuse lying down.
AFAIK, AP is considered only for emergency travel. That said, I think the officer was being over reactive.
As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...
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coolman
08-25 06:05 PM
I could not vote .My PD is Dec 2005
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sertha1
06-25 09:08 AM
I sent you a private message. Could you please respond?
H1 was approved some time last year and H1B started from 10/1/2006.
H1 was approved some time last year and H1B started from 10/1/2006.
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gconmymind
08-27 03:11 PM
Per my attorney and several forums i researched a second FP Is generally sent when your case is about ready to be approved and normally a good sign as they can approve GC and ask for FP after that before sending you cards. However in one forum i found someone posted a DHS release from 2007 describing the FP data is switched to digital storage in a system called BSS and will remain valid for 75 years, thus one theory says that if your first FP was done digitally you may not need second FO and IO can access the results of first FP and approve. But who knows what is true, all of these are speculations.
I have not got second FP notice either and my first and only FP happened in Nov 2007.
I got a 2nd FP notice for 485. I will be current next month. I also applied for AP last month, which got approved yesterday. Not sure if AP application triggerred the FP notice or if there is a chance I can get approved next month??
I have not got second FP notice either and my first and only FP happened in Nov 2007.
I got a 2nd FP notice for 485. I will be current next month. I also applied for AP last month, which got approved yesterday. Not sure if AP application triggerred the FP notice or if there is a chance I can get approved next month??
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gcdreamer05
01-14 01:09 PM
I just wish this is true and also wish that guy burger king (a.k.a steve king) does not filibuster this tooo....
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chanukya
04-05 09:50 PM
Yes
yes
yes
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01-24 07:10 AM
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gdhiren
07-06 02:23 PM
I think we have a very strong case this time. After what happened with June VB Other workers (rejecting without any announcement based on internal memo), USCIS/DOS tried to cover their ASSes (with a BIG hole in the cover right in the middle) this time by revising the VB with announcement from both agencies.
Sure there are multiple categories of people but from a Litigation lawyer point of view, they always first try to generalize the case and depending on it goes can come up with specific group/point. I undoubtedly think AILF is preparing the cases depending on each scenario, go ahead with the wide group first and then narrow it down if needed or may be file a multiple lawauits.
Meanwhile we should do our parts by sending emails/calls/faxes to lawmakers and media, contributing and supporting the AILF lawsuits every way we possibly can.
Sure there are multiple categories of people but from a Litigation lawyer point of view, they always first try to generalize the case and depending on it goes can come up with specific group/point. I undoubtedly think AILF is preparing the cases depending on each scenario, go ahead with the wide group first and then narrow it down if needed or may be file a multiple lawauits.
Meanwhile we should do our parts by sending emails/calls/faxes to lawmakers and media, contributing and supporting the AILF lawsuits every way we possibly can.
wrldnw4me
02-24 04:13 PM
Waldenpond,
It was my second contribution...
Thanks
It was my second contribution...
Thanks
nonimmi
06-25 11:18 AM
In case of efiled AP, will there be any FP as required for efiled EAD?
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