Sunday, June 12, 2011

meatballs and spaghetti

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  • 485Mbe4001
    02-10 05:11 PM
    how can they approve 485's by 2010 if there are very limited visas available. Getting EAD or AP is not the end of the road. Final freedom is when you get the GC and that is not possible if unless we all lobby to change the law....I hope people understand that we are in for a very long wait if there is not change in the law, quota..

    USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.

    Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.

    Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.

    http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs





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  • zoooom
    10-26 10:27 AM
    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?





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  • ashwin_27
    02-25 12:48 PM
    Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
    it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.





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  • drsnh123
    06-19 11:55 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote



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  • Prashanthi
    05-08 03:39 PM
    Based on the facts that you have given, you should be able to use 245K in this case.





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  • hsingh82
    03-09 09:47 AM
    Dear All,
    My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
    We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
    We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
    Amar

    Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).



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  • chi_shark
    04-29 05:42 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.





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  • priderock
    05-02 12:46 AM
    Link : (http://judiciary.house.gov/media/pdfs/Kaplan070501.pdf)

    Very interesting read.



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  • chitra
    02-26 01:50 PM
    Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.





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  • gc_check
    02-04 12:16 PM
    Yes, I did get 10 yr multiple entry visa for my mom. Sponsored my mom for visa in late 08, Dad no more, and was very worried since she is a widow and couple friends mom's visa was denied with similar circumstance. I'm on AOS, also used AC21. Did included all the documents, including copy of EAD, 485 RN and EVL from current employer. My mom works for central govt, in addition to docs I submitted she also took a NOC from her office and also a leave approval showing 3 months leave and copy of document showing property (only home) ownership in India. But nothing was asked/reviewed except a couple question about the sponsor(me) like work, duration of stay in US, last time in India, etc and was issued a visa. Ensure the paper work is done correctly and placed in order. The better the paper work, fewer the questions. Good luck.



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  • Photo: Spaghetti and Meatballs



  • Bogdan
    10-22 11:41 AM
    Good morning everyone!

    I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.

    Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.

    Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?

    I really appreciate any hint/advice and thank the helper(s) in advance.





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  • questions
    06-10 10:07 AM
    Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.

    -Sri

    Hi Sri,

    thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?



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  • pappu
    10-17 07:42 AM
    Friends,

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

    Do you absolutely need to file a new I140?

    Have you sought other outside legal opinions on this matter?





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  • krishnam70
    08-14 11:06 PM
    I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
    Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.

    Thank you

    Spending a few minutes and searching through the forum would probably answer some of the basic questions and some of them are posted in the sticky's but people dont have the patience and they need answers straight away and open a a new thread. So how would you the threads to be less. If a 5 people open threads just to talk about receipts or dhl or ups or fedex tracking then it would add no value but just threads..
    --go figure ..

    cheers



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  • gsc999
    04-20 02:11 PM
    I have met the congressmen of my area, in person, have called senators of my state. I think singing and ringing can go hand in hand :) don't you sometime listen to music at work ?
    :)





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  • overseas
    10-09 03:36 PM
    The whole problem is where should I send my AP application to ?? :confused:

    It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.

    Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.

    USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)



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  • cdeneo
    06-18 02:07 PM
    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!





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  • lord_labaku
    12-03 03:12 PM
    sorry to disappoint you... i dont have quixtar or amway and none you guys can be potential customers unless you are business people who need marketing help in the specific industry that i am in... so - no - i am not going to throw you a sales pitch if you respond with your wisdom...

    Hopefully your attitude is a little better towards actual potential customers, who are business people, who need marketing help in the specific industry that you are in.





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  • chanduv23
    01-14 05:06 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks

    A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.





    485Mbe4001
    02-18 07:55 PM
    If anyone is from Augusta and wants to put up flyers in the temple there please send me a PM. I might be able to help.





    H1B-GC
    04-07 10:50 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    Congrats Fella!! Now time to stay at the Mail Box in the afternoon to check out the mail.Go 'Green' and pls. keep coming to the forum as and when time permits.



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