indyanguy
07-03 10:43 AM
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?
Thanks in advance
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?
Thanks in advance
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bfadlia
02-15 12:57 PM
You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Let's stay united and focus on the orignal agenda. Removing country based caps from Employment Based Green cards is a valid agenda and is been there before this VB popped up. Skills don't need a cap.Business should be able to hire best and brightest here without any country limits.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Let's stay united and focus on the orignal agenda. Removing country based caps from Employment Based Green cards is a valid agenda and is been there before this VB popped up. Skills don't need a cap.Business should be able to hire best and brightest here without any country limits.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
NKR
02-15 06:34 PM
probably true but because most of them are on H4 which means someone else in their family is H1.
what will they do at home anyway?. wouldn't it be better if they be allowed to work than force them to go and study?
what will they do at home anyway?. wouldn't it be better if they be allowed to work than force them to go and study?
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pappu
04-01 12:45 PM
Calm down everyone.
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
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unseenguy
06-12 10:06 PM
So you realized at the age of 35 that you needed MBA? Many smarter ones realized that at 25-30 age range. And they are the ones who will become future CEOs.
Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.
Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.
My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.
So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.
Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.
Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.
My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.
So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.
alex99
09-04 11:02 AM
YSR is far better than Chandrababu Naidu(Iron Leg) and Balakrishna
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NolaIndian32
09-22 03:55 PM
Hi Samay,
I would like to maintain my current H1b status (2nd three-year extension period; I have the approval notice but the visa is not stamped in my passport). I would like to travel to India and return using the Advance Parole document with just my H1b extension approval notice (only first H1b is stamped in the passport).
1. Can I do this?
2. Will this change my status from H1b to AOS? When I return from my visit to India, I would like to continue working on my H1b with my current employer. I have not applied for the EAD.
Please advise.
Thanks so much!
I would like to maintain my current H1b status (2nd three-year extension period; I have the approval notice but the visa is not stamped in my passport). I would like to travel to India and return using the Advance Parole document with just my H1b extension approval notice (only first H1b is stamped in the passport).
1. Can I do this?
2. Will this change my status from H1b to AOS? When I return from my visit to India, I would like to continue working on my H1b with my current employer. I have not applied for the EAD.
Please advise.
Thanks so much!
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pointlesswait
09-15 06:26 PM
its a temp relief..not a permanent one.;)
Lets all email : uscis ombudsman office...maybe that will be a good start.
Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there
Lets all email : uscis ombudsman office...maybe that will be a good start.
Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there
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12Karan
08-15 06:53 PM
Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.
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at0474
12-13 01:23 PM
"Fairness or not is not the issue. Question is can it be challenged in a court? "
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
more...
redcard
02-19 04:22 PM
Even US Ph D does not mean EB1. I know top 60 Schools in which fresh Ph D's (for Asst Prof) apply for EB2.
I don't know if any US MS will go through EB1.
What you are talking here is the Eb1-EA category.. and not the general EB1 category..
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
I don't know if any US MS will go through EB1.
What you are talking here is the Eb1-EA category.. and not the general EB1 category..
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
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eastindia
10-15 03:42 PM
proengineer why did you create a new profile to post this?
Why are you marketing a lawyer?
Why are you marketing a lawyer?
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vin13
09-15 12:52 PM
For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
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i-luv-tofu
07-27 12:40 PM
I am extremely interested in this business. Can somebody please refer me, I am in LA?
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cableman
05-10 09:29 PM
Thanks cableman.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
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abhijitp
06-28 04:51 PM
Not sure if this has already been posted, if so, pls accept my apologies.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
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ghouse1742
03-30 06:03 PM
We all have different views and support different nut jobs standing in elections. The real sad part is to see some people who I dont think are really bad, openly in this discussion forum putting one community down. Supporting a arsonist, a murderer, a rapist and who has blood of 2000 innocent people on his hands as a "good" administrator is an insult to the intellegence we all claim to have. All communities/castes/religions have suffered enough in India already and not one religion or people can claim to be on morally high ground. We all have kept quiet through the darkest times in India. We should not anymore. Stop insulting the great men (Nehru, Gandhi and others) of our country. With out them and their work we all would be polishing the shoes of some firangi. We are young and we should think about pushing India forward, otherwise some of us with our twisted thinking (for sure we are all showing here) will be the next numb nuts standing in the elections in few years. Jai Hind!!!
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Vishal2007
05-02 01:12 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
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Macaca
06-28 08:04 PM
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
at0474
12-14 01:09 PM
Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
--Cheers!
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
--Cheers!
chanduv23
02-13 11:55 AM
Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
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