de2002
04-07 02:34 PM
I dont know why whenever someone pull this post everone will read. "Hope" is the only attracting force behind it. As long as "Hope" exists we all will be participate in this game......
Be positive we will also have a day); I wish it to be happen by this year.
Be positive we will also have a day); I wish it to be happen by this year.
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ronhira
05-29 11:13 AM
This is the third time an Indian American has won the competition in a row.
BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.
All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.
Maybe your parents did not hug you enough when you were growing up, but that's not a justifiable reason to be jealous from these kids.
We are all born as genius, life de-genius us. Each one of us have the ability to be brilliant, it just depends how each one of us chose to spend our time. Folks who spend their time constructively are brilliant, because they have learned to ignore the negative. That's why these kids are brilliant and that's why they have the talent.
A growing child with aspirations looking for a parent to comfort and console them is not a sign of weakness, its a sign of a strong bond between the child and the parent, I guess thats a cultural thing. And a strong bond with parents that takes away nothing from them for being recognized for their talent.
As far as being forced by parents is concerned, I know for fact that I would have NOT gone to University to get a degree if my parents were not there to guide me at that age. If parents use constructive guidance that allows the children to strive and become better citizens of the society, that's called "personal responsibility". Last time I check, someone became the President of this country speaking in favor of "personal responsibility" and "responsibility of parents". Was that wrong?
BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.
All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.
Maybe your parents did not hug you enough when you were growing up, but that's not a justifiable reason to be jealous from these kids.
We are all born as genius, life de-genius us. Each one of us have the ability to be brilliant, it just depends how each one of us chose to spend our time. Folks who spend their time constructively are brilliant, because they have learned to ignore the negative. That's why these kids are brilliant and that's why they have the talent.
A growing child with aspirations looking for a parent to comfort and console them is not a sign of weakness, its a sign of a strong bond between the child and the parent, I guess thats a cultural thing. And a strong bond with parents that takes away nothing from them for being recognized for their talent.
As far as being forced by parents is concerned, I know for fact that I would have NOT gone to University to get a degree if my parents were not there to guide me at that age. If parents use constructive guidance that allows the children to strive and become better citizens of the society, that's called "personal responsibility". Last time I check, someone became the President of this country speaking in favor of "personal responsibility" and "responsibility of parents". Was that wrong?
homerli
08-11 09:13 AM
You don't need to worry.
Your PD will be current in Oct or Nov for sure. With the current way of USCIS handling visas, there will be no big retrogress or big advance. Oct bulletin will stay the same or move forward.
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
Your PD will be current in Oct or Nov for sure. With the current way of USCIS handling visas, there will be no big retrogress or big advance. Oct bulletin will stay the same or move forward.
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
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gcisadawg
01-22 10:23 AM
So, if there are 400k pending applications and recapture can get us 215K, has anyone done some analysis on how the 215k will be divided among countries and categories?
Will this make EB2I current and EB3 I beyond say 2005?
I don't think any analysis is done. That is only going to divide the community.
Some would say preference be given to EB category benefiting EB2(I&C).
Some would say PD should be given preference predominantly benefiting EB3(I).
If they follow the current spill-over rules, as you are aware, EB category would be given preference.
Will this make EB2I current and EB3 I beyond say 2005?
I don't think any analysis is done. That is only going to divide the community.
Some would say preference be given to EB category benefiting EB2(I&C).
Some would say PD should be given preference predominantly benefiting EB3(I).
If they follow the current spill-over rules, as you are aware, EB category would be given preference.
more...
miththoo
11-07 02:01 PM
Does any of you trade in Indian shares? If so, did you have to open the PIS NRE account to do trading in Indian shares ? I heard that NRI from USA can not use the normal demat account to do the trading in secondary market in India.
Thanks,
Miththoo
Thanks,
Miththoo
lelica32
05-22 11:56 AM
I cannot open the processing times site. Can be that they change samething, or my computer didn't work.
Can someone proof please.
Server is currently unavailable or down for maintenance
Can someone proof please.
Server is currently unavailable or down for maintenance
more...
snram4
02-12 09:44 PM
You just had diploma and filed in EB2 to get GC fast. I think you took unnecessary risk of filing in EB2. It was sad that no one advised you at that time. If you would have filed in EB3 then CIS would not have asked much questions and approve I140 and I485. Anyhow you still have chance to fight and win but by the time you get GC you may lose lot of sleep. Probably it is worth to wait more EB3 than getting so much stress in EB2.
I140 was approved by NSC
I140 was approved by NSC
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go_guy123
07-02 11:07 AM
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
Excellent find, lazycis !!!!!
This can be a good precedent case for class action lawsuit. Because law never says that
EB visa quota gets lost if unused.
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
Excellent find, lazycis !!!!!
This can be a good precedent case for class action lawsuit. Because law never says that
EB visa quota gets lost if unused.
more...
McLuvin
03-26 02:47 PM
this is the highlight thread of the month... every month... this is the exciting, nail biting, end of the stick excitement that keeps me on this site forever... really...
The best way to put it is...
This thread is like the last ball chetan Sharma bowled to javid Maindad, and india lost....
I mean we know that the dates are not going to move by miles... still we keep the lights on... :D
The best way to put it is...
This thread is like the last ball chetan Sharma bowled to javid Maindad, and india lost....
I mean we know that the dates are not going to move by miles... still we keep the lights on... :D
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gk_2000
06-29 11:01 PM
This is so obvious even to the most foolish of fools. What are they thinking?
Perhaps there is something more to it. Nothing ever is so blatantly "obvious". Or maybe it is just my optimistic side
Perhaps there is something more to it. Nothing ever is so blatantly "obvious". Or maybe it is just my optimistic side
more...
memyselfandus
08-05 10:18 AM
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
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prolegalimmi
03-27 08:43 PM
Wow PCS, your case is great example!!!
I vote for PCS
My vote goes to PCS for now.
I vote for PCS
My vote goes to PCS for now.
more...
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srinivasj
08-10 10:43 PM
But the bulletin still shows only the Aug dates
:mad:
:mad:
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bluekayal
10-10 05:48 PM
Thanks!
kayal,
AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.
talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.
kayal,
AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.
talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.
more...
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champu
01-26 05:38 PM
Hope is the new word americans learnt...
we should learn it too.
we should learn it too.
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tooclose
08-12 12:29 PM
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
more...
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unitednations
04-20 11:56 AM
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
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titu1972
07-19 01:36 PM
Delivered on July 2 10:20am
-------------------------
EB2 - PD 07/2005
I-140 Approved 04/19/2006
I-485 - RD??????
-------------------------
EB2 - PD 07/2005
I-140 Approved 04/19/2006
I-485 - RD??????
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bigboy007
07-25 04:49 PM
Expectation is itself on July 2nd courier based Apps were around 20000+ but ofcourse after 2nd the no. of applications significantly reduced hope for the best
clear485
07-04 03:06 PM
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
anancish
07-26 07:15 PM
My question involves employment and labor law for the state of: CA
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
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