Tuesday, June 14, 2011

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  • dreamworld
    06-13 06:39 PM
    if you are unmarried.. Please check with an attorney before filing i485:


    "Luxury of Additional Time to Find a Spouse
    Third, if one is unmarried, the I-485 applicant is given the luxury of more time to choose a spouse. That spouse can enjoy dependent benefits and obtain permanent resident status based on being married prior to approval of the I-485. This is a huge benefit to those who were intending marriage, but need more time for one reason or another. There is an enormous benefit to marrying prior to the approval of the I-485, rather than after. If the marriage takes place after the I-485 is approved, the case becomes a family case and the spouse can be stuck abroad waiting for several years.

    Note: A spouse is not entitled to obtain the "green card" automatically simply by getting married before the I-485 is approved. A spouse who gets married before the I-485 is approved is allowed to file and obtain the H4 visa from abroad and enter the U.S. on an H4 status as long as the principal maintains H1B status.

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  • GCneeded
    06-07 02:09 PM
    Immigration is a privilege when we enter the country. But when we have been here for such a long time, paid our taxes and respected the administration and bureaucracy, it�s our right. As for the job loss, no job is certain for anyone. But at least a GC holder can look for alternate jobs. He is not tied to his labor cert/employer. When employees post for job, they might say �need a citizen or gc holder�. But never say we only need a H1-B holder. So when we have respected and followed the rules of this country immigration becomes a right as logic life suggested.

    My 2 cents�

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  • perm2gc
    05-24 01:03 PM

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  • ItIsNotFunny
    11-04 04:11 PM
    That is the million dollar question :) and I wish we knew the answer

    Its sampling... whatever the % would be. Seems like still there is a good % EB3 I waiting before 2002.


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  • jthomas
    11-09 08:59 PM
    Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
    If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.

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  • B3NKobe
    06-12 08:10 AM
    Nice One Mate!! Looks very grungy indeed! Good style and welcome to the forums :D:D


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  • mmanurker
    08-11 11:52 AM

    EB3-I - PD: Dec'2003

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  • vasa
    07-15 10:45 PM
    Just Did...


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  • dpp
    11-06 04:13 PM
    I don't think it is correct. There is no requirement in H1B to look for American first, if nobody found then sponsor for H1B. It is there in GC process for labor market check. H1B law is not having tougher provisions to not to misuse it. So, thats that reason, some are misusing. Its like Labor substitution. Previously, there is no law that says you shouldn't substitute labor, but now we have it. It is about changing H1B law to reduce fraud.

    But as someone said, increasing H1B fees is not the way of controlling fraud. They should decrease the fees back to $360, just application fee, but correct the H1B law so that only people really need it will get the visas.

    The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!

    IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.

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  • transpass
    08-20 04:43 PM
    Given the backlog and mess...i wonder how many will be 26 and below. Mainly applies to family based immigration.

    Not necessarily....EB GC recipients have kids who might have gotten derivative GCs through parents...


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  • ItIsNotFunny
    08-25 05:28 PM
    its clearly written in Sep'2008 bulletin. However, seems like EB3-I wont' get any of it and all numbers will be given to EB2. we loose again.

    Its all EB2.

    They even can't think logically that 5+ yrs of difference between EB3 & EB2 makes EB3 automatically same as EB2 as per their qualification definition.

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  • i4u
    11-19 08:47 AM
    Anybody who has had a parent with diabetes and taken insurance? If there were any problems, did the insurance pay the costs? If possible can you also mention what problems came up during the stay.



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  • Chiser99
    06-07 04:47 PM
    so does that mean my one isnt allowed either then?

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  • anzerraja
    07-19 06:36 PM
    Thanks very much !

    Will DO...Just gimme some time.


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  • sundewei
    12-03 05:27 PM
    I heard that it needs to be at least 21 months to be able to win the law sue...and suing them might not work anymore when my pending time is qualified.

    If someone else with similar names/same birthdays commited a crime, why do we need to suffer as a possibly "HIT"?

    If I were to wait for 4 years for Name Check, I rather be the person commiting the crime so they can reject my I485 instantly.


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  • wikipedia_fan
    03-30 02:40 PM
    Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

    But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.

    It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.

    I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.

    Is there anyone else in the same boat? How long does it take for MTR to get processed?


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  • green_card
    11-11 08:41 AM
    Thank you for adding some rationality to the discussion.

    I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.

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  • anzerraja
    07-20 09:43 AM
    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.


    Could you please pledge an amount ?

    I have very high regards for Aman due to his dedicated efforts. 64K he spent is the big big amount as an individual.

    I suggest, lets have a request to Bollywood artist to organize some shows at USA in benefit of IV (they may give us some discount). We shall pay back 63K to Aman (IV can keep 1k as his contribution).

    Other option is 630 people should contribute $100 each to pay back Aman. I received my green card and ready to contribute $100 to this account. I already contributed $700.


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  • bang
    03-08 11:08 AM
    This is in reference to a thread about feeling depressed by retrogression or labor backlogs to stuck FBI namechecks or whatever it is that depresses you. Not criticizing anyone in particular so dont aim for me.

    Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.

    After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.

    Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.

    As to how to deal with this...try this.

    Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.

    Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.

    Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.

    Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..

    Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.

    However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.

    After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.

    So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.


    It is a very good analysis ..... people please wake up and do something atleast other than reading the post, i think this is our last chance for any type of reform in immigration. If you have not yet partcipated in any form (contribution / volunteer work) please do so,



    11-02 02:56 PM
    What are you smoking dude? You 100 people go back, 1000s more are in line to replace them. Get real..!!

    Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
    If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.

    Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE

    02-01 12:56 PM
    Employment based immigration is a very small part of legal immigration.

    Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).

    1,266,264 immigrants were granted legal residence in 2006.

    159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.

    However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.

    The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.

    The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).

    Employment based immigration is legal. However, it may help to add legal to the title.

    Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!

    If you just ask for improving legal immigration, they will improve family based or asylum.

    As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!

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