JA1HIND
01-27 09:54 PM
Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
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bekugc
12-28 04:19 PM
Omm,
as mammoy has indicated, if u quit before 140 approval, and u get RFE; if there is no employer cooperation ( for whatever reason) . u can be in trouble.
better stay with ur curent employer until it get approved. move if u have to to a different client; if u want to stay in ur existing client , try to negotiate if they can continue u on a lower billing rate. take a cut for now as long as its still above ur h1 prevailing wage etc.
as mammoy has indicated, if u quit before 140 approval, and u get RFE; if there is no employer cooperation ( for whatever reason) . u can be in trouble.
better stay with ur curent employer until it get approved. move if u have to to a different client; if u want to stay in ur existing client , try to negotiate if they can continue u on a lower billing rate. take a cut for now as long as its still above ur h1 prevailing wage etc.
mblueocean
07-07 04:26 AM
Couple more ways to get media attention
Click on links and vote on it.
http://ezeques.newsvine.com/_news/2007/07/06/821192-suit-planned-over-visas-for-the-highly-skilled
http://www.facebook.com/login.php?popup&next=http%253A%252F%252Fwww.facebook.com%252Fshare r.php%253Fu%253Dhttp%25253A%25252F%25252Fwww.nytim es.com%25252F2007%25252F07%25252F06%25252Fus%25252 F06visa.html%25253Fex%25253D1341460800%252526en%25 253D5049edb808b4b9dd%252526ei%25253D5124%252526par tner%25253Dfacebook%252526exprod%25253Dfacebook%25 26t%253DSuit%252520Planned%252520Over%252520Visas% 252520for%252520the%252520Highly%252520Skilled
Click on links and vote on it.
http://ezeques.newsvine.com/_news/2007/07/06/821192-suit-planned-over-visas-for-the-highly-skilled
http://www.facebook.com/login.php?popup&next=http%253A%252F%252Fwww.facebook.com%252Fshare r.php%253Fu%253Dhttp%25253A%25252F%25252Fwww.nytim es.com%25252F2007%25252F07%25252F06%25252Fus%25252 F06visa.html%25253Fex%25253D1341460800%252526en%25 253D5049edb808b4b9dd%252526ei%25253D5124%252526par tner%25253Dfacebook%252526exprod%25253Dfacebook%25 26t%253DSuit%252520Planned%252520Over%252520Visas% 252520for%252520the%252520Highly%252520Skilled
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InTheMoment
07-17 10:36 AM
Simply press ctrl-R instead of the refresh button, that has always worked for me in clearing the cache.
more...
nozerd
01-04 11:16 AM
Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
meridiani.planum
02-21 12:30 AM
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
more...
pd_recapturing
03-22 09:48 AM
BharatPremi, I PMed you. Check my message.
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sam_hoosier
06-05 12:15 PM
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Wasnt it I-140 approved or approvable ? Or am I missing something ? :confused:
Wasnt it I-140 approved or approvable ? Or am I missing something ? :confused:
more...
venkygct
09-06 09:24 PM
^^^^^^^^^^^
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GCwaitforever
05-08 02:40 PM
To all the sufferers, please pursue your case with vigor at every opportunity.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
more...
manishi
11-18 04:05 PM
I filed on july 23rd got ead & AP but did not get FP. After reading this thread and seeing the patterns i think that if your application is processed by the center where it has to originally go then you get your FP quickly but in cases where your application went to original center and then that center sent to other centers for EAD and/or AP then their FP's is getting delayed, like my self.
I also have another problem. I changed address just after applying for I-485.I think FP is NOT dependent on PD's and or address change.
This is just my 2 cents.
I also have another problem. I changed address just after applying for I-485.I think FP is NOT dependent on PD's and or address change.
This is just my 2 cents.
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GC_ki_daud
07-25 02:32 PM
:confused: I have
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
more...
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walking_dude
01-14 11:36 AM
This is the simplest Action Item ever, no travel, no holding placards, no visits to lawmakers, no real world activity. All that's needed is pen, paper, envelope and a stamp.I can't imagine anyone here who cannot afford any of these items.
Most members here will benefit here by 3 year EAD/APs, job flexibility and promotions. Members who missed the July VB boat, and new applicants, will get to apply 485 and get into the line. There was a hue and cry sometime back about restarting I-40 PP. Even that group stands to benefit as their demands are included too.
Hence the current low-level of participation is surprising. If we cannot collectively write even a letter for our cause, we might as well pack up or stop waiting/discussing VBs. They will be bleak for at least 4-5 years more. Come on folks, we can do better than this. We will write those letters and we'll succeed.
Write those letters and update the tracker. Your kids will thank you for it when they growup (all the money saved from 10 years EAD/AP can be turned into savings for them)
Most members here will benefit here by 3 year EAD/APs, job flexibility and promotions. Members who missed the July VB boat, and new applicants, will get to apply 485 and get into the line. There was a hue and cry sometime back about restarting I-40 PP. Even that group stands to benefit as their demands are included too.
Hence the current low-level of participation is surprising. If we cannot collectively write even a letter for our cause, we might as well pack up or stop waiting/discussing VBs. They will be bleak for at least 4-5 years more. Come on folks, we can do better than this. We will write those letters and we'll succeed.
Write those letters and update the tracker. Your kids will thank you for it when they growup (all the money saved from 10 years EAD/AP can be turned into savings for them)
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shana04
02-12 04:44 PM
I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
more...
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radhay
04-01 10:30 PM
Sorry to hear the screw up. I had some what similar issue with H1B extension when attorney didn't timely file my application. USCIS approved H1B with no I-94 attached basically asking to leave country and get stamping in India.
We then contacted Murthy firm who filed 'nunc-pro-tunk' petition saying it was a mistake by employer/attorney and I shouldn't be penalized. USCIS then issued new approval with I-94.
I am not sure if this works for 485 but a competent attorney should be able to give a conclusive answer. Since you have the document you should try this and also change the attorney at the same time. You can also get a statement from old attorney about his mistake.
We then contacted Murthy firm who filed 'nunc-pro-tunk' petition saying it was a mistake by employer/attorney and I shouldn't be penalized. USCIS then issued new approval with I-94.
I am not sure if this works for 485 but a competent attorney should be able to give a conclusive answer. Since you have the document you should try this and also change the attorney at the same time. You can also get a statement from old attorney about his mistake.
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pooja_34
12-22 06:30 AM
Nodoby answers the phone or checks emails on those email ids. What we need is Meera Shankars email address.
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
more...
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vina92
12-06 05:28 PM
Nicely said! You just reminded us, what all of us often forget, that we are Indians by birth and are here for various personal/professional reasons.
I always wondered how NRIs end up comparing both countries.USA and India are in different stages of evolution. Remember India attained independence only in 1947 unlike USA which had independence since 200plus years.
Being such a young country and depleted of most of it's rich natural resources by constant invaders for centuries together, it is just gathering it's strength back.
Progress in India is palpable at every level of society compared to a decade or two back. But burdened with heavy population, it's trying to turn it's weakness into a strength! The very fact that we hear India's name all the time in various news channels and especially CNBC makes me think that world is noticing!
So many of us are so confident to live anywhere in the world with the education we recieved in India.
It's OK to praise other countries for what they achieved but please don't belittle India. I don't see anyother countrymen being cynical about their country of birth like we Indians!!
Jai Hind!
Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
I always wondered how NRIs end up comparing both countries.USA and India are in different stages of evolution. Remember India attained independence only in 1947 unlike USA which had independence since 200plus years.
Being such a young country and depleted of most of it's rich natural resources by constant invaders for centuries together, it is just gathering it's strength back.
Progress in India is palpable at every level of society compared to a decade or two back. But burdened with heavy population, it's trying to turn it's weakness into a strength! The very fact that we hear India's name all the time in various news channels and especially CNBC makes me think that world is noticing!
So many of us are so confident to live anywhere in the world with the education we recieved in India.
It's OK to praise other countries for what they achieved but please don't belittle India. I don't see anyother countrymen being cynical about their country of birth like we Indians!!
Jai Hind!
Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
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felix31
01-31 03:44 PM
FYI: USCIS does not charge for Visa Lottery... It's FREE.
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
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sats123
06-19 02:12 PM
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
indio0617
12-13 01:15 PM
May be you are right....but, I feel that the whole thing is a broken promise. And I feel like I fell right in the trap set for people like us.
Broken promise ?? I would say NO.
Disappointed ..... definitely YES, having realised the follies of the "system" here. Search within yourself to find out how / why you came to this country first. Was it just a lure of the GC ? Most of us either came to study / work. We took it one step at a time, but GC was not the only or ultimate goal.
I can speak for myself at least...
Broken promise ?? I would say NO.
Disappointed ..... definitely YES, having realised the follies of the "system" here. Search within yourself to find out how / why you came to this country first. Was it just a lure of the GC ? Most of us either came to study / work. We took it one step at a time, but GC was not the only or ultimate goal.
I can speak for myself at least...
gcformeornot
07-20 09:49 AM
Check your PM. This is what i sent.
Can you please PM to me too?
Thanks.
Can you please PM to me too?
Thanks.
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