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  • InTheMoment
    06-14 09:44 AM
    Yes, certainly your wife can apply for I-485, that has nothing to do with your whether your wife is on F-1 or H-1.
    Her H,F etc. status continues independently of the Adjustement of Status petition. (Yes she can file even while in F-1 as she is not the primary beneficiary but your dependent for I-485)

    Infact as soon as your wife get's her I-485 receipt, she is legally in status even if she loses her F, H etc. status.

    Moreover I can say all this since I know someone who is an exact similar situation.

    Hello All:

    It is great that the dates have become current and many of our friends here at IV can apply for 485. Congratualtions!!! to all that can apply.

    I am in a dilemma and don’t know what to do:

    My LC has been approved PR 02/10/05
    My I-140 is pending.

    I know I can file for 485 but my wife is on F1 – OPT and is working she has applied for a H1 and will get it because of Master’s quota but will not be effective till October, 2007. Can I file 485 now even though she is on F1?

    I have two choices, either wait till October 2007 or cancel the H1 go to Mexico and get a H4 stamp for my wife and apply for 485. Please advise what I should do. Thanks!!!




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  • kartikiran
    06-15 04:35 PM
    Eb3 v/s Eb2 is a nonsensical nonproductive meaningless argument. If you actively participate in speaking with the lawmakers, you would know the bogus nature of this squabble. Each one of us has a choice. We can continue with this pissing contest or we could do something to fix the backlogs. We all understand the frustration and anxiety due to the long delays. It is easy to be drawn in meaningless eb2 v/s eb3 quarrel in the virtual world when one is not privy to how things work in the real world.

    If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.

    Members who actively engage in the advocacy effort know when we are saying. For example � talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.

    Understood every point of yours & I stand by what you said except for the language as it could have been a bit better. Regarding EB3 or EB2, maybe IV should work attaching a provision as part of its CIR work, which makes USCIS determine whether a candidate is in EB3 or EB2 based on the PERM & 140 instead of letting companies & attorneys mention it. If this happens the process will be much better as USCIS controls the categories & applicants do not need to beg a company to throw them into an EB2 basket or EB3 basket. Also, applicants can have certain amount of freedom from the companies.

    When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.

    Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.

    Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.




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  • sugaur
    05-21 06:49 PM
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  • msjaggi
    07-19 04:54 PM
    Hi,
    1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.

    Here are my questions.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?

    2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.

    3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.

    4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.

    Thanks in advance.



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  • Ramba
    03-14 12:07 PM
    People with EB3-India may not expect any kind of fast movement in near future, unless law changes. It will be in snail phase. It is waste discussion to analyze howmany people filled EB3 LC from India in 2002,2003 etc. Generally EB3 is very high demand catagory from all accross the world. EB3 contains skilled worker catagory including cooks, nurses, and so many many non-professional occupations. All the discusion are focussed on demand by Indian IT folks, by ignoring other spectrum of the demand by other group of peoples. Therfore no matter what; EB3-India will get only 3000 EB3 GC per year (Approxmatly 1500 primary).

    1500 LC per year EB3 India is a tiny fraction of the demand by EB3 India. Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.




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  • NolaIndian32
    04-28 12:45 PM
    Here's a $50 donation to get the first milestone ($10000) quicker.
    Paypal Transaction ID #40A87133HH686523X.

    Thanks for your support Espoir!!

    Go IV



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  • pitha
    02-10 08:31 AM
    As the saying goes “the proof is in the pudding" anybody can give statements but it is the results that matter. What results has compete america achieved, they are just giving lip service. Contrast them with the health industry lobby which has achieved results year after year. Compete america ultimate goal is more h1b which they will achieve one way or the other.

    Don’t get me wrong, I am not saying compete america is bad, I am just saying there focus is on H1b and not as much on EB relief. If they face a hypothetical situation where they can get either H1 or EB, they would gladly choose h1, that’s the bottom line. Its better to have somebody like compete america rather than nobody, but we need a corporate lobby whose main focus is eb relief.

    And there is an important lesson to be learned from the health industry lobby. They just did not say they want CIR or skil and then went back when both cir and skil failed. They started chipping away at individual items like 50000 visas for Schedule A last year and 90000 this year from unused\recaptured visas. We should also be asking for our individual line item, 485 measure. This is how a war is won, one battle at a time. It is unrealistic to have an "all or nothing" attitude that people opposing 485 measure have. If the health industry lobby had such "all or nothing" attitude they would not have got the 50000 visas last year nor would they have been trying to get the 90000 this year. Hope we learn from them.


    I am not sure about the statement "There is no corporate support for EB reform.....". Check this link http://www.competeamerica.org/. They seem to have the same agenda as ours (i.e., IV's). Is IV aware (or in collaboration) with them?




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  • nrakkati
    03-20 07:19 PM
    a transfer or new H1?

    This is a different employer, so I am assuming it is new H1. If I remember correctly from my past research, H1 is always NEW when you file it with different employer, but I am not 100% sure....

    thanks.



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  • senthil1
    07-19 01:57 AM
    In many consulting companies when a H1b person joins then first question he asks is Can I file in EB2 because I have Master degree. Then only they are creating a job requirement. So there is more possiblity of creating job requirement mainly in consulting. It may not be a illegal so no violation of law involved but it is not good faith. So we cannot complain to officials. Also I am not telling all the Eb2s are like that.


    Are u saying all eb2s have earned the experience under the table. Then why couldn't you do so then ?
    Dont blame the lawyers or the employers. May be there are one or two, which I am yet to find. But if you have seen it and very sure of it, why didnt u complain about it earlier to the appropiate officials.
    Dont be a cry baby.




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  • wellwishergc
    07-10 04:45 PM
    Thank you, logiclife for the update. It will require patience and perseverance from all of us, to get through this retrogression.

    Updates:

    The updates are provided periodically on forums from IV core. We are currently working on the House side for pushing SKIL forward. There are a few things missing in SKIL bill that we would like to get introduced. Mainly its the 3-year extensions of EAD and AP and 3- year ext of H1 for labor applicants that is missing.

    We are also trying to assess of SKIL in house is gonig to go forward, and in the event it doesnt, what other bills can be vehicles for putting our provisions like the S 1932 style.

    We try not to restrict free voice and opinion from members on forums however, if it gets downright nasty we will edit posts and censor. But in principle we try to avoid it as much as possible.

    If you have questions, and if you think that IV core is not up to the job and needs help or needs to pace up, or if you think you have questions for IV core, please pick up the phone and call the 281 number listed on the website's "Contact Us" and call us. We will answer ALL your questions as to what we are doing.

    That would be much more productive way of finding answers to your questions.



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  • bigboy007
    09-25 03:38 AM
    I agree with concept of sending ac21 letter but there are similar experiences that this letter is ofcourse of hardly any consideration.

    AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...

    prince_charming, you had mentioned that you had done H1 transfer with AC21.
    I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.




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  • what_now
    05-30 05:22 PM
    ......



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  • subrarama
    03-06 07:49 AM
    Hi-
    I have gone through this forum, and do not see a list of the documentation requirements for a H1b transfer.

    Please assist me.

    Ram




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  • gk_2000
    03-28 09:21 PM
    Well I didn't start using it, I was responding. And thank you no one needs your lecture.

    Lecture is needed whenever the expert forgets. And you did use it first in this "discussion". Not mentioning past here. When at fault, just listen up to the music. And I repeat, it's not personal. Personally, I would like nothing better than associate in cooperative spirit and stop all childish bickering.

    When Seniors like you get down to using expletives, you are doing something like what Manmohan did when fighting against Advani. He simply lost his own respect. Get me? I consider you as seniors. Dont let that balance be disturbed, for everyone's sake.



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  • ghost
    07-03 08:18 PM
    If I'm not mistaken the bill has the provision for H1-B number increase from 65K to 115K. I'm assuming that this will be effective starting October 2007.

    There is no incentive for the congress to act quickly (in August 2006) on this during an election year. They can simply wait out on this until december. Also the below mentioned corporations can wait until October 2007. They do some early planning, unlike a number of tech staffing companies.

    So please do not be over-optimistic, only to be disappointed later. In your words, wait and watch!


    :D This bill will be passed for sure before August. You and me are not behind this. Microsoft, CISCO and Oralce are the ones indirectly calling the shots. Anti immigrant groups can just talk and shout. Money($$$) will show it in action. Wait and Watch.




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  • WeShallOvercome
    09-21 07:10 PM
    This question is not to undermine the effort, which was tremendous but just from a realistic point of view...

    I'm just curious to know how long it will take for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result and how long will it take?

    Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?

    If the same question has been already raised, please ignore.

    Thanks.


    If you are from India or from a country which fought for its freedom, you would not ask this question.

    When M.K.Gandhi held his first rally against the British rulers(nothing personal here Franklin and Mark :) ), it did not result in immediate freedom, but was it worthless ?



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  • jchan
    02-25 02:11 PM
    Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.


    desi3933,
    I completely agree what you said and what is interpreted in the law.
    BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.

    If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
    Please refer paragraph 8 from:
    http://www.ilw.com/articles/2009,0225-endelman.shtm

    Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.

    Thanks a lot
    -Kiran :)




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  • girish.sh
    06-14 09:11 PM
    Hi Company A has file for H1B and it got stamped. I came to USA last week and did not join them as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they said they will terminate my visa and report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it. Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.

    I would appreciate a detiled reply.

    Thanks,
    Girish




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  • logiclife
    02-13 01:40 PM
    I have tried to convince people (Indians and some Chinese) to join IV. People don't. They don't believe IV has the capability to get anything done. A lot of people don't care if IV existed or not. They believe that Congress will get to it when it deems right. Core members were asking a few weeks ago if that is the message people are sending. Yes it is.

    Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. IV's role is to add amendments when they come and remove provisions that hurt us. We did that successfully last year by getting the hard country cap removed. No one else was interested in removing the hard cap. It took a lot of co-ordination and lot of trips and lot of hard work to get it done. If that harmful provision had stayed, then the new quota of 650,000 in S 2611 would have been useless. People forget achivements of IV or think that it was negligible. Retrogression would have been exacerbated with hard country cap.

    You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.

    Yes, we know that your situation and a lot of other people's situation is do-or-die situation. We know that lot of visitors and members are being squeezed by their situation (exploiting employer, travel restrictions, naggin H4 spouse, no wage growth, no job mobility, no promotions) and that will end only when they get out of H1 and get GC. Its actually the do-or-die situation that prompted the creation of IV.

    I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions.

    That's what it seemed from your original post. And nothing wrong with that. If you are up to the job then you are welcome. We already have state-chapters and people are not actively participating in that. Last week, on California's state chapter conf call, 2 people came. If you take leadership, you need to do things locally like meeting with other people in your city, forming a group of 4-5 people and going and meeting your congressman. And if you want to be in IV core, then you have to call us on the phone number listed and we can see if you can add any value to core by doing things we routinely do, like content prep, website maint, travelling to DC for meetings, talking to other orgs etc. If you are up to the job, sure, why not. Anyone who considers themselves fit for IV core, please call us. We really do need help as we are overwhelmed.

    I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?

    I am dissatisfied too with the results. Its not like I am a happy camper on H1. What has caused us to fail? The same thing that has caused us to fail last year, the same thing that caused industry to fail in getting H1 quota raised, the same thing that caused failure of Universities to get F4 visa for masters degree holders. And these guys have lobbying budget in millions? Why do you think they failed?

    Whatever caused their failure, caused our failure too. In DC, issues are not debated and legislated based on morality and merits of those issues. They are taken up based on contemporary politics and other factors like lobbying, public attention, elections and political parties.

    For example: Last year, they debated a constitutional amendment to ban flag burned in USA. And spent precious time of congress on debating it. How to you think that would have helped anyone? Even it had passed, what was the merit of the issue? Flag burned mostly happens outside USA. In USA people rarely burn US flags. So banning flag burning in USA is like banning metric system. Its meaningless. Yet, they spent time on it.

    Read papers, read articles from other lobbying orgs and learn something. Legislations dont happen on their own because the issues carry weight and have merits. Merits have nothing to do with congressional action.

    To quote a bestselling economist Steven Levitt :
    "If morality is how we would like the world to work, economy is how the world actually works".

    Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.




    gc_lover
    07-05 10:47 AM
    I BEG to differ. I called USCIS today morning and the rep told me VERY CLEARLY that ANY application received on July 2 will be ACCEPTED as July 2 is the cutoff.

    A few min later my spouse called and they told her, Everything would be rejected.

    USCIS customer service center, currently cant differentiate their A** from a hole in the ground!!


    :D




    starscream
    06-19 03:42 PM
    Are there any favorable provisions for us?



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