RNGC
04-24 11:27 AM
Hello all,
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
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gc_on_demand
06-12 02:49 PM
Guys
Please call members of congress , local lawmakers and CHC members. These bills should pass before summer or no hope till next year..
Come on we can do it..
Please call members of congress , local lawmakers and CHC members. These bills should pass before summer or no hope till next year..
Come on we can do it..
hpandey
07-13 02:16 PM
Congrats Brother .. Patience finally paid off. Hope you see better times ahead. Indeed a very long journey. :)
Thanks for donating to IV and supporting our cause. I
Thanks for donating to IV and supporting our cause. I
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gc28262
03-26 11:36 AM
Hi Guys,
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
Any idea who introduces such legislation in Texas ? ( Drivers id with vertical orientation, paystubs requirement etc)
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
Any idea who introduces such legislation in Texas ? ( Drivers id with vertical orientation, paystubs requirement etc)
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realizeit
02-11 04:27 PM
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
El_Guapo
05-05 05:16 PM
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
Yup, I know what sub prime is and more. What I meant to say was more that 60% of the foreclosure was due to the sub prime crisis. A lot of these come from the Low Income Group and were sucked into the ARM with 5 yr fixed and variable therafter. They usually don't buy homes in a $500,000 community. They bought houses in a 150K community. Most of the houses in those areas are not what a typical, highly skilled immigrant earning good money would be interested in buying. Atleast not in my area. But you are right. These houses could be in good areas too. With 12 million foreclosed homes, say 6 million are in good areas and with 500K immigrants in line, perhaps buying 250K houses, its about 4% of the foreclosure market. Now tell me, how can that help the economy?
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
Yup, I know what sub prime is and more. What I meant to say was more that 60% of the foreclosure was due to the sub prime crisis. A lot of these come from the Low Income Group and were sucked into the ARM with 5 yr fixed and variable therafter. They usually don't buy homes in a $500,000 community. They bought houses in a 150K community. Most of the houses in those areas are not what a typical, highly skilled immigrant earning good money would be interested in buying. Atleast not in my area. But you are right. These houses could be in good areas too. With 12 million foreclosed homes, say 6 million are in good areas and with 500K immigrants in line, perhaps buying 250K houses, its about 4% of the foreclosure market. Now tell me, how can that help the economy?
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jonty_11
07-31 10:51 AM
it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers
in the end it depends on when ur application was opened and entered into the system.
can someone point me to a thread discussing decoding LIN #?
in the end it depends on when ur application was opened and entered into the system.
can someone point me to a thread discussing decoding LIN #?
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485Mbe4001
06-02 07:00 PM
I think his post was based on the summary on the site.
"OpenCongress Summary:
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."
Where did you read the new text ?
"OpenCongress Summary:
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."
Where did you read the new text ?
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akred
07-14 09:21 AM
I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
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shivapb80
06-05 11:25 AM
in fact i think this memo is very favourable.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
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desi3933
06-20 05:24 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
USCIS can deny I-485 application if it is missing "initial evidence". In this case it is approved & active I-140 and Employment Verification Letter from GC Employer.
Also, the USCIS published a new rule that allows the USCIS to have more discretion over shortening of the time frame for responses to RFE from previous 12 weeks to any period of time which they see fit.
Google for USCIS Announces Flexible Response Times
USCIS can deny I-485 application if it is missing "initial evidence". In this case it is approved & active I-140 and Employment Verification Letter from GC Employer.
Also, the USCIS published a new rule that allows the USCIS to have more discretion over shortening of the time frame for responses to RFE from previous 12 weeks to any period of time which they see fit.
Google for USCIS Announces Flexible Response Times
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alterego
12-14 07:00 AM
In the case of this guy. I can't fault him/her for taking up this option. None of us can. After all, he is playing by the rules right?
That we are affected does not matter here to the authorities. Why? Once again I ask you guys to realise that this immigration system is here to serve the employers, not you or me. That is why they can justify this.
That we are affected does not matter here to the authorities. Why? Once again I ask you guys to realise that this immigration system is here to serve the employers, not you or me. That is why they can justify this.
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kshitijnt
05-02 01:10 AM
Here are details of my interview:
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
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immigrationvoice1
11-11 11:15 AM
July 27th '07 filer. My wife and I have received EAD and AP but no FP notice yet. Did not open SR. Case went from VSC to TSC.
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dpp
07-19 02:05 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
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labor2003
04-01 06:34 PM
Just sent fax # 10 and 11.
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vivid_bharti
04-24 02:42 PM
People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...
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tabletpc
01-04 02:12 PM
Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
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alterego
09-14 04:28 PM
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
If the hosung markets turned down like the NASDAQ 5 yrs ago, and brought down the whole economy with it, then as a result of the ensuing economic recession you lost one, two or all 3 of your jobs and ended up in negative equity, could not find a new job sponsoring H1b due to the deep recession and your greencard is nowhere in the near future. Would you still feel as secure and happy? I am not sure what country you are from, but would you make a salary close to what you are making here?
Security my friend, thats what a green card brings. I applaud you on your courage and bravery in just taking a chance and doing all these things, you will likely be fine and get your green card eventually but taking risks can bring consequences as well. Many people are more risk averse than you.
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
If the hosung markets turned down like the NASDAQ 5 yrs ago, and brought down the whole economy with it, then as a result of the ensuing economic recession you lost one, two or all 3 of your jobs and ended up in negative equity, could not find a new job sponsoring H1b due to the deep recession and your greencard is nowhere in the near future. Would you still feel as secure and happy? I am not sure what country you are from, but would you make a salary close to what you are making here?
Security my friend, thats what a green card brings. I applaud you on your courage and bravery in just taking a chance and doing all these things, you will likely be fine and get your green card eventually but taking risks can bring consequences as well. Many people are more risk averse than you.
lutherpraveen
09-19 07:38 PM
Who is a cynic? A man who knows the price of everything, and the value of nothing.
-Oscar Wilde
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
-Oscar Wilde
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
sandy_anand
11-06 04:14 PM
Let me narrow it down
' First half of this month'. :D
Let me do better - between Nov 6th and 13th!:D
' First half of this month'. :D
Let me do better - between Nov 6th and 13th!:D
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