Vatives galleries

done

Are you sick?

Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.

Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.

Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!

And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.

May be US corporations can tactically support this bill because this bill will impact Indian bodyshoppers severly. For past 5 years US companies could not compete with Indian companies as they have more leverage on H1b. Now if Indian companies avoid H1b US companies can get any time they want as they can satisfy most of conditions

Do you guys really think this bill will become a law that too in its current state and the added amendments? I seriously doubt it. If it is then dont you think the corporate business lobby that has fought really hard to increase the h1 b's to 115000 would have just sat mum while the H1 B fees were increased? I think this bill is just getting too absurd to become into law. I dont know but it would be interesting to hear what the businesses have to say with the increase in h1b fees.

May be I am totally wrong but just thought of posting this because I have been reading so many depressing posts from everyone. Have hope and faith. When the going gets tough, the tough gets going. At this point we need to strategise, which I am sure IV is doing it excellently. We may need to make a few compromises but try to make friends with others who are lobbying.

Please dont bombard me. Its just my thought. Please ignore this post if it offends you.

Heyyy not allowed, you can't skin the screen/clickwheel.


Thats not how a skin works mate


Actually I wrote that same comment about someone else's a while back:


Very neat. I like your black screen and nifty scrollwheel as well. I'm not sure if you're allowed to change them, but either way they look neat.

To which the creator of the battle responded:


@ElectricGrandpa: Im accepting it, its just some scan lines over it, and a black screen.

So as far as I can tell, it's fair game.





Funny how much the background makes it look better

Yeah well the design in itself is fairly simple, but I've gotta make it stand out somehow. If I had a real iPod skin I would want it that simple as well.

-Matt

I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.

I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.

We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)

I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.

One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).

1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?

2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.

3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.

4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)

5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.

I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).

I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.


Your 2 cents please !!!!

Thank you Lazycis...
I was out of status for more than a year when I got married

You will need to apply for a waiver of inadmissibility (I-601) if you have not done it yet.

EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006

It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....

Any suggestion in this regard is highly appreciated !!!!

Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check

Thanks, you are right. It's like the water bucket analogy. Put your hand inside the bucket, and then take it out, and you won't see much difference in the water level. That's how expendable we are to our employers.

A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.

Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.

So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................

The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes

You know, there are often times we all get upset that some stupid questions make it to the list, republican debate was one such yesterday, today's democratic one looked better. I hated that they did not ask our question inspite of it being the 2nd popular one but I personally think the question was too damn narrow for them to care.

For us, it may seem the world but for them it is just a technicality/one of the several points of CIR. Both Clinton and Obama seem to always chime in and act all gung-ho about legal immigration coming first.

Whenever they are asked about any frig'n immigration question, they throw the buzz word 'comprehensive immigration reform' and that folks, covers the entire gamut. The worst part is, on this issue the entire front runners look the same, well, almost. Mitt R is against but John, Hillary and Barack all seem to sing the same koom-ba-yaa song about CIR.

...

Smisachu,
One more question for now
Do i need to apparoach an immigration lawyer and a CPA for setting up a company?
I have PMed you with some questions you have asked
Thanks

I dont think so. I PM'ed back.

I am not referring to the hypothetical scenarios and assumptions.

I am talking about the real scenarios in past that were covered. Did you have the first hand experience of it being covered?

I have bought it twice for my parents but did not use it (thank god). Yes that's a hypothetical scenario but I went through the policy fine print. At least it offers to cover some part of preexisting conditions which other plans do not.

I'm thinking of buying Atlas America Comprehensive with $100 deductible for my Mom. It's coming out to be $991.00 for 6 months approximately.

Friends, if you have any complaints about Atlas or much favorable things to say about other insurance companies, Please suggest me.

Best!

We recently got the Atlas America Insurance with 0 deductible and got two visits done for my father(chest infection). Got antibiotics prescribed, blood test done, physical checkup done. Went very smooth, no payments at all.

Said that, someone who has tested a Emergency visit or a Specialist visit or an Intensive care visit should be able to give us a better idea of who fares better.

Till date, other then a PCPs visit, I have not heard any good reviews for any insurance cos(agents).

And then there are so many agents/sub-agents floating around, that even the genuine ones dont seem so genuine.

We should have a AM/S&P kinda rating system for Visitors insurance.

I collected my passport with the visa stamped yesterday from the VFS center in chennai. I sent an e-mail on tuesday to the consulate and i got a response from them saying it could take another 4 days approx and the delay was caused by the recent change and the introduction of the PIMS database. It looks like they are digging through your old records as well.

For those people whose passports have been delayed, it's most probably due to the PIMS database and i suggest strongly to send an e-mail with the subject line "PASSPORT PENDING for more than 5 days" and you would most often get the response the next day. Do not call the consulate as they don't tell you what you want to hear. The person who answers the call is an indian and he/she would not have much information to give you.

alipac FAIR.


SteinReport

May i know what kind of decisions we are making based on different priority dates of members in EB3
Please Vote, this is one of the best way to know, where we stand. Make a lil easy in making further decisions.

From what I understand, once the law comes in to affect, labor substitution will no longer be allowed so desi companies can't sell labors anymore. But the 2nd part of the puzzle was that approved labor will only be valid for X number of days (like 45 days as originally proposed) and I am not sure if this impacts the existing labors or not. 45 days expiration may only apply to new labors but no details has emerged yet so we'll have wait and see when the details come out. If it also applies to existing labors then we are home free because after the expiry date, all labors will automatically be canceled. Well, let's wait the for the fine details to come out first.

If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?

if you feel like it.... Destiny will determine whether you get your GC or not. Do what seems right to you. :)

On Aug 11, 2007 - I 140 Denied Due to Ability To Pay issues

Description for denial ( I have also attached the denial notice)->

They looked at years 2003 to 2006 history for I140 since PD is JAN 03.

* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.

* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);

* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information

Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.

Does anyone know any way out of this.

I don't think AILA is fighting this memo on the grounds that it is illegal because of the fact that E-E relationship is illegally defined by USCIS, but they are fighting on the grounds that it is illegal because such directives should come in the form of laws!

Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!

EDIT:
After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.

Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.

So you made use of this opportunity and you are asking others not to do what the law allows them to?...

fyi.. I am an EB2 I candidate and fyi… I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.

Please read back and point out where have I expressed my discontent for date porting?

Also, I would not stand in their way but I am trying to express the fact that they themselves chose to agree to the terms in the offer letter. Let me clear out that it stands for every candidate who wanted to apply in a higher priority group be it EB3 or EB2.

signed :) fwded it to Indian communties tooo:)