stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
wallpaper F-18 Super Hornet
alex99
10-16 10:33 AM
Please participate in EB3 Poll
abhathakur
03-08 11:30 PM
The last time I managed to ping an admin assistant level person at the Records and Information Dissemination Section at FBI that is responsible for NNCP, she said the analysts were looking at the 2002/2003 files and this was when I called in November 2005 (No amount of cajoling or pleading or trickery would make her say a word beyond that, very intimidating the female!!!). I am not sure if the 2002/2003 was a reference to the receipt date or the priority date, my guess is it must have been the receipt date of the I-485 application.
Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!
Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!
On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.
Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!
Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!
On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.
2011 F18 Super Hornet
nervous-wreck
03-15 05:08 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
more...
tapukakababa
07-18 11:23 AM
I called USCIS Nebraska SC and I spoke with the customer service guy for atleast 15 minutes. First he did a name check and didn't find it, as expected.
Secondly, he said that if we would have returned any application, we would have entered that information against your name, so he doesn't even sees that information.
Thirdly, he said we are accepting and processing all the applications they will be receiving going forward after July 17th.
Fourth, they still have thousands of applications sitting with them which they received on July 2nd and before August 17th, but there has been no proper communication to them as to what needs to be done with those.
Fifth, his guess and according to his knowledge he said that we will go ahead and start entering the information for those application also and process them which they received between July 2nd and July 17th, but when would that happen they don't know, but that's what surely would happen, so if they have your application then it will be entered and processed.
Sixth, He said if I were you, I would call back after a week or so and check again.
Secondly, he said that if we would have returned any application, we would have entered that information against your name, so he doesn't even sees that information.
Thirdly, he said we are accepting and processing all the applications they will be receiving going forward after July 17th.
Fourth, they still have thousands of applications sitting with them which they received on July 2nd and before August 17th, but there has been no proper communication to them as to what needs to be done with those.
Fifth, his guess and according to his knowledge he said that we will go ahead and start entering the information for those application also and process them which they received between July 2nd and July 17th, but when would that happen they don't know, but that's what surely would happen, so if they have your application then it will be entered and processed.
Sixth, He said if I were you, I would call back after a week or so and check again.
eb2_mumbai
02-09 01:31 PM
Why am I not suprised with this news?
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
more...
bheemi123
10-03 03:13 PM
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..
2010 F 18 SUPER HORNET PICTURES
coopheal
05-06 09:52 PM
Can you please brief us regarding what action IV has taken...
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
more...
oliTwist
01-17 03:06 PM
Sometime back I had read this book Inscrutable Americans by Anurag Mathur (http://www.amazon.com/Inscrutable-Americans-Anurag-Mathur/dp/1577310241) which is kind of hilarious story of someone like us duriing late 90s. I guess now your (many of our story) would worth another book :)!!
hair The F-18 Super Hornet is a
[uber]
03-12 11:46 AM
its still a tie between Eilsoe and Thirdworldman...
i voted Eilsoe because the surv. cam was a cool concept...
thirdworldman... you almost got the vote.. but for the fact that no train could travel the curve.... but supreme job regardless...
i voted Eilsoe because the surv. cam was a cool concept...
thirdworldman... you almost got the vote.. but for the fact that no train could travel the curve.... but supreme job regardless...
more...
gclabor07
06-14 09:04 AM
Everyone should do it. It was easy.
hot F 18 SUPER HORNET PICTURES
rajuseattle
07-14 08:23 PM
ajthakur,
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
more...
house F18 Super Hornet. Enjoy!
pointlesswait
11-13 11:48 AM
when was the last time you won a legal battel in 2 weeks/months/years time?
By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)
BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.
I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....
some of these short term policies can be:
a.) simultaneous filing of 140/485...
b.) 5 yr ead..without restrictions.
c.) add to the list..
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)
BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.
I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....
some of these short term policies can be:
a.) simultaneous filing of 140/485...
b.) 5 yr ead..without restrictions.
c.) add to the list..
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
tattoo models F18+super+hornet
amsgc
07-04 08:04 PM
Legal,
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
more...
pictures F-18 Super Hornet
Slumdog
01-16 03:33 PM
For most of you this country has given everything you ever dreamt of & yes it is only possible in USA in short span of time but I want every member here to ask yourself one question. i.e Do you have peace of mind? I want to share with you half a day of my life as an immigrant here. I guess for some my story is not a big deal & for others they feel they are in my shoes. It�s quite lengthy for half a day story, so please read on if you have patience & time.
January xx/xx/2009
It�s 5:10 Am and I had to forcefully get out of my bed after 3 snoozes ( the fact is 4th snooze my wife will kick me out of bed anyways) . While walking out of the bed I was jealous of my wife that she need not get up early & go to work as we recently had a baby & she had to leave the job as she was under contract on EAD & not full time. As soon as I came out of shower I was feeling very fresh , energetic & was already planning my day schedule at work while I was getting ready.
6:00 AM: I am all dressed up for work & while I am already late for my train & taking quick bites of breakfast , I ran upstairs to my bed room to give a goodbye kiss to my wife & daughter. While kissing my daughter I just wanted to stare at her for some more time but had to leave as I was late. & ran back to garage & started my car & zoooommmmmm. I know the back routes to station & I know police wont catch me even if I am speeding ( I was going 65mph in 30 mph zone ). While I was already half way to station I realized & said to myself NOT AGAIN ( I did not turn off lights in the house & this really pisses of my wife ) I forgot to Switch off in the bath room, upstairs corridor, stiars, main hall, kitchen,. I left lights on literally everywhere including garage except the 3 bed rooms.
6:20AM : Reached the station, parked the car & while I knew there is only 2 min left before I miss the train , I ran to newspaper walla bought the newspaper & literally ran on escalator & just got in the train & the door closed behind me. I guess this happens atleast 2-3 times a week & hey I think I got used to it.
Once I am in the train I had relax for 5 min to to take breath from running on escalators & then I read the headlines & said nyah same old stuff which was showed at 9PM news last night & didn�t bother to read any more , I opened up business edition & completed & it was frustrating to see that DOW tumbled gain, forclosure on rise, no hopes for good market in 2009 blah blah blah blah blah & then I closed my eyes & started day dreaming about my daughter, her cute smile & thinking about my upcoming trip to india as it will be the first time I am visiting after my baby was born. Just when I though I was falling into sweet dreams I heard this announcement from train operator � Abhey salla utto , tumahara station aagya, jaakey kuch kaam kar� I will translate this in English for non indians ( good morning ladies & gentlemen you have reached station �xyz� & Thank you for riding with us & we wish to see you again�)
6:56 Am: As soon as I am out of station the first place I go is starbucks, & get a non fat grande mocha with 2% extra hot no foam with little bit of honey & cinnamon. ( KIDDING , I just take plain regular coffee with room ). The first sip is amazing it feels like first cigg after a bottle of beer & started walking to my office which is very close to station.
7:00Am: I am in office. Usually it is just me & couple of other guys on the floor at that time. The office was silent & it was open floor plan with flat cubicles & you see the entire floor even if you sit at your desk. Logged into PC & checked my emails & getting prepared for the days work.
7:10Am: I saw one of the senior manager in office & it is very unusal for him to come so early into the office. While I wished him good morning he didn�t seemed to respond the way he usually does. He then walked up to one of the office colleague in different department next to me & asked him if he could come to his office.
7:15Am: The guy walks out of the office along with manager with packet in his hand & started packing his stuff right away. I could see that his computer is still logged in & I guess he was not even allowed to log off. The manager stands behind him, occasionally helps him in his packing & walks him out of the door, into the elevator & outside the building. That�s it, my heart started beating heavily, I said to my self �today is the day� . Yes by now you all know what I was talking about !!! LAYOFFS�
The talks have been going for several days & no one except top senior executives knew who & how many people will be laid off. Everyone I talk to in the company is worried, it did not matter if he was senior, working in company since 10 years, experienced , the best technical guy, the most lovable guy, the CEO�s blue eyed boy, every one & I mean almost everyone is worried about their job. I did not know how I was going to handle even though I was prepared before for the worst. But when the time actually came , it�s different, first time I felt I was weak because of the things below which are going in mind.
� I bought a house just few months back, although great deal at the time I bought I had to invest 15% down payment & at that time never ever knew that this day would come. I always thought I could resell it but when I contacted my mortgage broker few days back , he told me that market was so slow that I wont be even getting the 15% down payment if I plan to sell now. With most of my hard earned savings in the house I am only left with couple of grand for reserves.
� The biggest worry I had was 10 days after my daughter was born she was hospitalized for almost a month for complex partial seizures treatment .She has since been in medication & was doing good & slowly outgrowing seizures with occasional episodes. We can�t stop the treatment & thinking of expensive Cobra package & not knowing how many months we will be jobless made me sick.
� How do I invoke AC21 & how many much should I be paying Lawyers?
� My upcoming trip to india, we already spend close to 5k for the tickets & cancelling the tickets is impossible due to family reasons. What if I loose a job now & go on trip to india? Can I enter back on Advance parole? What if the port of entry finds out that I lost a job, will be I allowed in when I come back? Will my company cancel current approved I140? & will that lead to I485 cancellations which has been happening recently ??
� What will happen to my car loans & upcoming car registration, insurance.
Not that I don�t have any money in reserves but these are very few things I mentioned above that bothered me & list can go on & on. Is it easy pack all the bags & leave everything behind? Yes if you want to & NO if you want to fight, it�s as simple as that & I did not plan to leave. So let�s go back to what happened for the rest of the day & believe me all the above points I mentioned was going in my mind in less than a minute, so now the time is �
7:16Am: I saw one other manager in the same process in different dept doing the exact same process. Remember, above somewhere I said that it is a open floor plan & everyone can see everything what is happening. Though I am not shaken from outside, inside I feel every inch of it.
Part II Continuation below.......
January xx/xx/2009
It�s 5:10 Am and I had to forcefully get out of my bed after 3 snoozes ( the fact is 4th snooze my wife will kick me out of bed anyways) . While walking out of the bed I was jealous of my wife that she need not get up early & go to work as we recently had a baby & she had to leave the job as she was under contract on EAD & not full time. As soon as I came out of shower I was feeling very fresh , energetic & was already planning my day schedule at work while I was getting ready.
6:00 AM: I am all dressed up for work & while I am already late for my train & taking quick bites of breakfast , I ran upstairs to my bed room to give a goodbye kiss to my wife & daughter. While kissing my daughter I just wanted to stare at her for some more time but had to leave as I was late. & ran back to garage & started my car & zoooommmmmm. I know the back routes to station & I know police wont catch me even if I am speeding ( I was going 65mph in 30 mph zone ). While I was already half way to station I realized & said to myself NOT AGAIN ( I did not turn off lights in the house & this really pisses of my wife ) I forgot to Switch off in the bath room, upstairs corridor, stiars, main hall, kitchen,. I left lights on literally everywhere including garage except the 3 bed rooms.
6:20AM : Reached the station, parked the car & while I knew there is only 2 min left before I miss the train , I ran to newspaper walla bought the newspaper & literally ran on escalator & just got in the train & the door closed behind me. I guess this happens atleast 2-3 times a week & hey I think I got used to it.
Once I am in the train I had relax for 5 min to to take breath from running on escalators & then I read the headlines & said nyah same old stuff which was showed at 9PM news last night & didn�t bother to read any more , I opened up business edition & completed & it was frustrating to see that DOW tumbled gain, forclosure on rise, no hopes for good market in 2009 blah blah blah blah blah & then I closed my eyes & started day dreaming about my daughter, her cute smile & thinking about my upcoming trip to india as it will be the first time I am visiting after my baby was born. Just when I though I was falling into sweet dreams I heard this announcement from train operator � Abhey salla utto , tumahara station aagya, jaakey kuch kaam kar� I will translate this in English for non indians ( good morning ladies & gentlemen you have reached station �xyz� & Thank you for riding with us & we wish to see you again�)
6:56 Am: As soon as I am out of station the first place I go is starbucks, & get a non fat grande mocha with 2% extra hot no foam with little bit of honey & cinnamon. ( KIDDING , I just take plain regular coffee with room ). The first sip is amazing it feels like first cigg after a bottle of beer & started walking to my office which is very close to station.
7:00Am: I am in office. Usually it is just me & couple of other guys on the floor at that time. The office was silent & it was open floor plan with flat cubicles & you see the entire floor even if you sit at your desk. Logged into PC & checked my emails & getting prepared for the days work.
7:10Am: I saw one of the senior manager in office & it is very unusal for him to come so early into the office. While I wished him good morning he didn�t seemed to respond the way he usually does. He then walked up to one of the office colleague in different department next to me & asked him if he could come to his office.
7:15Am: The guy walks out of the office along with manager with packet in his hand & started packing his stuff right away. I could see that his computer is still logged in & I guess he was not even allowed to log off. The manager stands behind him, occasionally helps him in his packing & walks him out of the door, into the elevator & outside the building. That�s it, my heart started beating heavily, I said to my self �today is the day� . Yes by now you all know what I was talking about !!! LAYOFFS�
The talks have been going for several days & no one except top senior executives knew who & how many people will be laid off. Everyone I talk to in the company is worried, it did not matter if he was senior, working in company since 10 years, experienced , the best technical guy, the most lovable guy, the CEO�s blue eyed boy, every one & I mean almost everyone is worried about their job. I did not know how I was going to handle even though I was prepared before for the worst. But when the time actually came , it�s different, first time I felt I was weak because of the things below which are going in mind.
� I bought a house just few months back, although great deal at the time I bought I had to invest 15% down payment & at that time never ever knew that this day would come. I always thought I could resell it but when I contacted my mortgage broker few days back , he told me that market was so slow that I wont be even getting the 15% down payment if I plan to sell now. With most of my hard earned savings in the house I am only left with couple of grand for reserves.
� The biggest worry I had was 10 days after my daughter was born she was hospitalized for almost a month for complex partial seizures treatment .She has since been in medication & was doing good & slowly outgrowing seizures with occasional episodes. We can�t stop the treatment & thinking of expensive Cobra package & not knowing how many months we will be jobless made me sick.
� How do I invoke AC21 & how many much should I be paying Lawyers?
� My upcoming trip to india, we already spend close to 5k for the tickets & cancelling the tickets is impossible due to family reasons. What if I loose a job now & go on trip to india? Can I enter back on Advance parole? What if the port of entry finds out that I lost a job, will be I allowed in when I come back? Will my company cancel current approved I140? & will that lead to I485 cancellations which has been happening recently ??
� What will happen to my car loans & upcoming car registration, insurance.
Not that I don�t have any money in reserves but these are very few things I mentioned above that bothered me & list can go on & on. Is it easy pack all the bags & leave everything behind? Yes if you want to & NO if you want to fight, it�s as simple as that & I did not plan to leave. So let�s go back to what happened for the rest of the day & believe me all the above points I mentioned was going in my mind in less than a minute, so now the time is �
7:16Am: I saw one other manager in the same process in different dept doing the exact same process. Remember, above somewhere I said that it is a open floor plan & everyone can see everything what is happening. Though I am not shaken from outside, inside I feel every inch of it.
Part II Continuation below.......
dresses F-18 Super Hornet by Mike
a_yaja
01-16 09:49 PM
How can you pan to live long term without being a resident is something I don't understand..
I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.
If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.
I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.
If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.
more...
makeup F/A-18E/F SUPER HORNET, USA
rbharol
12-26 04:05 PM
We cannot save for our children's college in college savings plan as every plan needs a GC.
You mean 529? Thanks of telling. I was planning to open an account for my kid's college.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
You mean 529? Thanks of telling. I was planning to open an account for my kid's college.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
girlfriend F18 Super Hornet - RIAT 2004
Vysh
01-18 11:27 AM
I contributed 20$ this month again. I will contribute 20$ every month. I have not signed up but I will contribute every month. I have so far contributed 140$.
Vysh
Vysh
hairstyles Boeing F/A-18E Super Hornet
ash123
02-12 03:41 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
logiclife
03-09 12:09 AM
Many thanks Abha for your contributions.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
java98
08-12 07:41 PM
I complete agree with your ideas and effort.
Please count me in.
God Bless you all
Please count me in.
God Bless you all
