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h1techSlave
04-17 10:02 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
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reddymjm
07-14 10:24 PM
I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.
more...
bkarnik
04-26 10:15 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
ivvm
09-13 10:16 PM
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skv
06-20 10:26 AM
enough of america....:mad: :mad: :mad: I am moving to UAE.....two hrs journey to goa India....no Income Tax:p :p :)
I agree, UAE is great place for tax-free money and paid vacations upto 2 months in some cases. I've a british colleague who worked in UAE for 8 years, he says that there are lots of restrictions.
Adage : America, a land of freedom and liberty. :-)
I agree, UAE is great place for tax-free money and paid vacations upto 2 months in some cases. I've a british colleague who worked in UAE for 8 years, he says that there are lots of restrictions.
Adage : America, a land of freedom and liberty. :-)
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immm
07-19 12:32 AM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
more...
vbkris77
09-05 10:58 PM
I missed the boat in 2007. I think the bigger point here is that people vent their frustration of their GC journey only in a blog hiding their identity. When it comes to real work of meeting people, most hide under their bed..
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
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santa123
07-11 09:14 AM
A few lucky people from the July filers will get their green cards from this, but most may have to wait a while. They have not processed many of them.
If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.
If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.
more...
NKR
09-11 04:14 PM
I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
This is frustating, I am yet to recover from the shock, I have started preparing to file premium H1 renewal next month. My PD is current but I have no hope of my 485 getting approved this month. I feel betrayed.
Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help
This is frustating, I am yet to recover from the shock, I have started preparing to file premium H1 renewal next month. My PD is current but I have no hope of my 485 getting approved this month. I feel betrayed.
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villamonte6100
04-02 11:58 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories� This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories� This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
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chi_shark
02-23 01:47 PM
Well, I too had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us???
yeah, he did say the legal/illegal stuff... i have a strong feeling that he was just shooting his mouth... i am pretty sure it is standard procedure for them to not allude to something like this... may be he was just not doing it right? only time can tell...
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us???
yeah, he did say the legal/illegal stuff... i have a strong feeling that he was just shooting his mouth... i am pretty sure it is standard procedure for them to not allude to something like this... may be he was just not doing it right? only time can tell...
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Suva
07-18 02:24 PM
Seems convincing to me.
only those with labor approved by 31st july can apply.
only those with labor approved by 31st july can apply.
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Not2Happy
11-20 02:56 PM
Jimi,
I applaud your efforts to take the lead for the so cal chapter. I live in the San Fernando Valley in the Los Angeles county. I would be happy to assist you with any drive for our local chapter.
Unfortunately your first step did not muster enough support from our volunteers. I guess we just need another jump start and we will be rolling. Lets give it another shot.
I applaud your efforts to take the lead for the so cal chapter. I live in the San Fernando Valley in the Los Angeles county. I would be happy to assist you with any drive for our local chapter.
Unfortunately your first step did not muster enough support from our volunteers. I guess we just need another jump start and we will be rolling. Lets give it another shot.
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gc_aspirant_prasad
07-05 07:54 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
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sc3
09-14 11:17 AM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.
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shantanup
06-11 01:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
visa recapture - no chance
visa increase - will not happen
still contribute??
Do you usually get paid first and then work? Do you get the returns first then you invest? Do you get the overpaid tax back first and then you file the tax return?
How do you know in advance that visa recapture and visa increase will not happen?
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nave_kum
08-12 05:45 PM
Buddyinus,
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Guys...
I just logged in thinking that by Monday, we July 2nd filers wud be getting receipts. But after flipping the pages back on this forum, I saw that the Monday was indeed the previous one. This is indeed misleading. After seeing the ongoing tussle between buddyinus and Srikondo, I realised Buddyinus is right. Whats wrong in whatever he's saying??? The purpose of this thread is to discuss about the so called Monday's receipts. But since that Monday is gone, looks like u r fighting over nothing. How dare u warn anybody on this thread. I am with Buddyinus on this. He may be a junior but u dont have any rights to warn him. Beware.
I know you are bit overcharged on this forum. I have already warned you politely and gently against personal attacks.
You have not heeded my advise and that of pappu.
Its time for second warning and if you continue and persist on your idiotic talk, you will really face the consequences.
I have already complained about your behavior and you still continue with your narrow and dogmatic thinking.
You really don't know the difference between assertion and assumption.
Let us move on and concentrate on the bigger issue.
I hope you will cool down and get down to basics. I don't want you to be banned from this forum as we need members and especially contributing members.
Best regards
sri
Guys...
I just logged in thinking that by Monday, we July 2nd filers wud be getting receipts. But after flipping the pages back on this forum, I saw that the Monday was indeed the previous one. This is indeed misleading. After seeing the ongoing tussle between buddyinus and Srikondo, I realised Buddyinus is right. Whats wrong in whatever he's saying??? The purpose of this thread is to discuss about the so called Monday's receipts. But since that Monday is gone, looks like u r fighting over nothing. How dare u warn anybody on this thread. I am with Buddyinus on this. He may be a junior but u dont have any rights to warn him. Beware.
abhishek101
07-20 05:36 PM
All of us have to understand the Democrats are against all the legal immigrants. Sen Boxter and Feinstein have made it clear in their past statements that they oppose, any high skilled immigration.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
mps
03-04 01:22 PM
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
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