h1techSlave
07-10 02:50 PM
As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
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vnsriv
03-13 11:15 AM
If this bulletin is true I guess the guy at this link has predicted properly.
http://immigration-information.com/forums/showthread.php?t=4285
I still don't believe these dates.
http://immigration-information.com/forums/showthread.php?t=4285
I still don't believe these dates.
.jpg "images this Happy Birthday Dad")
GCstuck
08-28 09:06 AM
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.
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.
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cagedcactus
11-14 01:28 PM
He does not worth such attentions!
He might not be worth such attention at national level. But now he is in our area, attacking us. Trying to harm our future and create bad impression for us....
And that is worth every bit of attention my friend.
He might not be worth such attention at national level. But now he is in our area, attacking us. Trying to harm our future and create bad impression for us....
And that is worth every bit of attention my friend.
more...
gc_lover
04-18 07:43 AM
Does anyone know how close are we in achieving this target, did we atleast cross 100k?
voldemar
02-27 03:55 PM
labor sub is being cancelled.. Don't get into it.. you will loose money and gain nothing..
Wrong. There is still time to get it done.
Wrong. There is still time to get it done.
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chunk
06-05 09:23 AM
That white bit on the front of mine... its actually in the photo, but becuase the ipod is white, no one notices ;)
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eager_immi
07-16 09:02 AM
signed
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kavita
12-30 11:26 AM
www.change.gov is open for questions: round two.
You can post a question and vote on others' questions.
We may not lead in voting or number of questions, but still should do our best. Lets not give an impression to this transition team that EB immigrants are not suffering from backlogs or are not concerned enough.
You can post a question and vote on others' questions.
We may not lead in voting or number of questions, but still should do our best. Lets not give an impression to this transition team that EB immigrants are not suffering from backlogs or are not concerned enough.
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logiclife
02-05 04:46 PM
Before this thread takes a turn where supporters and opponents of this idea start another forum war, let me say this clearly:
IV is not going to adopt this as an agenda item. The reason is quite simple: H4s not being able to work is low on priority of problems that need to be fixed in order to mitigate retrogression or other consequences of retrogression.
And frankly, we do not have extra kind of support to add new agenda items on our list.
A whopping 200 people signed up for recurring contributions of $20 per month. Out of 8000 people who registered here and got emails about it. However, almost every week, there is no shortage of new ideas and no shortage of opinions on those new ideas from people.
We get $20 deposits each month from 200 people. But as far as opinions are concerned, we get hundreds of them each week. How nice? I wish we had some machine to convert those opinions into dollars.
If you dont agree:
Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.
And this thread has all the features and ingredients neccesary to become a forum war. If that happens this thread will be deleted.
IV is not going to adopt this as an agenda item. The reason is quite simple: H4s not being able to work is low on priority of problems that need to be fixed in order to mitigate retrogression or other consequences of retrogression.
And frankly, we do not have extra kind of support to add new agenda items on our list.
A whopping 200 people signed up for recurring contributions of $20 per month. Out of 8000 people who registered here and got emails about it. However, almost every week, there is no shortage of new ideas and no shortage of opinions on those new ideas from people.
We get $20 deposits each month from 200 people. But as far as opinions are concerned, we get hundreds of them each week. How nice? I wish we had some machine to convert those opinions into dollars.
If you dont agree:
Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.
And this thread has all the features and ingredients neccesary to become a forum war. If that happens this thread will be deleted.
more...
jnraajan
03-13 05:10 PM
jnrajaan: Thank you for your critical feedback, it is useful.
Just a quick clarification. The time line extension for Admin fix letter campaigned was requested by various state chapter volunteers including myself, abhijit and others. The reason was the traction they were gaining after volunteering on the ground for few weeks. The idea was to leverage that instead of just ending the admin fix letter campaign on a fixed date.
I agree with the reasons behind it, now that I know it.
Just so, everyone understand, I am not trying to find fault with IV or its members. I am trying to do, what you can call, soul searching.
We have around 25000 members. Why only 25000, when we know there are millions out there in the same boat. What is stopping them from joining IV and contributing? Of all these 25000 or so members, we only have around 4000 letters sent for Admin fixes.(May be I am wrong about this number, but I believe it is around that range.) What is preventing the others from doing so?
I strongly believe, that the answers to these questions might help IV in the long run, with more members and possibly more active members. Once we get to that point, IV will no longer be an organization, but it will be a MOVEMENT. Chances of success for a movement is always better than that of an organization. That is what I believe we should try to achieve. I hope everyone agress with that.
Thanks
Just a quick clarification. The time line extension for Admin fix letter campaigned was requested by various state chapter volunteers including myself, abhijit and others. The reason was the traction they were gaining after volunteering on the ground for few weeks. The idea was to leverage that instead of just ending the admin fix letter campaign on a fixed date.
I agree with the reasons behind it, now that I know it.
Just so, everyone understand, I am not trying to find fault with IV or its members. I am trying to do, what you can call, soul searching.
We have around 25000 members. Why only 25000, when we know there are millions out there in the same boat. What is stopping them from joining IV and contributing? Of all these 25000 or so members, we only have around 4000 letters sent for Admin fixes.(May be I am wrong about this number, but I believe it is around that range.) What is preventing the others from doing so?
I strongly believe, that the answers to these questions might help IV in the long run, with more members and possibly more active members. Once we get to that point, IV will no longer be an organization, but it will be a MOVEMENT. Chances of success for a movement is always better than that of an organization. That is what I believe we should try to achieve. I hope everyone agress with that.
Thanks
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fide_champ
12-13 11:41 PM
Hi
My wife appeared for Visa interview on 6th and yet to receive the passport. we booked tickets for this weekend and seems we have to reschedule. I sent a mail to NIV and no response as of now.This is of concern. can anyone tell me about the normal turnaround time for H4 Visas these days?
Suresh
It is very important to put proper subject in your e-mail. Please refer to the chennai consulate website for more information. Because of the volume of e-mails they'll be getting, they don't respond to normal e-mails. I got the response the next day. I don't know if i am a isolated case but it doesn't hurt to follow the instructions in the website.
My wife appeared for Visa interview on 6th and yet to receive the passport. we booked tickets for this weekend and seems we have to reschedule. I sent a mail to NIV and no response as of now.This is of concern. can anyone tell me about the normal turnaround time for H4 Visas these days?
Suresh
It is very important to put proper subject in your e-mail. Please refer to the chennai consulate website for more information. Because of the volume of e-mails they'll be getting, they don't respond to normal e-mails. I got the response the next day. I don't know if i am a isolated case but it doesn't hurt to follow the instructions in the website.
more...
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AllVNeedGcPc
04-18 04:54 PM
Enjoy the freedom.
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indyanguy
11-16 12:04 PM
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
1) You need to file a Change of status to H1
2) Please see one of the links posted by me earlier (a link to Ron Gother's site) which says that if you get a H1 extension based on AOS and AOS is denied, you are NOT allowed to work on H1.
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
1) You need to file a Change of status to H1
2) Please see one of the links posted by me earlier (a link to Ron Gother's site) which says that if you get a H1 extension based on AOS and AOS is denied, you are NOT allowed to work on H1.
more...
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gjoe
10-28 05:35 PM
I was seeing lot of posts in this forum about reverse brain drain, so I wanted to comeup with a question which would answer my question without doubt.
I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.
I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.
Once again thanks to everyone who so far particiapted in this poll and posted comments.
Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D
I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.
I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.
Once again thanks to everyone who so far particiapted in this poll and posted comments.
Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D
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desi3933
01-28 01:52 PM
[From the pdf file]
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
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cinqsit
01-17 02:28 PM
hey snathan
how about a addnl category in the survey
people who are not on h1 but willing to contribute
I am sure there will be some ;-)
cinqsit
how about a addnl category in the survey
people who are not on h1 but willing to contribute
I am sure there will be some ;-)
cinqsit
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21stIcon
10-07 05:34 PM
Almost all Hyderabad house hold has one or more members live in US, who save atleast 15l/year and invest a lot in homeloand which would translate into sustainable stability in AP,India.
Unless US govt. declares bankruptcy, AP real estate would not burst so it would be safe to invest in AP.....
Unless US govt. declares bankruptcy, AP real estate would not burst so it would be safe to invest in AP.....
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eager_immi
01-31 01:46 PM
I agree it is a completly unfair practice and i am glad it is stopped
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
vikki76
09-17 04:14 PM
Congrats KabMilegaGC on getting that magic email.
We are still waiting for our turn- Today my attorneys decided to take pity on us and they said that they are going to write to USCIS about pending application. Maybe that will do the trick.
In some weird way, there was no anxiety at all when dates were not current as there was no hope at all. Life was going on just fine but this wait is proving to be more difficult.
------------------------------------------------------------------------
Opened SR on Sept 3rd
Case Pending on NSC
InfoPass on Sept 7th
Contacted Senator on Sept 14th.
We are still waiting for our turn- Today my attorneys decided to take pity on us and they said that they are going to write to USCIS about pending application. Maybe that will do the trick.
In some weird way, there was no anxiety at all when dates were not current as there was no hope at all. Life was going on just fine but this wait is proving to be more difficult.
------------------------------------------------------------------------
Opened SR on Sept 3rd
Case Pending on NSC
InfoPass on Sept 7th
Contacted Senator on Sept 14th.
REEF�
06-19 12:40 PM
magic