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enthu999
08-25 11:56 PM
Hello Friends,
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.
If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.
If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.
If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.
If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.
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TeddyKoochu
11-12 09:53 AM
The disappointing news is that the projections for EB2 for India born applicants will not advance for several months. For the months of October and November 2010, the Department of State has used 700 EB2 numbers and that does not count the demand for USCIS for EB2 numbers.
besically , nothing going to change.
Thanks
MC
I think we should get VB tomm as today its Fed Holiday Veterans Day.
Guys nothing new in here, EB2 I/C will most likely have to wait till the spillover season starts in Jul 2011 there will be good movement atleast equal to last Year so do not worry, we just need to be patient. for Eb2 I/C folks except if the PD is very close like in May it�s time to take a chill pill because the annual allocation is not even enough to take care of PD porting or older applications.
besically , nothing going to change.
Thanks
MC
I think we should get VB tomm as today its Fed Holiday Veterans Day.
Guys nothing new in here, EB2 I/C will most likely have to wait till the spillover season starts in Jul 2011 there will be good movement atleast equal to last Year so do not worry, we just need to be patient. for Eb2 I/C folks except if the PD is very close like in May it�s time to take a chill pill because the annual allocation is not even enough to take care of PD porting or older applications.
cjagtap
07-07 02:20 PM
Here is the link to the NY Times Editorial:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .
The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .
The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.
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485Mbe4001
12-05 11:12 AM
Pune, India in 1996, i just filled out a form, attached a no objection certificate from my company and got a check in 2 weeks. I did not have to pay a dime, i wasnt asked any. I guess it was probably because i was in no rush to get the money.
I try not to pay out money in india, it takes time to get things done, but they do get done...maybe things have changed alot since, but i hope it should not be that bad.
I do not know in which city of India you took out your PPF.,
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I try not to pay out money in india, it takes time to get things done, but they do get done...maybe things have changed alot since, but i hope it should not be that bad.
I do not know in which city of India you took out your PPF.,
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
more...
rdehar
07-17 10:55 AM
Almond: what browser are you using ?
angelfire76
08-10 01:00 PM
The best thing DOL did was to get rid of Labor Subs. Period.
Why:
1. I've paid Social Security taxes + Medicare + Income taxes longer than people who've come here in 2006 and used LS. If I don't get GC (frustration due to retrogression), aren't these guys enjoying (or going to enjoy) benefits that I've paid for, for a longer time.
2. It's really no different than the system in India (or what used to be)for getting everything from telephone, passport etc. where a select few jump ahead in line by either knowing somebody or paying somebody. Isn't that one of the reasons a lot of us decided to move to the US for better(fairer?) opportunities.
3. Isn't this very similar to the falsifying of experience people do to get better positions in a company?
4. Yes, I do have a problem if after slogging my butt off to get a Ph.d, somebody with 3 yrs + 2yr of NIIT comes in through desi consultancy and gets far ahead in line than me. Now before somebody says NIW+ EB1, let me tell you that it's not that easy to get it in the Computer Sciences.
Anyway, having said that it's no time to be divided, but to present an unified front in getting legislation passed that eliminates exactly this kind of discussion. Atleast 20 yrs down the line when we talk about arranging marriages between our children, let how we got GC be a deciding factor in who's got the bigger status :D
Why:
1. I've paid Social Security taxes + Medicare + Income taxes longer than people who've come here in 2006 and used LS. If I don't get GC (frustration due to retrogression), aren't these guys enjoying (or going to enjoy) benefits that I've paid for, for a longer time.
2. It's really no different than the system in India (or what used to be)for getting everything from telephone, passport etc. where a select few jump ahead in line by either knowing somebody or paying somebody. Isn't that one of the reasons a lot of us decided to move to the US for better(fairer?) opportunities.
3. Isn't this very similar to the falsifying of experience people do to get better positions in a company?
4. Yes, I do have a problem if after slogging my butt off to get a Ph.d, somebody with 3 yrs + 2yr of NIIT comes in through desi consultancy and gets far ahead in line than me. Now before somebody says NIW+ EB1, let me tell you that it's not that easy to get it in the Computer Sciences.
Anyway, having said that it's no time to be divided, but to present an unified front in getting legislation passed that eliminates exactly this kind of discussion. Atleast 20 yrs down the line when we talk about arranging marriages between our children, let how we got GC be a deciding factor in who's got the bigger status :D
more...
rdehar
07-17 10:38 AM
Sorry But please tell me how to do this?
In IE, goto: Tools > Internet Options > (Temp Internet files) Delete Files > Ok
Do same for "Delete Cookies" and then "Clear History"
In Firefox: Tools > Clear Private Data > Check all boxes > Ok
This should do it ...
In IE, goto: Tools > Internet Options > (Temp Internet files) Delete Files > Ok
Do same for "Delete Cookies" and then "Clear History"
In Firefox: Tools > Clear Private Data > Check all boxes > Ok
This should do it ...
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ujjvalkoul
06-26 03:42 PM
Have any lawyers recommended against DIGITAL Photos? and Asked to use on Polaroids?
more...
kumar1
07-19 10:12 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
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niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
more...
gc_maine2
05-15 01:00 PM
I agree too, it was inspiring story. good post snathan....
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
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darslee
07-06 02:17 PM
Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
I second that!
I second that!
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Brightsider
06-02 10:30 AM
Guys,
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
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coolpal
06-01 12:03 PM
so does this bill include EB folks or not?
I assume it does.. or this thread won't be so upbeat ;)
I assume it does.. or this thread won't be so upbeat ;)
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hpandey
12-29 12:13 PM
Before I approach Ombudsman is it wise to get any sort of clearence or green signal from your lawyer ? Can you approach them directly without a lawyer ?
Thanks
I think the DHS-7001 form needs to be signed by the HR of your company.So I guess your company/lawyer will need to be involved.
Thanks
I think the DHS-7001 form needs to be signed by the HR of your company.So I guess your company/lawyer will need to be involved.
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willwin
02-18 11:36 AM
:rolleyes:
Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.
Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.
Internet/ssnd03,
I would like to clarify few things on behalf of CP filers:
1. Taking CP or 485 route is a personal decision and none of the CP filers have to justify you guys especially when you do not have a pragmatic approach to this issue.
2. If CP filers were not contributing to IV because they were not seeing any benefit out of IV efforts; what do you expect from CP filers to win your kind heart? Contribute in every single way even knowing that IV would do nothing to CP filers? How many such great souls do we have among 485 filers who are here just to get their GC sooner (which means I am not talking about volunteers who have GC but still helping IV - kudos to you guys).
Tell the 485 filers that IV will only take care of members whose PD is over 3 or 4 years old and see how many of those birds will still be on the IV tree!
3. There is no sin, stupid logic in CP filers (who are already in the USA) asking for a provision like EAD. And, CP filers are asking for it just because of the severe retrogression we are in. And they would not have asked for it if there was a separate VISA numbers pool available for CP filers.
You are (or were) just a beneficiary in this system like every one else. CP or 485, every one have equal right to bring up their issue to the Govt.
485 guys want to speed up the name check, multiple year EAD, AP, increase visa numbers to infinity, remove per country limit, make EB2 current just because you guys made a decision to go with EB2 assuming that would be a faster queue. you guys even change EB3 to EB2 to speed up application and even sue USCIS!!! And all this are fair!!!
But a guy should not opt to go for CP assuming that would be a faster queue. Even if he/she does, should not come back and ask for ANY benefits even if the queue comes to a stand still for a decade because of all the July filers!
If the core members come and out and say that IV is only for 485 filers or only for those who have made contribution, then CP filers would take a stand.
Until then, chill out and do not show your frustrations on CP guys.
Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.
Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.
Internet/ssnd03,
I would like to clarify few things on behalf of CP filers:
1. Taking CP or 485 route is a personal decision and none of the CP filers have to justify you guys especially when you do not have a pragmatic approach to this issue.
2. If CP filers were not contributing to IV because they were not seeing any benefit out of IV efforts; what do you expect from CP filers to win your kind heart? Contribute in every single way even knowing that IV would do nothing to CP filers? How many such great souls do we have among 485 filers who are here just to get their GC sooner (which means I am not talking about volunteers who have GC but still helping IV - kudos to you guys).
Tell the 485 filers that IV will only take care of members whose PD is over 3 or 4 years old and see how many of those birds will still be on the IV tree!
3. There is no sin, stupid logic in CP filers (who are already in the USA) asking for a provision like EAD. And, CP filers are asking for it just because of the severe retrogression we are in. And they would not have asked for it if there was a separate VISA numbers pool available for CP filers.
You are (or were) just a beneficiary in this system like every one else. CP or 485, every one have equal right to bring up their issue to the Govt.
485 guys want to speed up the name check, multiple year EAD, AP, increase visa numbers to infinity, remove per country limit, make EB2 current just because you guys made a decision to go with EB2 assuming that would be a faster queue. you guys even change EB3 to EB2 to speed up application and even sue USCIS!!! And all this are fair!!!
But a guy should not opt to go for CP assuming that would be a faster queue. Even if he/she does, should not come back and ask for ANY benefits even if the queue comes to a stand still for a decade because of all the July filers!
If the core members come and out and say that IV is only for 485 filers or only for those who have made contribution, then CP filers would take a stand.
Until then, chill out and do not show your frustrations on CP guys.
more...
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shamu
01-10 06:34 PM
I have had 1 friend go through this. In his case he decided to go through the "India Doctors Association" and they refered him to this OBGYN who helped him as community service. She didnt charge anything for her own fees but he had to pay the clinic for tests. For hospital he just put his hands up and didnt pay a penny - it ofcourse spoiled his credit but he didnt care as the amount was so unrealistically high for him (wife had c section so it costs like 40-50k).
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I really thank you all for the support and information provided.
Thank you all.
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I really thank you all for the support and information provided.
Thank you all.
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Ramba
04-01 06:53 PM
Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS). If it is the law firm mistake ( if you have not requested your attorney to withdraw your 485), contact him to rectify his mistake. That means, he has to put his full effort to get the application back to USCIS. You can even sue them for a hefty amount for the damages they have done. If it is a USCIS mistake, MTR may work well, to get back the 485 in line. As the primary applicant already received the GC, it is tricky. So, contact another atttorney for second opinion and contact AILA, if required.
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santb1975
06-17 01:21 PM
^^
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
sayantan76
05-29 07:11 PM
I already sent one. Trying to do something about the problem is fine; grumbling over things that we cannot do anything about is not.
It is definitely not OK to be posting unconfirmed data as above.
I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India
However, if I think rationally without being condescending, here is my take:
Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.
When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say
The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.
No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......
Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......
It is definitely not OK to be posting unconfirmed data as above.
I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India
However, if I think rationally without being condescending, here is my take:
Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.
When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say
The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.
No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......
Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......
Daisy
01-10 09:26 PM
Dont lose hope. I am on H4 since 2000 too and been out of workforce ever since. I had 6 years of prior experience. Now, I have a job offer(non IT) and the company is planning to sponsor my H1 this April. Keep applying and something will work out.
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