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  • clockwork
    08-08 12:15 AM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.


    I dont have any better idea than what other ppl are suggesting.....But

    If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....

    Best of luck.





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  • saimrathi
    09-21 01:20 PM
    No offense to anyone.. but that was funny...

    I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA





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  • mhtanim
    12-03 08:29 PM
    Hi Guys,

    Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th

    Thanks,
    Kris

    Did you file a Service Request for FP Notice?





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  • GCwaitforever
    11-17 09:23 AM
    What is the procedure to file Tax from India?

    1. Designate one of the tax filing companies (HR block etc ...) as your agent by filling a form (check IRS web site) and give it to your. Your company will issue W-2 to this agent. You have to pay filing fee in advance to the tax filing company.

    2. If your company issues W-2 electronically and your banks/financial institutions produce 1099s electronically, you can file the returns from India electronically and direct refund to your bank account.



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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





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  • felix31
    12-21 01:57 PM
    You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well

    I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...

    THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota



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  • GC08
    07-08 02:48 PM
    Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?





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  • logiclife
    05-22 04:47 PM
    I think I made a mistake by being sarcastic about the bill. Members assume that I have given up hope.

    That is not true.

    I am going to close this thread.

    This was a joke on the bill and meant to point out the injustice. Please ignore this.

    I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.

    Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.



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  • ksefiane
    01-22 01:01 PM
    I have contacted local lawmakers and was told that one office is sending a letter to the White House. However, I was not able to get a copy of the letter so I am not sure if that will really happen. I have asked my employer to send a letter as well. I have sent a letter to IV and White House today and have sent out a template to all friends and family in hopes that several of them will send in letters on my behalf. I know of three people that have done it thus far.

    Thanks!

    Morokko





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  • pyrosleepy
    07-31 09:59 AM
    I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
    Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?



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  • gc_on_demand
    11-06 12:45 PM
    Hey! Maybe instead of donating to IV, we could pool some money and get Baba's prediction on Visa movement. I'm sure his prediction would be just as worthwhile/less as Charles Oppenheim's!!!;)

    Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?





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  • dpp
    06-27 10:01 AM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??


    It is not workable option. How can you ask and convince your attorney to wait till the end of month and file. It is really foolishness and stupidity. If something happens, everybody will suffer. So, start sending whenever your docs are ready and good to go. Since we got a month, all filings will be distributed to whole month, and nobody or media cares. If they receive all on a particular one day, then it will be in news unnecessarily. Then, everybody starts hating GC applicants like the way it is happening for H1Bs because of mass filings on Apr 2nd 2007.

    So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.

    Happy filing.



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  • aau
    08-22 01:31 PM
    Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.

    Are you referring to an 'Online' degree by any chance?! Please tell me the name of this University where you get a M.S. in 3 semesters...
    Thats about 27 credits to get a Masters degree.. insteresting. No wonder they will never pass this bill into law.





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  • acecupid
    06-02 06:39 PM
    what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?

    Where did you read the new text ?



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  • shana04
    02-13 10:14 AM
    Shana,

    Were you on H1 Extension when you transferrred your H1?.

    Thanks,

    I was on 5th year





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  • zen
    03-26 10:11 PM
    In Florida, one has to show an EVL before they give the one year "temporary" license. I wonder what happens when your H-1B expires and your renewed H-1B has not arrived, sit at home:confused:
    In one word - YES !!! the DL office in georgia would not renew my license even 1 day early ..my old EAD was expiring in 6 days and I had my new EAD in hand. went to DL office and asked them to renew ..they said come when old license expires ,,I said I would need to take a holiday just for renewal - they said - not our problem.
    I said - I would be driving on expired license when I come to DL office ..they said talk to immigration ..I said do you know legal immi and USCIS is broken :)
    I told my manager ...these guys cannot even add 2 plus 2 ...(old ead expiring on 5th and new one starting from 6th )



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  • gc_waiter56
    05-15 11:41 AM
    because of the abuse of H1 & L1 by these companies, people who have actual job offers in U.S are not able to apply for H1b. These companies do a kind of visa gouging wherein, they get H1b approved and stamped for all the people they have on payroll in their offshore centers whether they are needed here or not and then, send them when they projects. This is nothing but visa gouging by this companies and abuse of the intent of H1 & L1. Although the bill has gone too far and tried to penalize everybody but instead it should look at stopping the visa gouging





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  • ajju
    02-27 04:26 PM
    Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
    Unluckily I chose for CP instead of 485 and now lying in a dark well.

    Anyway please don't sympathize, I'll certainly come out of this situation very soon.

    Pls check with your lawyer if you can change to AOS from CP... Then you'll be entitled for all the AOS benefits.. I know few of my friends did filed for CP instead of AOS and maintained their H1/H4 status... So no choice is good or bad.. it keeps changing :-)

    Since AOS can convert to CP.. I think it should be possible otherway too...





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  • Sheila Danzig
    04-21 09:50 AM
    I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.

    I really am not able to understand your education pattern

    10 = Std 10th
    +2 = Std 12th I assume
    +1 = Is this the commerce 1st year?
    +3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.

    My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.

    Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program

    I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.





    Dhundhun
    01-26 06:42 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.





    mchundi
    12-13 03:19 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

    In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
    Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
    USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
    --MC