saimrathi
07-12 07:51 AM
As I said, I wish I could make it.. But I'll be there in spirit...
If you pack your bags and leave tonight you may be able to make it here by Saturday. Instead of sitting at your computer on IV all day and posting the same messages on all threads why not join us!
If you pack your bags and leave tonight you may be able to make it here by Saturday. Instead of sitting at your computer on IV all day and posting the same messages on all threads why not join us!
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vsrinir
09-17 12:21 PM
H.R. 6020 : would grant amnesty to illegal aliens who are family members of armed forces personnel.
gctex
02-11 05:41 PM
I guess the confusion about the future employer being unable to extend the H1 after one enters on AP may have come a couple of responses on Murthy's forum:
http://www.murthy.com/chatlogs/ch071006_P.html
Chat User : I changed jobs. H1B transfer was approved in the U.S. (no visa stamp). Can I keep H-1 status if using AP to travel?
Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
Chat User : Informative website, Murthyji. Thanks for the service. Once the EAD is approved, what do you have to do to change from H1B to EAD? Is approval status on the USCIS WebSite enough or do we have to receive it?
Attorney Murthy : A person has to receive the EAD in order to work for a new employer on the EAD. Merely having an approval notice or seeing the approval status on the USCIS WebSite is not sufficient to be able to work legally on the EAD. A person does not need to do anything to switch from H1B to EAD. Merely by working for another employer on an EAD, a person is deemed to abandon the H1B status and opt for the EAD, unless the person requests the new employer to file an H1B petition extension with the new employer, in which case a person maintains both statuses at the same time, which is legally permissible. Only after travel abroad and reentering the U.S., a person has to choose to enter as a parolee or on H1B status, but, then, as stated above, one may revert to H1B status by filing an H1B extension even if one enters as a parolee, if one is still working for the same H1B employer.
http://www.murthy.com/chatlogs/chat1124_P.html
http://www.murthy.com/chatlogs/ch071006_P.html
Chat User : I changed jobs. H1B transfer was approved in the U.S. (no visa stamp). Can I keep H-1 status if using AP to travel?
Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
Chat User : Informative website, Murthyji. Thanks for the service. Once the EAD is approved, what do you have to do to change from H1B to EAD? Is approval status on the USCIS WebSite enough or do we have to receive it?
Attorney Murthy : A person has to receive the EAD in order to work for a new employer on the EAD. Merely having an approval notice or seeing the approval status on the USCIS WebSite is not sufficient to be able to work legally on the EAD. A person does not need to do anything to switch from H1B to EAD. Merely by working for another employer on an EAD, a person is deemed to abandon the H1B status and opt for the EAD, unless the person requests the new employer to file an H1B petition extension with the new employer, in which case a person maintains both statuses at the same time, which is legally permissible. Only after travel abroad and reentering the U.S., a person has to choose to enter as a parolee or on H1B status, but, then, as stated above, one may revert to H1B status by filing an H1B extension even if one enters as a parolee, if one is still working for the same H1B employer.
http://www.murthy.com/chatlogs/chat1124_P.html
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pbojja
10-03 11:20 AM
Is that a mandatory criterion to express an opinion? If so, then you should have obliged to it first. Simple. :)
Maybe he doesn't give a shit about the profile. What's your point?
I questioned GC test and I dont understand why are you responding for every question in this forum ... If you have free time do some voulnteer work ..god may forgive your ignorance ...
Maybe he doesn't give a shit about the profile. What's your point?
I questioned GC test and I dont understand why are you responding for every question in this forum ... If you have free time do some voulnteer work ..god may forgive your ignorance ...
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Slowhand
07-19 02:38 PM
Slowhand, No Offense...If I were you, I would first contribute and then deal with this later. High time to contribute. If you have already contributed, please urge your friends to do so.
Just a suggestion, sooner or later that's the way it should be. No offense taken.
Just a suggestion, sooner or later that's the way it should be. No offense taken.
shfence
06-05 04:29 PM
oh, ya. I was just brain dead. hehe
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longq
02-11 06:36 PM
There is also a 7 percent cap for each country. The sum of family and employment visas for china and india cannot exceed 25,000 approx as long as ROW is oversubscribed.
IF excess visa from EB2 ROW overflows to to EB2 china/india, this would clearly violate the 7 percent limit as the sum total consumption of visas by these countries would be well over the 7 percent of employment visas. Unless the overall demand for employment visas is less than what is available, the 7 percent would clearly apply.
The only thing that I feel might happen would be any unused EB1 china/india visas flowing down to EB2 china/india.
What ever you are saying is absoutly true till year 2000,ie before AC21 act.
But after 2000, the simple answer is NO. The unused numbers in EB2 shuold go to retrogressed countries in EB2 first, and if any numbers are left then it should go to EB3-ROW.
IF excess visa from EB2 ROW overflows to to EB2 china/india, this would clearly violate the 7 percent limit as the sum total consumption of visas by these countries would be well over the 7 percent of employment visas. Unless the overall demand for employment visas is less than what is available, the 7 percent would clearly apply.
The only thing that I feel might happen would be any unused EB1 china/india visas flowing down to EB2 china/india.
What ever you are saying is absoutly true till year 2000,ie before AC21 act.
But after 2000, the simple answer is NO. The unused numbers in EB2 shuold go to retrogressed countries in EB2 first, and if any numbers are left then it should go to EB3-ROW.
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GC08
02-07 07:45 PM
Unfortunately, country of birth for PD determination is one thing that cannot change. It is ridiculous that a country like the US that promotes itself as a meritocracy and a country of second chances ties the fate of EB applicants to such an immutable parameter.
I used to believe in and respect the so-called the American Dream. The more I stay here, the more I see its hypocrosy. ;)
Whenever I hear someone (esp. those politians) talking about something like no matter who you are, you can always achieve your potential, I just laugh. What a disguise ... what a joke! :D
I used to believe in and respect the so-called the American Dream. The more I stay here, the more I see its hypocrosy. ;)
Whenever I hear someone (esp. those politians) talking about something like no matter who you are, you can always achieve your potential, I just laugh. What a disguise ... what a joke! :D
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seattleGC
05-24 02:18 PM
Thats not entirely correct. Three of the most vocal supporters of us are
Sen. Brownback(R) - Kansas
Sen. Hagel(R) - Nebraska
Sen Coryn(R) - Texas
They are from the so-called conservative states.
I haven't heard anything positive for our cause from senators from the so-called sophisticated/liberal states like Illinois (Dick Durnbin & Obama) , NY , MH (Kennedy and Kerry), CA (Boxer and Fienstein) for our cause. In fact they have gone towards family immigration and are screwing us in the process.
If you might notice that all these Senators who are coming up with these brilliant ideas are either from some god forsaken place in the US where there is nothing except a WalMart and a Church or the Senator doesnt know his economics right and is using VOTE BANK POLITICS parallel that to the recent Mayawati being elected in UP & AB & AMbani getting hit in scams and SEZs.
...
Sen. Brownback(R) - Kansas
Sen. Hagel(R) - Nebraska
Sen Coryn(R) - Texas
They are from the so-called conservative states.
I haven't heard anything positive for our cause from senators from the so-called sophisticated/liberal states like Illinois (Dick Durnbin & Obama) , NY , MH (Kennedy and Kerry), CA (Boxer and Fienstein) for our cause. In fact they have gone towards family immigration and are screwing us in the process.
If you might notice that all these Senators who are coming up with these brilliant ideas are either from some god forsaken place in the US where there is nothing except a WalMart and a Church or the Senator doesnt know his economics right and is using VOTE BANK POLITICS parallel that to the recent Mayawati being elected in UP & AB & AMbani getting hit in scams and SEZs.
...
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Libra
01-30 05:08 PM
me too
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kubmilegaGC
09-15 11:30 PM
I feel the pain buddy...I feel the pain. There is no rhyme or reason and this reasoning is BS ...since we all know people with later PDs and later RDs/NDs have been approved - the processing order is JUST a BIG MESS.
When the senator inquiry was initiated? sometime in August?
When the senator inquiry was initiated? sometime in August?
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vallabhu
07-14 08:59 PM
Signed.
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paskal
11-01 08:27 PM
but try what?
go back? or pretend to go back?
and what after that?
if you go, it's over. if you don't you have no credibility.
i'm not sure i understand. but maybe i'm not good enough for "reverse brain drain" and to those who voted "yes", please confirm July 4 that you are leaving. i saw some of you tracking receipts in desperation? why, why for god's sake? if you are ready and willing to leave in 6-8 months did you care so much? wish there was a way to hold each one of you to your words.
and anyway, what are you doing for that "freedom and independence"? how many of you are actively helping in iv's lobbying effort? just sitting around and watching or criticizing is hardly winning any "respect". please don't make me point out individuals and start pasting their previous posts here...
go back? or pretend to go back?
and what after that?
if you go, it's over. if you don't you have no credibility.
i'm not sure i understand. but maybe i'm not good enough for "reverse brain drain" and to those who voted "yes", please confirm July 4 that you are leaving. i saw some of you tracking receipts in desperation? why, why for god's sake? if you are ready and willing to leave in 6-8 months did you care so much? wish there was a way to hold each one of you to your words.
and anyway, what are you doing for that "freedom and independence"? how many of you are actively helping in iv's lobbying effort? just sitting around and watching or criticizing is hardly winning any "respect". please don't make me point out individuals and start pasting their previous posts here...
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americandesi
09-06 07:37 PM
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.
I am sorry to know that your I-140 application got denied after such a long wait.
Your application was denied not with a combination of
Reason 1 , 2 & 3, but each reason by itself was insufficient to prove ability to pay. Your employer should meet atleast one of these to prove "Ability to Pay".
It's deplorable that most attorney's don't educate small employers on meeting ability to pay even before filing the Labor Certification.
I would suggest that you appeal the case with supporting statements from a good CPA and in the meantime go for a fresh labor certification.
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.
I am sorry to know that your I-140 application got denied after such a long wait.
Your application was denied not with a combination of
Reason 1 , 2 & 3, but each reason by itself was insufficient to prove ability to pay. Your employer should meet atleast one of these to prove "Ability to Pay".
It's deplorable that most attorney's don't educate small employers on meeting ability to pay even before filing the Labor Certification.
I would suggest that you appeal the case with supporting statements from a good CPA and in the meantime go for a fresh labor certification.
more...
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Nickjr
09-24 11:32 AM
[QUOTE=gcformeornot;292719]http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
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We are all protected under first amendment (freedom of speech) so one is free to express their opinions. However I must say that IV never promises to come and get quick solution.Per my understanding it offers members to come share experience decide on stragtegy and with colloborative effort we can surely make a difference.Now if IV is not able to desired result which emans we asa member are not playing our part which we were expected to play.
Its really easy to blame but it takes really hard to come up with solution. If the author of the above post has some plan of action he/she could share in thsi forum. Again assigning dots is individual choice IN admin never assign points good anology would be when you speak to group of people some people like it some may diagree so why to blame IV..
Guys lets appreciate efforts of IV .Blame game can never be a solution.
Cheers
--------------------------------------------------------------------------
We are all protected under first amendment (freedom of speech) so one is free to express their opinions. However I must say that IV never promises to come and get quick solution.Per my understanding it offers members to come share experience decide on stragtegy and with colloborative effort we can surely make a difference.Now if IV is not able to desired result which emans we asa member are not playing our part which we were expected to play.
Its really easy to blame but it takes really hard to come up with solution. If the author of the above post has some plan of action he/she could share in thsi forum. Again assigning dots is individual choice IN admin never assign points good anology would be when you speak to group of people some people like it some may diagree so why to blame IV..
Guys lets appreciate efforts of IV .Blame game can never be a solution.
Cheers
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cinqsit
01-17 12:59 PM
count me in. I can provide monetary support - this is all wrong!
cinqsit
cinqsit
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nandakumar
04-18 12:02 PM
For the past 2 weeks many times I emailed/called most of my friends with our situation, only couple of them made contributions. Looks like most of them wants free lunch:mad:
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NKR
10-03 10:46 AM
US law offers student 1 year OPT to gain experience and find employment.
So you made use of this opportunity and you are asking others not to do what the law allows them to?...
fyi.. I am an EB2 I candidate and fyi� I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
So you made use of this opportunity and you are asking others not to do what the law allows them to?...
fyi.. I am an EB2 I candidate and fyi� I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
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gjoe
11-02 11:34 AM
All those who are questioning my profile details please check the public profile of mine. It has more info than most of you (Mr.internet) have in your own. To those who are calling to close this thread - Already someone modified the poll and added two new options, I won't be surprised if it is closed. If it is it will only show how fake some of you are when you talk about a few reasons ( not all) why GC backlogged should be solved fast.
Someone wanted the moderators to ban me. Tell me why I should be banned? Do you say you just want everyone to only listen to what you say and what you want them to do? You can't tolerate others' opinions and thoughts?
I am here in this country on H1B since 2000. I am also one of you waiting in this endless queue for my GC. I am also like one of you trying to get my GC fast. But I don't like to lie or twist facts for my convenience.
Thought for the day "Walk a mile in the shoes of an American before you ask them to beleive what you say"
Someone wanted the moderators to ban me. Tell me why I should be banned? Do you say you just want everyone to only listen to what you say and what you want them to do? You can't tolerate others' opinions and thoughts?
I am here in this country on H1B since 2000. I am also one of you waiting in this endless queue for my GC. I am also like one of you trying to get my GC fast. But I don't like to lie or twist facts for my convenience.
Thought for the day "Walk a mile in the shoes of an American before you ask them to beleive what you say"
BharatPremi
11-01 09:32 PM
if flowers campaign was a grand success, why not try this?
There is nothing to lose
Flower Campaign - Smart Strategy - Hence grand success
This - Foolish and crazy thought... forget strategy... Photo on a Grand Children's wall with garland(shoes) on it.
I sense " lost mind" just reading about this idea... So that is the start point for you to count what will be lost if this is done.. You or any other can add up other piles on top of that..
There is nothing to lose
Flower Campaign - Smart Strategy - Hence grand success
This - Foolish and crazy thought... forget strategy... Photo on a Grand Children's wall with garland(shoes) on it.
I sense " lost mind" just reading about this idea... So that is the start point for you to count what will be lost if this is done.. You or any other can add up other piles on top of that..
vin13
09-17 10:37 AM
This is going to be held today. here is the link.
http://judiciary.house.gov/hearings/calendar.html
http://judiciary.house.gov/hearings/calendar.html
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