eyeswe
06-14 09:36 AM
I am not on AF payroll, so please don't use your choicest abuse on me if it seems like I may be defending their actions a bit here. What I really want to do is give my experience with AI and the facts that comes sout of it and see if you would agree something similar could have happend with our fellow citizens on AF.
I was travelling on AI ORD-MUM via FKFT. Similar to what happend at CDG airport, just minutes before my plane was about to land at FKFT, the right engine shut off and at FKFT airport, it was reported that a mechanic from London etc will have to fix it. After 3 hrs it was reported that it cannot be fixed and a new plane from somewhere in Europe will have to come and carry us to Mumbai. In the meantime they gave us coffee and fruits. Old and people who were less able got some blankets etc to lay down, but in general, mist of them were just loitering inthe airport. AFter 5 hrs or so, all US passport holders (and of course EU) were told, they could go out and stay at a hotel and come back next morning, which would be the earliest the plane would take off. All the Indian passport holders were told,we could not go out due to visa restrictions. But AI started negotioations with the Polecie of Germany to see if we could get some type of temp visa. 12 hours after the start of the ordeal AI was able to obtain a group visa for us at midnight from the German Policei. Note that most of the admisnistartive work to get the visa was really managed by the Indian passengers themselves. Ther was probably 1 AI personnel to do/direct some of the things, but after a while the polecie started talking surectly to us on next steps.. All through this we went to have 3 scerurity checks at different points in the airport. We were put in the same hotel ( as swanky Marriott in heart of FKFT) as the US/WU citizens. We spend the next 36 hrs(yea, there was no plane from Europe to carry us) in the hotel before we got a plane from Mumbai to take us back.
So putting all this in context, I was happy that AI did help us when the situation was dire.with hotels and food etc. But they cannot help you with the Visa situation. I am assuming that it was the same predicament for AF. I agree not treating the pasengers well in terms of politeness, food , temporary lounge etc is not an excuse, esp at CDG which is AF's home.
I was travelling on AI ORD-MUM via FKFT. Similar to what happend at CDG airport, just minutes before my plane was about to land at FKFT, the right engine shut off and at FKFT airport, it was reported that a mechanic from London etc will have to fix it. After 3 hrs it was reported that it cannot be fixed and a new plane from somewhere in Europe will have to come and carry us to Mumbai. In the meantime they gave us coffee and fruits. Old and people who were less able got some blankets etc to lay down, but in general, mist of them were just loitering inthe airport. AFter 5 hrs or so, all US passport holders (and of course EU) were told, they could go out and stay at a hotel and come back next morning, which would be the earliest the plane would take off. All the Indian passport holders were told,we could not go out due to visa restrictions. But AI started negotioations with the Polecie of Germany to see if we could get some type of temp visa. 12 hours after the start of the ordeal AI was able to obtain a group visa for us at midnight from the German Policei. Note that most of the admisnistartive work to get the visa was really managed by the Indian passengers themselves. Ther was probably 1 AI personnel to do/direct some of the things, but after a while the polecie started talking surectly to us on next steps.. All through this we went to have 3 scerurity checks at different points in the airport. We were put in the same hotel ( as swanky Marriott in heart of FKFT) as the US/WU citizens. We spend the next 36 hrs(yea, there was no plane from Europe to carry us) in the hotel before we got a plane from Mumbai to take us back.
So putting all this in context, I was happy that AI did help us when the situation was dire.with hotels and food etc. But they cannot help you with the Visa situation. I am assuming that it was the same predicament for AF. I agree not treating the pasengers well in terms of politeness, food , temporary lounge etc is not an excuse, esp at CDG which is AF's home.
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jchan
02-25 02:11 PM
Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.
desi3933,
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
Please refer paragraph 8 from:
http://www.ilw.com/articles/2009,0225-endelman.shtm
Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.
Thanks a lot
-Kiran :)
desi3933,
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
Please refer paragraph 8 from:
http://www.ilw.com/articles/2009,0225-endelman.shtm
Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.
Thanks a lot
-Kiran :)
Macaca
09-17 02:27 PM
Some people hear
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
2011 Quote: Love Quotation
hebron
06-15 09:19 PM
There is no statutory requirement on wait time. You may not even be an employee when your future employer files for your PERM as green card is for future job.
It's up to your company policies and your "persuasion skills!"
Thanks AskBird, My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?
It's up to your company policies and your "persuasion skills!"
Thanks AskBird, My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?
more...
dotnetguru
06-26 12:00 PM
Mirage..you are absolutely right...i paid 765$ as per old fees for I485,EAD,AP. the new fees for I485 is 1010$ and EAD,AP can be concurrently filed with no fees.also, since I485 is filed with new fees there will be no fees for renewals.so, basically 1010$ one time fee with the new fees structure and 765$+645$(EAD+AP) with every renewal every year.(if it becomes 2 years then for every 2 years).i wish i had paid thru new fees.this is completely unfair and big BS......
my 10 cents to this discussion.
my 10 cents to this discussion.
EBX-Man
03-28 07:38 PM
Kya bada bada baatenin karte miyan. Hallo Hallo baatenin nahi karne ka kya?
idhar saare bhoota jainse batan karte. Questioona pooche do katne kou dodhate mian.
Spillower ke time kiaku milna phirhic mian. Thabichichi sab loga yaha kaatani ko dowdthe mian yahan per
Applogo ka advocacy apko mubarak mian
Applogo ka donation apko mubarak mian
Applogo ka gc apko mubarak mian
Apun jaisa logo ko yahn per koi ijjat nahi mian
Main jaatu yahan se mian.
Main Jatu ....
:(:(:(
idhar saare bhoota jainse batan karte. Questioona pooche do katne kou dodhate mian.
Spillower ke time kiaku milna phirhic mian. Thabichichi sab loga yaha kaatani ko dowdthe mian yahan per
Applogo ka advocacy apko mubarak mian
Applogo ka donation apko mubarak mian
Applogo ka gc apko mubarak mian
Apun jaisa logo ko yahn per koi ijjat nahi mian
Main jaatu yahan se mian.
Main Jatu ....
:(:(:(
more...
hebbar77
10-01 04:55 PM
We indians could not unite when colonizers came....
We indians could not unite after 1947 and trying to find ways to split ourselves(language/region caste... and #&*!)
And we cant stop fighting on a immigration forum after leaving indian soil...
I am wondering why!!
Jai ho.
We indians could not unite after 1947 and trying to find ways to split ourselves(language/region caste... and #&*!)
And we cant stop fighting on a immigration forum after leaving indian soil...
I am wondering why!!
Jai ho.
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bondgoli007
06-26 06:09 PM
I know IV is doing its best and there are other groups fighting for HR 5882.
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
Ron Gotcher predicts that none of the individual bills may pass this year.
And also that EB3 I may not move forward even next year!
I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).
Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?
First of all, I can commiserate with you and understand how important any news about the expected PD movement is. However I am sure you will also agree if nothings changes, the agonizing wait will keep getting longer. Now what needs to change and what the success percentage is at least partially up to us.
By believing that no matter what, EB3 is destined to have a long wait you might be not taking advantage of the possibility that there is some chance (no ones know how much) that things might get better. So lets just put our combined optimistic efforts into this initiative because that is a prerequisite for any change..now or later.
All the best and hang in there pal!
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
Ron Gotcher predicts that none of the individual bills may pass this year.
And also that EB3 I may not move forward even next year!
I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).
Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?
First of all, I can commiserate with you and understand how important any news about the expected PD movement is. However I am sure you will also agree if nothings changes, the agonizing wait will keep getting longer. Now what needs to change and what the success percentage is at least partially up to us.
By believing that no matter what, EB3 is destined to have a long wait you might be not taking advantage of the possibility that there is some chance (no ones know how much) that things might get better. So lets just put our combined optimistic efforts into this initiative because that is a prerequisite for any change..now or later.
All the best and hang in there pal!
more...
santb1975
04-26 03:19 PM
We really do
rolling.....
rolling.....
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mohican
03-16 06:49 PM
My MTR was reconsidered--what a relief. Here is the response:
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
more...
somegchuh
07-19 04:46 PM
I agree with you there is no point in moving to canada if u are going to do the same job there. You might as well do it here.
The point is that if you move to canada or any other place you have the freedom to take a higher position and your spouse gets to work too. Thereby improving your income. I think these decisions are really based on personal circumstances. For some ppl it might be the right thing to do, for some it may not be.
Again what is the point in moving to Canada just because you are tired in waiting here. Are you going to do the same job in Canada. If yes, I would do that here.
For me, only person who could move to Canada is:
1. Way better career jump.
2. Do not have wavery mind of coming back to US. If happens come back, but do not start with that as you will not lead happy life.
3. Keep the GC processing alive in US.
The point is that if you move to canada or any other place you have the freedom to take a higher position and your spouse gets to work too. Thereby improving your income. I think these decisions are really based on personal circumstances. For some ppl it might be the right thing to do, for some it may not be.
Again what is the point in moving to Canada just because you are tired in waiting here. Are you going to do the same job in Canada. If yes, I would do that here.
For me, only person who could move to Canada is:
1. Way better career jump.
2. Do not have wavery mind of coming back to US. If happens come back, but do not start with that as you will not lead happy life.
3. Keep the GC processing alive in US.
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vdlrao
07-14 11:56 AM
Singhsha,
Please see the below.
Employment-based preferences 162,176
First: Priority workers 26,697
Second: advanced degrees or aliens of exceptional ability 44,162
Third: Skilled workers, professionals, and needed unskilled workers 85,030
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2007/table07d.xls
So from now on in EB2 there would be around 100k approvals where as in EB3 it would be around 50k approvals due to the chage of vertical fall out to horizontal fall out of visa numbers.
Please see the below.
Employment-based preferences 162,176
First: Priority workers 26,697
Second: advanced degrees or aliens of exceptional ability 44,162
Third: Skilled workers, professionals, and needed unskilled workers 85,030
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2007/table07d.xls
So from now on in EB2 there would be around 100k approvals where as in EB3 it would be around 50k approvals due to the chage of vertical fall out to horizontal fall out of visa numbers.
more...
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shankar_thanu
06-14 03:35 PM
I applied for my H1-B 3yr extension and am waiting for approval. Right now I dont have a valid 797, all i have is a h1B application receipt, do I just have to include this in the 485 application package instead of the 797? Is this going to be a problem?
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Hermione
09-26 09:07 AM
Let us not also forget that current estimates are that there are 1.1 million applications pending at all stages of the green card process. Notwithstanding the new additions each year.
Not looking quite so quick still, I remain unconvinced that things will speed up.
Is this an estimate for EB or for all green card applications? Because I absolutely do not believe this is the number. There is just no about H1Bs issued to produce this number.
Not looking quite so quick still, I remain unconvinced that things will speed up.
Is this an estimate for EB or for all green card applications? Because I absolutely do not believe this is the number. There is just no about H1Bs issued to produce this number.
more...
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belmontboy
04-25 07:53 PM
Receipt ID: 0PX79170BF109634U
made onetime contribution of 100$ now.
BTW, this is what exactly i asked here:
http://immigrationvoice.org/forum/showthread.php?t=18777
made onetime contribution of 100$ now.
BTW, this is what exactly i asked here:
http://immigrationvoice.org/forum/showthread.php?t=18777
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alahiri
06-30 11:05 AM
Consider sending mail on the following lines to Senators and whoever that matters :
I am very glad to know that you are going to introduce a bill to help retain American Tecohnology Competitiveness termed as SKIL BILL. In regards to that I would request you to kindly consider adding to this bill a provision of awarding Green Card to skilled workers who have been in this country for six years legally and continuosly? There is something similar to this in UK immigration laws and this provision will automatically reduce the plight of the "silent minority" who have to wait for years for their Green Card approval and not able to change jobs etc. For senior professionals with many years of experience this is a very frustrating experience and since the whole process drags on for years many of them are forced to leave this country because they cannot take long term investment decisions when the future is always so uncertain.
Having a provision of automatically awarding Green Cards to H1B visa holders who have been here for more than 6 years and have applied for a Green Card will have the following positive results: - Lower the workload for the Immigration Services and streamline the process. The fact that someone has been here for 6 years legally and paid their taxes should entitle them for a "express checkout".
- Give a boost to economy (housing etc) as the professionals with Green Card can make investment decisions.
- Will not displace American Workers as the Green Card is awarded to professionals who are allready here and working for last 6 years or more.
- Most importantly it will retain American competitiveness by retaining the experienced professionals who will otherwise go back because of the very long wait for their Green Card approval.
I am very glad to know that you are going to introduce a bill to help retain American Tecohnology Competitiveness termed as SKIL BILL. In regards to that I would request you to kindly consider adding to this bill a provision of awarding Green Card to skilled workers who have been in this country for six years legally and continuosly? There is something similar to this in UK immigration laws and this provision will automatically reduce the plight of the "silent minority" who have to wait for years for their Green Card approval and not able to change jobs etc. For senior professionals with many years of experience this is a very frustrating experience and since the whole process drags on for years many of them are forced to leave this country because they cannot take long term investment decisions when the future is always so uncertain.
Having a provision of automatically awarding Green Cards to H1B visa holders who have been here for more than 6 years and have applied for a Green Card will have the following positive results: - Lower the workload for the Immigration Services and streamline the process. The fact that someone has been here for 6 years legally and paid their taxes should entitle them for a "express checkout".
- Give a boost to economy (housing etc) as the professionals with Green Card can make investment decisions.
- Will not displace American Workers as the Green Card is awarded to professionals who are allready here and working for last 6 years or more.
- Most importantly it will retain American competitiveness by retaining the experienced professionals who will otherwise go back because of the very long wait for their Green Card approval.
more...
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dish
07-05 05:56 PM
com 'on. H4 process is known as Dependent Visa. Let H4 prove the Credentials and Get H1 ..........
Yeah , For sure we all knew H4 is a dependant visa.
So we are denied work permit but we are not denied the freedom to ask or even lobby for changes in the Law.
But we didn't know that we are going to go through a painful process called Labor Certification which in our case is pending for more than 1675
days........
If all went well an H4 Spouse, who decides to get married to an H1B, would have faced an average of three year break in her career before she recieves her EAD. Now due to the huge backlog in Labor cert and the next awaiting Retrogression We are facing huge gaps of 7 to 10 yrs, which is almost unrecoverable, So IV Core pls understand and consider our issues as Real.
And getiing an H1 in fields other than Software is tough, but that does not mean that the person is incapable. An electrical engineer who had worked for 4 years previously in india in a well reputed firm was unable to get an H1b.
A Request to moderator : Please moderate posts which contain deregatory comments and words towards H4 Spouses.
Thanks
Yeah , For sure we all knew H4 is a dependant visa.
So we are denied work permit but we are not denied the freedom to ask or even lobby for changes in the Law.
But we didn't know that we are going to go through a painful process called Labor Certification which in our case is pending for more than 1675
days........
If all went well an H4 Spouse, who decides to get married to an H1B, would have faced an average of three year break in her career before she recieves her EAD. Now due to the huge backlog in Labor cert and the next awaiting Retrogression We are facing huge gaps of 7 to 10 yrs, which is almost unrecoverable, So IV Core pls understand and consider our issues as Real.
And getiing an H1 in fields other than Software is tough, but that does not mean that the person is incapable. An electrical engineer who had worked for 4 years previously in india in a well reputed firm was unable to get an H1b.
A Request to moderator : Please moderate posts which contain deregatory comments and words towards H4 Spouses.
Thanks
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akred
05-01 12:49 PM
$100 via billpay / check.
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snathan
03-21 04:07 PM
Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.
ak27
02-26 10:12 AM
You should make an appointment with info pass and carry all needed documents with you. They should be able to help. It is not perfect solution but it works. My wife had applied her AP which did not show up even after three months, in mean time we have had an emergency. I made an appointment with info pass, it was approved within a day. It is worth a try.
axp817
12-09 09:33 PM
I recently switched employers using AC21 and am using my EAD to work for the new employer.
I used to be on the H-1B visa when I was working for the old employer, they had applied for renewal just before I left, and it got approved right around that time. Now that I don't work for them anymore, they are having the H-1B revoked. Of course, they were kind/professional enough to intimate me of this before doing so.
I am wondering if this could have any adverse effect on my 485, or if it could provoke an RFE? Any thoughts/stories would be appreciated.
Thanks,
I used to be on the H-1B visa when I was working for the old employer, they had applied for renewal just before I left, and it got approved right around that time. Now that I don't work for them anymore, they are having the H-1B revoked. Of course, they were kind/professional enough to intimate me of this before doing so.
I am wondering if this could have any adverse effect on my 485, or if it could provoke an RFE? Any thoughts/stories would be appreciated.
Thanks,
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