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  • unitednations
    07-08 10:41 AM
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

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  • unitednations
    03-24 04:30 PM
    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.

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  • mbartosik
    04-09 12:38 AM
    There are a few banks with names like "first immigrant bank" around NY.
    If they turned you down, you could say, hey, just remind me what the name of the bank is?

    Of course H1B, L1, J1 are non-immigrant visas (with dual intent) to be more precise. But you get the joke.

    You might consider using a mortgage broker.
    They get commission on the loan so they will work harder to find something. Only be careful they don't stick you with something with crap terms. Also if you give a deposit make it not only contingent on mortgage, but contingent on mortgage at no more than X% APR and Y mortgage terms, that way if the mortgage company changes the deal at closing (bait and switch - dirty practice - more likely to occur with a broker) then you can just get your deposit back and walk away. In this market, a small deposit (if any) should be acceptable.

    Also if the realtor selling the property is a licensed mortgage broker, after you have agreed a price, you could use them to get your mortgage. There is an obvious conflict of interest and you are trying to work it to your advantage. If they cannot find you a mortgage with terms that you like they lose on both sides of the deal! That's what I did, and I'm very happy with the mortgage deal I got.

    Also do research on mortgage terms. Understand what is ARM, LIBOR, t-note, types of fees and penalties, you are high skilled -- do your research so you know as much as the mortgage broker on technical terms. If you understand the terms and they know that you know, then you will be taken more seriously.

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  • 2008FebEb2
    08-05 01:35 PM
    I a EB2-I with PD 2008 Feb.

    I think everybody has the right to port to a different category if they qualify for it.

    I feel for Eb3 guys who have been waiting in the queue for ever now.

    The Original thread starter is a sh*t stirrer who knows nothing. :mad:

    Good luck to everyone. :p


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  • pmb76
    01-10 03:12 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

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  • riva2005
    04-08 11:43 PM
    Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.

    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.


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  • GoneSouth
    04-07 06:45 PM
    I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.

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  • gjoe
    07-14 07:00 PM
    If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
    You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.

    My 2paisa here, Good Luck


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  • funny
    09-30 02:38 PM
    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.

    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

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  • thomachan72
    03-23 01:31 PM
    You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.

    Google 'identity theft' and you will be surprised.

    Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.

    You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.

    Basically never give any information on the phone.

    Easier said than done :-) Well a lot of us are waiting anxiously for some activity on the USCIS side regarding our petitions and suddenly you get a call!!! Wow, I am sure a lot of us would panic and give out exactly what they want. Now whether immigration officials are permitted to make calls? who knows? But honestly we are in a screw either way. What is the official is genuinely trying to help and we start asking him.. Give me your number and let me call back. what if he/she is ofended (most often that can happen). On the other hand if as you said, if it happens to be a ID theif/crook, if you give him all that he wants :-(
    Why dont we prepare ourselves for such events:---
    when you get a call from Immigration---
    1) Dont loose your cool 2) be very polite and ask politely "Sir / madam, may I obtain a phone number that I can call back and I will do that immediately or at your convenience. I have waited long and would provide you with all the details that you require on calling back.
    Any "English" experts, please contribute to better way of answering the "Unexpected" phone calls from immigration dept. We should be prepared to not loose their initiative (that little angel that rests deep within any persons heart).


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  • perm2gc
    08-11 11:54 AM
    The following month, Dobbs featured ITT Industries, an engineering and manufacturing firm. One of the things he liked about ITT, he told readers, was that CEO Louis Giuliano "puts such a high premium on his employees, and their involvement in 'value creation.' A lot of CEOs view employees simply as fat to be cut in service to the bottom line or in pursuit of a better stock price. Louis is one CEO who knows better than that..." Is ITT on Dobbs' list of companies moving jobs overseas? By now, you know the answer.

    And in February of this year, Dobbs focused on energy company Pinnacle West. After touting the company's "rapid growth," he told readers, "The second reason I like Pinnacle West is its model corporate governance." He went on to ask CEO William Post: "Last year, the Greater Phoenix Economic Council awarded you the Outstanding Regional Contribution award, recognizing a lasting contribution to regional economic development efforts. How important is it to you, as a corporate leader, to contribute to your region's economic development?"

    Pinnacle West -- like Toro, Greenpoint, Boeing, Bank One, Washington Mutual, ITT Industries and Office Depot -- appears on Dobbs' list of companies that are "exporting America."

    Dobbs is careful in his televised comments for CNN not to attack individual companies directly by name, and he's never called for viewers to boycott companies that outsource. But by posting their names on a website titled "Exporting America," and by making on-air declarations like, "U.S. multi-nationals are shipping jobs for only one reason...cheaper labor costs," Dobbs leave little doubt about how he wants his attitude toward the companies to be perceived by viewers.

    Dobbs says the website was set up merely to fill a vacuum. In an email to Campaign Desk, he wrote: "We began compiling our list of companies outsourcing jobs overseas because the information was not available anywhere, and we wanted to know how widespread the practice is, and report it to our viewers. The Labor and Commerce departments, the Business Roundtable, and the U.S. Chamber of Commerce have never kept records of jobs lost to outsourcing. Our list of corporations now exceeds 800, and grows daily."

    And he sees no contradiction in fingering outsourcers with one hand, while recommending the same companies as investment opportunities with the other: "[Y]ou seem to be suggesting that one cannot criticize corporate America without calling for its destruction," he told us. "Or because one believes a company to be well-managed that's its beyond criticism...Surely, you don't believe that your readers or my viewers are incapable of abhorring a business practice, and at the same time acknowledging the success of a corporation?" He makes a distinction, he said, between bad practices and those who practice them.

    But Dobbs' newsletter doesn't just "acknowledge" successful corporation. He goes further, painting his featured companies as good corporate citizens -- and encourages readers to invest in them partly on that basis -- without mentioning that they conduct business practices that, by his own admission, he "detests."

    Most of Dobbs's CNN viewers don't have access to the information in "Money Letter," his investment guide. So the larger public sees only one Lou Dobbs: the outspoken anti-outsourcing crusader. The other Lou Dobbs is available only for that $398 fee. And that's the Lou Dobbs who doesn't appear to be putting his money where his mouth is.

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  • alterego
    04-07 06:24 PM
    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.

    Last time I looked Sen. Durbin was not anti immigrant nor was he Republican. He is a co-sponsor of this bill isn't he?

    The fact is there is abuse of the H1b program currently and it is need of modification before even fair minded people agree on an expansion (Which also I feel is needed).

    In the end we are likely to see both these things happen together, whenever it does happen, ie a fix to the program as well as an expansion of it.


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  • IL_Guy
    06-08 11:42 AM
    [QUOTE. Life would be boring playing safe.[/QUOTE]

    Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.

    My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.


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  • jkays94
    04-18 07:24 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Last week Lou (who is a Harvard Economics graduate) said he was sending one of his poll results to the WH. Very unfortunate for a non-scientific poll. The other thing is that often a lot of people in decision making capacity ie some congressmen and senators watch Lou Dobbs and are often misled which is why it is key that groups like IV tell the true side of the story. Right now Lou has an anti-H1-B agenda and has been trying to lump H1-Bs as a bad thing for America.


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  • sledge_hammer
    12-24 12:00 PM
    You, being an Indian by nationality, hate India so much and I can only imagine what a Pakistani terrorist would think! You were born in India, got your education from there, have friends and family there, but still, in a heart beat, side with the terrorists that kill innocent Indians.

    I've heard this numerous times and I now know it for a fact - Muslims love their religion more than the country. It is, now even more clear, who MOST Indian muslims will side with in case of a dispute between India and Pakistan.

    How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...

    wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
    or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
    ...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

    ... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

    ... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!

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  • unitednations
    07-08 04:30 PM

    r u the same from !! people r looking out for u in this immigration greencard darkness..

    Yes, that is the same person. I felt discouraged and decided to not actively post; unless there is some real interesting issue.

    I consider this a real interesting issue.


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  • sc3
    07-14 10:35 AM
    There is a lot of FUD being spread around this thread. Let me try to dispel one.

    1: Reverting rollover will only benefit EB3-ROW.

    WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.

    People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.

    People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.

    People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.

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  • gimme_GC2006
    03-23 11:48 PM
    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want. looks scary..
    hey but I have decided not hire an attorney..just dont want to waste another grand on GC anymore.

    I will send whatever I can just tell them that I dont have contracts with client 'coz I am not expected to have them since its between employer and client.

    And will see how it goes..hopefully officer will understand it.

    But thanks to all of you..I will post here if anything useful happens or this might just end up as we need your latest finger prints. :cool:

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  • jgh_res
    06-20 09:39 AM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.

    In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold � up nearly 5 percent from the same month a year ago.

    I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".

    04-12 04:40 PM
    Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.

    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

    05-27 06:06 PM
    In December, KPMG was retained by China Integrated Energy, which claimed to be a leader in the production of biodiesel. Just hiring a Big Four auditor enabled it to raise $24 million from institutional investors in the United States. Three months later, KPMG certified the financials.

    Six weeks after that, KPMG repudiated the report and resigned. By then, China Integrated Energy executives had refused to cooperate with a board investigation into claims that the company was a complete fraud.

    The Chinese audit firms, while they are affiliated with major international audit networks, have never been inspected by the Public Company Accounting Oversight Board in the United States. The Sarbanes-Oxley Act requires those inspections for accounting firms that audit companies whose securities trade in the United States, but China has refused to allow inspections.

    In a speech at a Baruch College conference earlier this month, James R. Doty, chairman of the accounting oversight board, called on the major firms to �improve preventative global quality controls,� but said that actual inspections were needed.

    Two weeks ago, Chinese and American officials meeting in Washington said they would try to reach agreement �on the oversight of accounting firms providing audit services for public companies in the two countries, so as to enhance mutual trust.�

    Frauds and audit failures can, and do, happen in many countries, including in the United States. But the audacity of these frauds, as well as the efforts to intimidate auditors, stand out. If investors such as Goldman Sachs and Hank Greenberg cannot fend for themselves, something more needs to be done if Chinese companies are to continue to trade in American markets.

    Corporate China's political shadows ( By Isabel Hilton | Guardian
    The Truth about the Three Gorges Dam ( By Elizabeth C. Economy | Council on Foreign Relations
    AIDS Funds Frozen for China in Grant Dispute ( By SHARON LaFRANIERE | New York Times
    Kicking the Great Firewall ( By Mu Chunshan | The Diplomat

    China opens doors to despots with series of pariah state visits ( By Clifford Coonan | Independent
    Ai Weiwei's Zodiac heads
    It's political (
    The Economist
    China�s jasmine crackdown and the legal system ( By Donald C. Clarke | George Washington University Law School

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