ashwin_27
04-20 11:56 PM
those who were at the advocacy day saw the amount of behind the scenes efforts IV core and coalition partners are putting in. We are lucky to have folks who have a deep understanding of the politics in DC as well as public policy. So I am sure that from a lobbying and advocacy viewpoint with lawmakers in DC...the best is being done.
It is up to our members to meet with local lawmaker offices and push our/IV provisions so that the DC offices get pushed from the local offices as well and there is a more well rounded awareness/understanding of what we need.
It is not a question of whether lawmakers know what we need..it is a question of making enough noise and frequent noise so that our provisions are constantly on their mind.
Reading the article that a member posted a link for the other day...where there was mention of how thousands of FAIR and NumbersUSA members clogged DC lawmaker office phone lines against CIR when it was brought up in 2007, shows the reality of the situation and on the other hand how naive our EB community is.
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
It is up to our members to meet with local lawmaker offices and push our/IV provisions so that the DC offices get pushed from the local offices as well and there is a more well rounded awareness/understanding of what we need.
It is not a question of whether lawmakers know what we need..it is a question of making enough noise and frequent noise so that our provisions are constantly on their mind.
Reading the article that a member posted a link for the other day...where there was mention of how thousands of FAIR and NumbersUSA members clogged DC lawmaker office phone lines against CIR when it was brought up in 2007, shows the reality of the situation and on the other hand how naive our EB community is.
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
wallpaper Image by Sharam Sharif. Dubai
Caliber
04-02 02:40 PM
...$100. Good Luck for everything and keep the Faith! :)
Thank you so much mantagon. A ray of hope in between such stupid posts.
God bless you.
Thank you so much mantagon. A ray of hope in between such stupid posts.
God bless you.
akv123
07-14 07:22 AM
Should IV be worried for credit on 'Gandhigiri'? Stop fighting with other groups -- stay focused on the main issue - July VB reversal.
2011 O-14 GREEN DUBAI TOWER
dixie
07-22 01:22 PM
You will never be as good!!!
Life is different, if you are not a tourist. Try working with them day in day out. And I m talking about Toronto.
Experiences of friends says - blue collar, jobs that Canadian do not want to do you, you are more than welcome.
But dont ever try to get a White collar job... And if you want to - work as Software engineer - and forget of any career development....
Again -
http://www.notcanada.com
http://www.canadaimmigrants.com
My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development opps are limited due to economic reasons, but there is no way toronto or vancouver is any more racist than atlanta or miami. Who said there is no discrimination against white collar workers in the US as well .. if not how do you explain so many people supporting illegal aliens, but nobody breathing a word about us ? Lets face it , the corporates here need us but many native born white collar workers actively hate us. Thats how you have so much opposition to H1-B and EB visas from the likes of programmer's guild and other labor unions.
Life is different, if you are not a tourist. Try working with them day in day out. And I m talking about Toronto.
Experiences of friends says - blue collar, jobs that Canadian do not want to do you, you are more than welcome.
But dont ever try to get a White collar job... And if you want to - work as Software engineer - and forget of any career development....
Again -
http://www.notcanada.com
http://www.canadaimmigrants.com
My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development opps are limited due to economic reasons, but there is no way toronto or vancouver is any more racist than atlanta or miami. Who said there is no discrimination against white collar workers in the US as well .. if not how do you explain so many people supporting illegal aliens, but nobody breathing a word about us ? Lets face it , the corporates here need us but many native born white collar workers actively hate us. Thats how you have so much opposition to H1-B and EB visas from the likes of programmer's guild and other labor unions.
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GCOP
03-21 01:46 PM
I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
Can you please clarify, what details did you fill in following columns of I-94.
1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)
2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)
My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ?
I will appreciate your Input for the above questions. Thanks
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
Can you please clarify, what details did you fill in following columns of I-94.
1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)
2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)
My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ?
I will appreciate your Input for the above questions. Thanks
gcisadawg
02-23 02:56 PM
And who is complaining about all of this?
It is gcisaDAWG :D
That is a good one! :D
But read my post right after that!
It is gcisaDAWG :D
That is a good one! :D
But read my post right after that!
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superdoc
09-20 10:11 PM
In my opinion if you choose to use EAD, I think you will be very much fine with this route but with H1 transfer it will be tricky. You may have to go through 2 H1 transfer to come up clean legally. First H1 transfer to new employer and second H1 transfer to old employer again As you did not work for old employer for one yerar and hence no pay stubs and hence technically H1 dies there and so if old employer is willing "to hire again after one year" your old employer should file new h1 transfer and then you can come clean.
And during all this juggling make 2 things sure.
- You do not get promotion
- You do not get more than reasonable (10-20%) increment in the salary (The slary which was mentioned in your labor application)
Again before juggling consult the lawyer first.
I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.
If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue
And during all this juggling make 2 things sure.
- You do not get promotion
- You do not get more than reasonable (10-20%) increment in the salary (The slary which was mentioned in your labor application)
Again before juggling consult the lawyer first.
I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.
If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue
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sdrblr
08-27 11:30 AM
I say my chance is 88.25% of getting approved :). Don't ask me how I got this number. All that I know is optimism is free
I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....
But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.
I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.
SoP
I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....
But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.
I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.
SoP
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Sreeshankar
04-22 10:06 AM
Why not parents have a different category... not B2. maybe P1/P2
B2 is tourist visa. Parents are not tourist.
We are here because of our good parents. Forgetting them is most disrespect we do in life.
If we don't care our parents, when we become older(parents) how will our kids will care us?.
Research are proving...if we live together as family like in olden days...many health issues will disappear...everybody will be happy, no stress.
We need to go back to older family system. Now we are proving...green is better. food is medicine. So why not staying together with parents is not good?. This lead us to have a strong long lasting life.
Very loving and affectionate humanitarian thoughts..I fully support this cause.
It is not only a moral obligation, but also the Dharma or duty to protect and serve our parents in their sage and elderly age. Gratefulness is a virtue. Shared living and togetherness improves mental health, and builds capacity and strength to face life. Also, One doesnot have to depend on alcohol, antidepressants and anti anxiety drugs for escaping stress - instead can depend on parents for comfort, emotional stability and love.
Interestingly when you say that research proves food is medicine, these days modern medicine including scientists from Top research universities and labs are turning back to Ayurveda to change the composition of Immune system and blood in body - to fight against HIV, TB and other diseases (google it up, you will find many programs including holistic approaches) - going back the time tested herbal way, that has been validated for over 5000 years.
Ofcourse, the Irony is that we cannot request for amendment of law to provide for these allowance, unless we are citizens, but I am sure if many citizens and others in other visa categories like us, could possibly request for extended stay for an year or two atleast on a temp basis for parents. May be it will get noticed if we opt to pay an Alluring Premium fee that can convert this option in to economic gains for USCIS and American firms (Insurance etc) , which can help to gain the required traction and optimum action.
thanks..and God Bless.
Sree
B2 is tourist visa. Parents are not tourist.
We are here because of our good parents. Forgetting them is most disrespect we do in life.
If we don't care our parents, when we become older(parents) how will our kids will care us?.
Research are proving...if we live together as family like in olden days...many health issues will disappear...everybody will be happy, no stress.
We need to go back to older family system. Now we are proving...green is better. food is medicine. So why not staying together with parents is not good?. This lead us to have a strong long lasting life.
Very loving and affectionate humanitarian thoughts..I fully support this cause.
It is not only a moral obligation, but also the Dharma or duty to protect and serve our parents in their sage and elderly age. Gratefulness is a virtue. Shared living and togetherness improves mental health, and builds capacity and strength to face life. Also, One doesnot have to depend on alcohol, antidepressants and anti anxiety drugs for escaping stress - instead can depend on parents for comfort, emotional stability and love.
Interestingly when you say that research proves food is medicine, these days modern medicine including scientists from Top research universities and labs are turning back to Ayurveda to change the composition of Immune system and blood in body - to fight against HIV, TB and other diseases (google it up, you will find many programs including holistic approaches) - going back the time tested herbal way, that has been validated for over 5000 years.
Ofcourse, the Irony is that we cannot request for amendment of law to provide for these allowance, unless we are citizens, but I am sure if many citizens and others in other visa categories like us, could possibly request for extended stay for an year or two atleast on a temp basis for parents. May be it will get noticed if we opt to pay an Alluring Premium fee that can convert this option in to economic gains for USCIS and American firms (Insurance etc) , which can help to gain the required traction and optimum action.
thanks..and God Bless.
Sree
hair Dubai Tower
frostrated
08-03 03:22 PM
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
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chanduv23
04-13 02:45 PM
IT and BPO outsourcing is also leading to Americanization of Indian youth and Indian youth are spending their high salaries on American products. In no time you will see American fast food chains, groceries, and many American MNCs cashing on a Americanized Indian crowd and neutralize ( and will eventually exceed the investments they make).
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
This is the beginning of Americanization. Most of you will not understand what I say because you are here in US for a long time and being first generation immigrants (on a limbo) keep up with your tradition. Americanization is like a slow bleed. IT and BPO is investment. Returns will come in form of MNCs and businesses and finally benefit American economy.
Just go back to India and look into the ITand BPO companies and lifestyles of people there. it will be 5 times higher than what we follow here as the Americanization is already induced.
Bottomline, do not underestimate America. They know what they do.
hot Tower-Dubai:Photo Feature
![dubai towers dubai. Towers, Dubai] Photograph](http://realestate.tenuae.com/developments/dubai/jumeirah_lake_towers/images/al_seef_towers.jpg "Towers, Dubai] Photograph")
eb2waiter
05-28 06:16 PM
You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
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Smarty
05-24 11:32 PM
Ya know what? I am so SICK AND TIRED of our lawmakers bowing down to those illegals, who don't contribute anything to our society. That's right, NOTHING. They steal the jobs that Americans WANT to do, and our lawmakers just bend over and lick their boots!
I married an Indian here on H1-B and it's been two years since we've filed for his greencard. Do you think we've heard anything yet? Only thing we know for sure is that we are getting shafted for following the letter of the law while Elvira (vampire) arellano is sitting up in that pile of crap called a church, with politicians like Barack Obama slobbering all over her. Where are these same politicos when we FOLLOW the law??
Yes I am plenty angry over the whole mess, but what I really wonder is why don't we (the TRUE immigrant families) do the same as the illegals and go out and PROTEST this new amnesty?? Could it be we are too busy working and contributing to society?
Either way, I think we had better get out and do some protesting of our own. After all, illegals are ALIENS, NOT IMMIGRANTS. How dare they steal our Immigrant moniker from us!
I married an Indian here on H1-B and it's been two years since we've filed for his greencard. Do you think we've heard anything yet? Only thing we know for sure is that we are getting shafted for following the letter of the law while Elvira (vampire) arellano is sitting up in that pile of crap called a church, with politicians like Barack Obama slobbering all over her. Where are these same politicos when we FOLLOW the law??
Yes I am plenty angry over the whole mess, but what I really wonder is why don't we (the TRUE immigrant families) do the same as the illegals and go out and PROTEST this new amnesty?? Could it be we are too busy working and contributing to society?
Either way, I think we had better get out and do some protesting of our own. After all, illegals are ALIENS, NOT IMMIGRANTS. How dare they steal our Immigrant moniker from us!
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floridasun
12-31 11:17 AM
I would sympathize with you if you can do the following:
1) Show me that no more than 90% of the population experience depression tendencies at some point in their life.
among EB applicants I believe it would be 99%. So are you alone? I guess not:D:D
Things you could do: Try watching talks with the Dalai Lama (available on youtube). Read books on Gandhi. Increase frequency of quiteness / meditation. Watch atleast one comedy show per day. Visit/remember the sick/disabled/poor or other less fortunate people than you.
Things you could avoid: Heavy drinking. Watching news, movies/shows which are high tension. Most important is not to fight the emotions/thoughts that you consider are destructive. Allow them to come and go. Just watch them come and go........
What you consider as "Good luck" can happen to you in the fraction of a seccond, however, it will never happen if you keep on defining yourself as unlucky. So focus on the good things you have now and refrain from comparing to "what you should be having or are worthy of having". :D:D:D:D
thomachan72.... good advice - your point taken. I follow similar techniques to stay optimistic for most part of time. but every once in a while, there comes a time when I think why do some ppl get so lucky in everything they do.... they succeed in everything they do. while there are unlucky ppl like the poor/disabled etc who are destined to live unfortunate life deprived of so many things that other ppl enjoy regularly. is this what they call 'Law of Karma' ? did I do anything bad/evil in my past births - did I destroy anyone's career or life ? I am positive I did not do anything bad/evil in this life .... atleast as of now :D
1) Show me that no more than 90% of the population experience depression tendencies at some point in their life.
among EB applicants I believe it would be 99%. So are you alone? I guess not:D:D
Things you could do: Try watching talks with the Dalai Lama (available on youtube). Read books on Gandhi. Increase frequency of quiteness / meditation. Watch atleast one comedy show per day. Visit/remember the sick/disabled/poor or other less fortunate people than you.
Things you could avoid: Heavy drinking. Watching news, movies/shows which are high tension. Most important is not to fight the emotions/thoughts that you consider are destructive. Allow them to come and go. Just watch them come and go........
What you consider as "Good luck" can happen to you in the fraction of a seccond, however, it will never happen if you keep on defining yourself as unlucky. So focus on the good things you have now and refrain from comparing to "what you should be having or are worthy of having". :D:D:D:D
thomachan72.... good advice - your point taken. I follow similar techniques to stay optimistic for most part of time. but every once in a while, there comes a time when I think why do some ppl get so lucky in everything they do.... they succeed in everything they do. while there are unlucky ppl like the poor/disabled etc who are destined to live unfortunate life deprived of so many things that other ppl enjoy regularly. is this what they call 'Law of Karma' ? did I do anything bad/evil in my past births - did I destroy anyone's career or life ? I am positive I did not do anything bad/evil in this life .... atleast as of now :D
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logiclife
02-01 02:16 PM
Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
dresses Towers, Dubai] Photograph
nlssubbu
08-22 06:49 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
First your PD has to be current for USCIS to look into your RD.
Does anyone know what the legislation is?
First your PD has to be current for USCIS to look into your RD.
more...
makeup the Dynamic Tower in Dubai
slowwin
03-23 04:35 PM
Guys shx, boreal and others,
stop this mindless ranting... and pontificating....
The OP wanted an advise, so please give one , constructively. As far as consequences for anyone's actions they will suffer from it. There will be no escape whether in this issue or in any other issue in life.
I have noticed many posts in the recent past wherein the forum discussions degrade to personal battles real quick. The persons involved feel the need to respond to an irky post by upping the ante. Stop this game of one upmanship....
peace............., all of you.
Isnt the goal of Education to make a person a better person, morally and otherwise? Is this what your education got you to? All of your Education (I am assuming you have four MS degrees, two PHd, as you have twice mine, and about 300K salary) is a total waste, if you stick up your head to support someone who does shop-lifting and have no qualms about it ( i have definitely not seen any statement to that effect from the OP, just seeking "immigration" advise). I can only think of a myriad number of reasons why you want to support this guy..maybe you yourself might have sticky hands my friend? Or maybe you are the same guy posting with two IDs and supporting your shop-lifting by such BS? I have no idea and am not interested either.
Try browsing the anti-immigrant nut websites and try answering their type-casting immigrants by the acts of few, and then you will understand what i am talking about. Till, then, probably, you can take all of your fancy-a** education, fat salary and shove it up!
stop this mindless ranting... and pontificating....
The OP wanted an advise, so please give one , constructively. As far as consequences for anyone's actions they will suffer from it. There will be no escape whether in this issue or in any other issue in life.
I have noticed many posts in the recent past wherein the forum discussions degrade to personal battles real quick. The persons involved feel the need to respond to an irky post by upping the ante. Stop this game of one upmanship....
peace............., all of you.
Isnt the goal of Education to make a person a better person, morally and otherwise? Is this what your education got you to? All of your Education (I am assuming you have four MS degrees, two PHd, as you have twice mine, and about 300K salary) is a total waste, if you stick up your head to support someone who does shop-lifting and have no qualms about it ( i have definitely not seen any statement to that effect from the OP, just seeking "immigration" advise). I can only think of a myriad number of reasons why you want to support this guy..maybe you yourself might have sticky hands my friend? Or maybe you are the same guy posting with two IDs and supporting your shop-lifting by such BS? I have no idea and am not interested either.
Try browsing the anti-immigrant nut websites and try answering their type-casting immigrants by the acts of few, and then you will understand what i am talking about. Till, then, probably, you can take all of your fancy-a** education, fat salary and shove it up!
girlfriend Sidra Tower,Dubai Media City
reddymjm
12-11 09:00 PM
Can be changed to community service.. not just roads.
hairstyles Burj Dubai. Burj Dubai Tower
mallu
06-15 07:50 PM
FBI Namecheck status (not good news) (pg. 37 of the report)
As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year.40 While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months.4
And it is only 1 year of filing I-485 ( can i take comfort that many others have been stuck 2 year, 3 year etc ). ANother reason why visa numbers got wasted is that many fellas got stuck in namecheck ( Ask many of the Indian/Chinese/Russian folks ).
I don't what crappy way they use to separate good from bad.
As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year.40 While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months.4
And it is only 1 year of filing I-485 ( can i take comfort that many others have been stuck 2 year, 3 year etc ). ANother reason why visa numbers got wasted is that many fellas got stuck in namecheck ( Ask many of the Indian/Chinese/Russian folks ).
I don't what crappy way they use to separate good from bad.
foobar2001
12-31 06:49 AM
AmitKhare77... apparently, the job title and job responsibilities have to be same as whats on labor until we get GC. otherwise no promotion.
Actually, I believe that if the promotion is a "natural progression of the job ladder", you can accept it. What you cannot do is change the job ladder completely to a different track.
Thus, say you filed labor when a software engineer, its ok to be promoted to "Senior Software Engineer. What is not ok is to change tracks to say "Product Manager" or a position as "Sales lead" etc...
Of course, i'm not a lawyer, but this is what i;ve been told by other folks and lawyers at my company.
Good luck!
Actually, I believe that if the promotion is a "natural progression of the job ladder", you can accept it. What you cannot do is change the job ladder completely to a different track.
Thus, say you filed labor when a software engineer, its ok to be promoted to "Senior Software Engineer. What is not ok is to change tracks to say "Product Manager" or a position as "Sales lead" etc...
Of course, i'm not a lawyer, but this is what i;ve been told by other folks and lawyers at my company.
Good luck!
rockstart
08-05 10:53 AM
How about this piece of Mirza Ghalib?
We are Little side track in the past while predicting the future (Sept VB) !!!
Predicting future visa bulletin's and discussing poetry are same futile exercise on immigration forum.
We are Little side track in the past while predicting the future (Sept VB) !!!
Predicting future visa bulletin's and discussing poetry are same futile exercise on immigration forum.
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