Kama Of Kingstone

Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.

Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.

I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?

Also, please post attorney's details also whenever you think its time to disclose

:cool:

Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.

As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.

Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.

qasleuth,

I understand that is the way rules are being framed in this country. For me, right to drive is a human rights issue. Unlike other countries, where public transport system is well established, in USA you can hardly move without a drivers license and a car.

Using drivers license as an Id, for me that is non-sense. Drivers license should be used for what it is meant for, driving.

US may make n number of laws. As a self respecting individual who just happens to be on a non-immigrant visa, I cannot digest the reasoning behind these laws and cannot agree to so many hurdles being put up for a basic need like a DL.

If they want an ID, let them separate it from drivers license.
I can't agree to every single law being setup by some ignorant lawmaker.

Some examples.
NC DMV had a law stating that you have to have SSN to get DL. ITIN was not acceptable. How would our non-working spouses on H4 drive when they are legally present in this country ? Is it fair ?

TX DMV has another rule that says unless you have at least one year remaining on the visa you won't be issued a license. What if somene moves to TX during last 6 months of one's visa and can't get a license while their extendion for H1 is pending with USCIS ? One should not drive in the last six months of his visa. Does it make sense ?

I have come across many such restrictions/situations which does not make sense. So my angst.

Yeah right!! buying houses is all hunky-dory when you have all cushy jobs and economy is booming. When economy slows down there will be some people who may lose their jobs with 3000$ mortgages sitting on their head!! And that builder /bank who lobbied for you GC will come knocking on your door asking for payment.
And believe there are defaulters among these highly qualified legal immigrants too!

So again, how did you solve the housing slump problem in the first place???
no body said about actually solving anything. the point is to use it as a lobbying factor. Greenspan said that the problem is around 200,000 to 300,000 houses. if they are knocked out of the inventory then there will be stablization else the bottom will fall out. now if the immigrant community was united (across national lines) and if we had one organization like IV or someone - who had leverage to talk to builders etc -something along the lines of a union - then this would have made a big difference - but of course the reality is that people get EAD and think their problems have been solved and run to buy a house - the fun part will begin if a recession actually happens

Now I am going to take up the task of calling people I know to send letters and organize a letter campaign in So.Cal. I will talk to my employer as well

My GC got approved almost a three weeks ago. I stayed with my employer through the whole GC process till now. Now I want to move on with better job/salary.
My attorney suggested to stay with the company for atleast 6 months as it may cause issues during the citizenship application. He also mentioned, employer has the right to revoke the approved green card.

Is it really true, employer can revoke the green cards, just merely for switching jobs.
I have my doubts that they can. Did anyone else heard anything similar.
I tried looking at the web but could not find any written law by USCIS on this.

mine reached at 7:55 am ...still no receipt :(
mine reached at 9.01 am, no receipt as yet. :(
Should i expect the Receipt Notice today???

god_bless_you

I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?

Thanks

OK Done !! sent two faxes!!

There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
Just a thought..
Especially IIT/IISc are not too bad schools in india!

nobody is comparing the schools over here with IIT/IISC.
There is a quota for masters in H1B.
There should be a similar quota in GC for masters.

actually I realized the difference bet LC ads and EEOC laws:
Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.

What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?

When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.

I guess my question stems from the comment above. Say if I do not get my GC and I wish to go back after 10 yrs is it possible to get my SS money back even if I am on H1 status?

Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.



I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...

Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.

Can you please let me know if you applied for AP online and what supporting documents you had mailed.

Applied for EAD on Aug 30th, Receipt notice was on Sep 3rd and Got email yesterday saying card production ordered. Nebraska Service center.

Now waiting for AP to be approved. Applied on Aug 30th. Receipt notice on 3rd Sep, LUD on 10th Sep.. Texas service center. Thinking it should not be long.

When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).

What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.

Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -

1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.

Negative point of this route is - you need to make a trip to your home country on a short notice.

Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.

Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

i have just once concern (well more of clarification than a concern):

- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

i may have few terminologies wrong so apologize for that.

will appreciate a response.

Thanks

As per data - EB3 is dead horse for rest of the FY
:mad:

http://www..com/member/anshu2007/

Guys,

This is really a great news for all of us. I have one question to some of experts on this forum.

I had my H1 which expired in last month. As a result I converted my status to H4.

With this new relief rule,

Can I just change my status from H4 to H1 thru same employer or I will have to apply for new H1 on Apr 1, 2007 and my work starting date will be Oct 1, 2007?

Thanks,

gc_in_30_yrs

Your ideas are like this !!!!!!!!!!!!!!!!

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vGayalu - thanks for letting us know your ideas in the latest fashion.

these are my thoughts not ideas.

I welcome and encourage everyone to share their thoughts / opinions. I learned some good points from these posts today.:)

Just sent fax # 10 and 11.

--Jay.

Thanks Pappu and IV for doing this. Maybe this should come with a big disclaimer that this is just a prediction and nobody can predict how USCIS\DOS behaves on a day to day basis, therfore dont put any weight or hopes on this projection, otherwise this will turn into the infamous prediction from VDLRAO who claimed Eb2 India will be current in a year. The year has gone by and Eb2 India is not even clearing Jan 05.

Hello All,

I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.

Hi Dinesh,

I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?

Vina,

I had intended to respond to your post, but ended up with a different one. Do take a look at my post, sent a few minutes ago, about college admissions on AOS, and the related tuition issues.
Best of luck