H1bslave
06-24 01:26 PM
surprising there is no update at all for us so far:confused:
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Meenal
06-17 12:30 PM
Thanks Snathan!
krishnam70
04-14 11:59 AM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
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sidm
04-10 12:38 AM
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....
All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....
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amsgc
08-05 09:30 PM
Can you start a poll for EB2-I the years - 02, 03, 04, 05, 06, 07 in this thread?
It's been a long time since we had an estimate of how many cases are really out there waiting for approval.
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
It's been a long time since we had an estimate of how many cases are really out there waiting for approval.
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
ilikekilo
01-09 12:49 PM
BUt keep in mind that when you enroll in a GROUP insurance which is typically your new insruance with you new company..most of the companies DONT have any restrictions on the pre existing condnitions, per my experience.
however if you buy a individual pocliy they will unload on you a TON of restrictions...no wonder why we see many old people working in Walmart and other places just for insurance..God save us when we get old :)
however if you buy a individual pocliy they will unload on you a TON of restrictions...no wonder why we see many old people working in Walmart and other places just for insurance..God save us when we get old :)
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snathan
06-18 07:19 PM
Can we have a letter / online fax campaign atleast...
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
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shantanup
11-19 05:51 PM
You are absolutely right that
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
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gc28262
03-11 11:52 PM
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
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number30
04-16 02:31 PM
Hi aroranuj,
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
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jjjun
12-12 01:25 PM
They just do not want to us have a good Christmas time.
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CADude
07-17 12:24 PM
You has incorrect infomation. Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
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katewill
01-31 10:46 AM
Where is this from? $905 for I-485?
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
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ramus
06-20 07:44 AM
Great.... Thanks.
Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D
Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D
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kondur_007
06-10 04:22 PM
Also Mr O said out look for Eb2 india is grim and could have delay for decades .. where Eb3 india can be set to Oct 2001 in oct 2009. His whole prediction is based on current demand from USCIS.
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
Agree with that as well...that may impact PD determination (and it MAY), but the fact is:
EB2 and EB3 India people with PD after 2005 (just an arbitary year) will not get GC unless there is spill over....it will be 20 yrs without spill over....
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
Agree with that as well...that may impact PD determination (and it MAY), but the fact is:
EB2 and EB3 India people with PD after 2005 (just an arbitary year) will not get GC unless there is spill over....it will be 20 yrs without spill over....
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sreeni.k
01-13 10:52 AM
I tried to book tickets on makemytrip for luftansa yesterday; After going through all passport details etc- for over 2 hours checking etc the agent coolly told me that transit visa is required for advance parole holders. If you carefully see the regulations they mention "2 Years" permit not "1 year" validity of Advance parole. I also heard stories of multiple people blocked from boarding luftansa on advance parole. So i switched and booked on emirates instead. Apparently this rule is either enforced or not depends on the discretion of luftansa personel. So be carefull if you are on advance parole- Looks like germans also trying to get on the Visa Fee pie.
No transit visa required. I got an identical response when I checked with the german consulate in november. Nevertheless, I did not take transit visa, and with visa stamping expired in March 2010, I travelled with AP on Lufthansa from IAD to BLR in December, and returned in Jan 2011, and nobody even mentioned the word "transit" anywhere along the route. Lufthansa staff is very knowledgeable about AP, both in Wash.Dulles and BLR. In fact, In BLR I saw that even Air France also does not require transit visa for Paris and allowed people with AP to board without transit visa. So folks, dont waste time and money on transit visa. Nothing is going to happen , unless you miss your connecting flight in Frankfurt, in which case you will not get to stay in a hotel and would have to spend the transit time in the airport.
No transit visa required. I got an identical response when I checked with the german consulate in november. Nevertheless, I did not take transit visa, and with visa stamping expired in March 2010, I travelled with AP on Lufthansa from IAD to BLR in December, and returned in Jan 2011, and nobody even mentioned the word "transit" anywhere along the route. Lufthansa staff is very knowledgeable about AP, both in Wash.Dulles and BLR. In fact, In BLR I saw that even Air France also does not require transit visa for Paris and allowed people with AP to board without transit visa. So folks, dont waste time and money on transit visa. Nothing is going to happen , unless you miss your connecting flight in Frankfurt, in which case you will not get to stay in a hotel and would have to spend the transit time in the airport.
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satdal
11-26 09:13 PM
Our receipt date is 9/10. No FP notices yet. Got EADs and APs well in time.
I opened SR for myself on 10/11 and my wife on 10/16. Exactly after 45 days, today I got 2 letters from them. There is no logic in what I see in them. Here are they:
Response to my SR: Our review indicates that this case is actually within our processing time. We regret any misunderstanding.If you don't recv a decision or notice of other action within our current processing time, check our website or call cust service. All returned documents will be re-mailed.
xmo217.
Response to spouse's SR: The status of the service request is :
Biometrics must be taken at the ASC in your area. When an appt. becomes available you will be notified by mail when and where to report. Please allow 4 months to receive your appt for biometrics.
Finally the real twist ..... We had an infopass appt at Dallas center last week.The IO asked me the purpose of the visit and I had informed her about our cases. She looked at our cases and said that our files are not yet opened. I was confused and upon my request to explain in detail, she said our files were not assigned to anyone and are with TSC. She suggested me to call USCIS Natioanl Cust serv and ask them to send a request for the files to be opened. I have never come across/read such a scenario. I got further confused and was wondering how come we got EADs and APs when our files were not "opened". There was no clearcut answer for that. She advised me to call them and quote that we visited Infopass and they advised us to call USCIS asking our files to be opened. I am not sure if this works or not.
But the greatest relief came at the end of the appt ....both of us got cleared in the background check. I am assuming that background check and name check are one and the same. Friends,Correct me if I am wrong.She said as of Oct 18th, we were cleared.
Looking at all these things, I am not sure how the process is taking place !
I haven't called USCIS yet as I thought that I would wait till 45 days are over since I opened SRs for FPs. Now it's over and I just got the responses for the SRs today.
SATISH.
I opened SR for myself on 10/11 and my wife on 10/16. Exactly after 45 days, today I got 2 letters from them. There is no logic in what I see in them. Here are they:
Response to my SR: Our review indicates that this case is actually within our processing time. We regret any misunderstanding.If you don't recv a decision or notice of other action within our current processing time, check our website or call cust service. All returned documents will be re-mailed.
xmo217.
Response to spouse's SR: The status of the service request is :
Biometrics must be taken at the ASC in your area. When an appt. becomes available you will be notified by mail when and where to report. Please allow 4 months to receive your appt for biometrics.
Finally the real twist ..... We had an infopass appt at Dallas center last week.The IO asked me the purpose of the visit and I had informed her about our cases. She looked at our cases and said that our files are not yet opened. I was confused and upon my request to explain in detail, she said our files were not assigned to anyone and are with TSC. She suggested me to call USCIS Natioanl Cust serv and ask them to send a request for the files to be opened. I have never come across/read such a scenario. I got further confused and was wondering how come we got EADs and APs when our files were not "opened". There was no clearcut answer for that. She advised me to call them and quote that we visited Infopass and they advised us to call USCIS asking our files to be opened. I am not sure if this works or not.
But the greatest relief came at the end of the appt ....both of us got cleared in the background check. I am assuming that background check and name check are one and the same. Friends,Correct me if I am wrong.She said as of Oct 18th, we were cleared.
Looking at all these things, I am not sure how the process is taking place !
I haven't called USCIS yet as I thought that I would wait till 45 days are over since I opened SRs for FPs. Now it's over and I just got the responses for the SRs today.
SATISH.
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spindoctor
07-19 07:42 PM
this is a good response, seconding it.
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
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Gravitation
04-16 08:39 AM
I was at one of my congresswoman's office yesterday. She gave us lots of advice on how to promote our message.
Post that advice here.
Post that advice here.
senthil
04-13 03:26 PM
go out n enjoy the week end
maddipati1
01-04 05:27 PM
Option 1: Convert to Mormon belief
Option 2: One on H4 and the other via Mex
Option 3: Move back
im sorry for the women. in what situtation the women would accept this arrangement. damn trinagle marriage movie flicks.
Option 2: One on H4 and the other via Mex
Option 3: Move back
im sorry for the women. in what situtation the women would accept this arrangement. damn trinagle marriage movie flicks.
