General Immigration Discussion

[gcseeker]

qblogfan

You hit the nail on the head and definetly your perspective of having lived there helps.I too agree this trend will only increase with time and it is an natural outgrowth of wealth being spread.

I agree. I know the US agencies are promoting this EB5 program in China. Many rich people moved here for the less crowded environment. It is very crowded in China especially in big cities. Usually it's difficult to find a seat in McDonalds and the speed on local roads with serious traffic jam is less than 20MPH in Beijing. The parking facilities are also very limited. A tiny 1000 sqft apartment in Beijing can cost 300k USD. I heard many rich people really want to drive on the American highway and buy fancy houses in USA, which is much nicer. Because they are rich, so they can spend 6 months in US and 6 months back home, really enjoy themselves. Small guys like myself have to keep working and enjoy one month vacation under employer's mercy.

10102007

Fav song of mine from Baba ( actually love the movie as well since it dared to potray an metaphysical subject in a commercial venture...) .Actually gonna listen to it since you reminded me .

Wishing good luck to everybody.

'thalaivar' (leader/ head/ chief) Rajni takes it one step further. He says everything is maaya and 'chaya' (shadow). Nothing is real. Geez..it's scary.

I think we should start telling people that only the flight ticket is in your control. Everything else - visa, H1 stability, GC etc. - is bonus or maaya.

[Spectator]

Got it, any idea if we have stats that break up EB5 Approval numbers on Country basis! Also I grew up with the notion that Europe is also a western society, also heard its more beautiful. never got a chance to travel there.. and hoping to do so after getting greened.

srimurthy,

Figures here http://www.qesehmk.org/forums/showth...-Statistics%29 will give you an idea.

If you want the full breakdown go here http://www.travel.state.gov/visa/sta...tics_5240.html You will find the breakdown in Table V, Part 3 e.g for FY2010 http://www.travel.state.gov/pdf/FY10...eV-PartIII.pdf

Generally China and ROW consume virtually all the visas issued.

[needid]

I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

[gcseeker]

needid

You shared your opinion honestly and I am going to respect it and share mine plainly as well. This is an topic that will invite much heated responses and I do not wish to prolong this much further at a time when many are waiting for the VB.

I will simply put it this way. What is the difference between this and corruption in India. So everybody willing to take an bribe and willing to give an bribe is sleeping happily and getting something they did not deserve.Everybody else worrying for years to get an job, pay his dues , pay their taxes and wait in line patiently is an fool who could not do the research to find those loopholes and deserves that fate.

I will never in my life agree with such an logic.I am happy to be an fool and not trample on other's live's blatantly in search of my own selfish happiness.

Again I do not wish to prolong this topic ,just am tired of this logic of defending people who exploit shortcuts as some entrepreneur's trekking to the north pole.It takes guts to stick to the rules.Any damn coward can bribe his way out of the system.It is not an question of being happy for those people jumping lines...imagine if everybody did that ...then you will have pretty much the law of the jungle ruling societies.

Where does one draw the line.

I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

[srimurthy]

Thanks Spec, the numbers make sense and support the thoughts. Also the more time I spend here I am able to understand those numbers better. After I created a profile here, I took my own time, infact still taking my own time to understand each and every fact that is laid out there. Since I have a lot of time with PD in 2010, I hope to digest every number crunching the fab 5 are doign all the time ;-)
I am in no hurry as I know this is the path I took and will focus more on maintaining the status and job than worrying why some category is getting more or less visas. Meanwhile keep contributing to any votes, donations on the senators part where they can push some bill that will ease the wait times for EB2 and EB3.

srimurthy,

Figures here http://www.qesehmk.org/forums/showth...-Statistics%29 will give you an idea.

If you want the full breakdown go here http://www.travel.state.gov/visa/sta...tics_5240.html You will find the breakdown in Table V, Part 3 e.g for FY2010 http://www.travel.state.gov/pdf/FY10...eV-PartIII.pdf

Generally China and ROW consume virtually all the visas issued.

[immitime]

I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

Taking shortcuts may give one immediate happiness or pleasure but how about USCIS finds the loop hole and revoking the GC or Citizenship of those who got the green card /citizenship in this easy loop hole way. that is more scary than waiting in line.

Hope the everybody gets what they want and there is absolute PEACE!

[soggadu]

I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

Needid, you shouldnt be happy for people who get GC fast ( they will have some other reason to postpone things ), you should be happy for people who dont procrastinate important things in life until GC in hand... I know lot of people might not agree with me ( i was one of them till recently ), but it is very easy to not mix the way of life and GC... have seen it to believe it...

Going in shortcuts is not considered taking risk morally, please understand not everyone is afraid of risks but want to live with ethics... i know a lot of my friends who dont want to cheat on resume, not because they cant support it, just because they dont want to do it...DOT...

The grass is greener on the other side always dear... i would say dont worry about ROW getting GC's soon... if you are in for a long wait, these feelings will only multiply the frustration... if a little boy in somalia questions why he was not born in a rich family in india, there is no answer... its the karma, if you want to believe in one... move on brother...

i dont write/lecture in this way normally, but now a days i am seeing lot of frustration in people for things which are not in their control... chill out people.... life is more beautiful than this...

[Kanmani]

but it is very easy to not mix the way of life and GC...

No It is not that easy ......particulary if the applicant has a lot of commitments backhome .

[soggadu]

understand offshore responsibilities make life little harder but once you accept certain things, it will at least not turn into frustration which i was trying to point out and also, getting a GC can only get you in and out of country (which even H1 or ead can also achieve it for you ) freely and nothing else...ask your GC friends... my main response was to the Needid's idea... PM me for more discussions :-) ...

[qblogfan]

The problem is it's not easy for everybody to travel with H1B.

Firstly, for Chinese nationals, the H1B visa is only valid for 3 months and we have to get stamped almost every time. In Beijing we have to make appointments one month earlier. For the workers in the senstive fields, the US embassy will check background for 1-6 months. I have been checked last time and I almost missed my flight. Many friends had to change their tickets. One guy got checked for 6 months and he lost his job of course. It's a lot of hassle to travel back without a GC. If I get a GC, I can take short trips like 2 or 3 weeks and visit my family more often. But now I can't take these short trips, every time I have to take 1 month or more.

Secondly, We are all under the employer's mercy without GC. Sometimes we really want to change our jobs immediately, but we can't do that without GC. We have to keep our head down and pretend we are happy. If we have a GC, we can stand up in front of the employers. I think many of us have been mistreated by the employers, but we can't fight back because we are under their mercy. Every time we back up and don't have the courage to fight for what we deserve.

These are the two reasons why a GC can make a huge difference.

understand offshore responsibilities make life little harder but once you accept certain things, it will at least not turn into frustration which i was trying to point out and also, getting a GC can only get you in and out of country (which even H1 or ead can also achieve it for you ) freely and nothing else...ask your GC friends... my main response was to the Needid's idea... PM me for more discussions :-) ...

[soggadu]

The problem is it's not easy for everybody to travel with H1B.

Firstly, for Chinese nationals, the H1B visa is only valid for 3 months and we have to get stamped almost every time. In Beijing we have to make appointments one month earlier. For the workers in the senstive fields, the US embassy will check background for 1-6 months. I have been checked last time and I almost missed my flight. Many friends had to change their tickets. One guy got checked for 6 months and he lost his job of course. It's a lot of hassle to travel back without a GC. If I get a GC, I can take short trips like 2 or 3 weeks and visit my family more often. But now I can't take these short trips, every time I have to take 1 month or more.

Secondly, We are all under the employer's mercy without GC. Sometimes we really want to change our jobs immediately, but we can't do that without GC. We have to keep our head down and pretend we are happy. If we have a GC, we can stand up in front of the employers. I think many of us have been mistreated by the employers, but we can't fight back because we are under their mercy. Every time we back up and don't have the courage to fight for what we deserve.

These are the two reasons why a GC can make a huge difference.

i understand all the reasons my friend, my argument was not to procrastinate things in life because of GC as specified by the original poster... your response is how having a GC can help us better...

[SmileBaba]

If you are getting a good opportunity then talk to your current employer and tell him that you will be interested in filing the 485 with them. If your employer agrees, then transfer H1, and while working with the new employer you can file 485 with your old employer
(when your PD gets current).

Now if your 485 gets approved before 180 days of filing then you must join your old employer after GC approval. Or else, if your 485 doesn't get approved for 180+ days, then you can file AC21 and continue to work with new employer even after getting GC approval (with old employer).
Hope I am making sense here.
Gurus: What could be the risks involved in this scenario?

Friends: Please comment.

[qesehmk]

Applicability of AC21 ceases to exist (technically) after 485 approval. The good news is 485 approval means - technically - you can work for anybody immediately.

I am not aware of ANY law or regulation that says that you have to stay with the GC sponsor for an X period of time after 485 approval. Lawyers do say 6 months. But I am not aware of any law that states that or implies that.

Spec / Teddy - do you know any better on this topic?

If you are getting a good opportunity then talk to your current employer and tell him that you will be interested in filing the 485 with them. If your employer agrees, then transfer H1, and while working with the new employer you can file 485 with your old employer
(when your PD gets current).

Now if your 485 gets approved before 180 days of filing then you must join your old employer after GC approval. Or else, if your 485 doesn't get approved for 180+ days, then you can file AC21 and continue to work with new employer even after getting GC approval (with old employer).
Hope I am making sense here.
Gurus: What could be the risks involved in this scenario?

[nishant2200]

Q, my friend took a paid consultation with Murthy law firm for this.

He works with me, and got a GC few months back and wants to change job.

Murthy law firm told him that, there used to be a law or a field manual memo kind of thing about this and anything less than 6 months used to be a trigger for investigation into EB GC fraud if you went for naturalization and your job history indicated less than 6 months working on GC on the company. They said that there is no such law or directive anymore, but still the naturalization people tend to follow this, and you should work for 6 months to a year after GC, to avoid a EB GC fraud investigation if you go for naturalization.

Applicability of AC21 ceases to exist (technically) after 485 approval. The good news is 485 approval means - technically - you can work for anybody immediately.

I am not aware of ANY law or regulation that says that you have to stay with the GC sponsor for an X period of time after 485 approval. Lawyers do say 6 months. But I am not aware of any law that states that or implies that.

Spec / Teddy - do you know any better on this topic?

[qblogfan]

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[qesehmk]

Your status is tied to your pending 485. So as long as it is pending or approved you are in status.

EAD gives you ability to work. Working on Expired EAD is certainly illegal. But that doesn't put you out of status.

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[nishant2200]

qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[qesehmk]

Thanks Nishant. Good info!

qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

[GhostWriter]

gcseeker, difference is corruption is illegal in India and EB1 is a legal category and all the people are getting GCs with their applications meeting specific criteria. Does it hurt me as an EB2-I applicant - Yes, but do i think it is unfair - No. A part of this category is designed to bring in managers. If two people graduated at the same time from college, one worked 5 years in US, then applied for EB2-IC GC 4 years ago, the other worked in India or China moved up the ladder in those 9 years and is now eligible for EB1, how is it unfair. Will there be some abuse of the category by law firms, yes, but it wont be significantly more in percentage terms from the corresponding abuse in EB-2 or EB-3. At the end of the day we all choose the best options available to us within the legal framework.

needid

You shared your opinion honestly and I am going to respect it and share mine plainly as well. This is an topic that will invite much heated responses and I do not wish to prolong this much further at a time when many are waiting for the VB.

I will simply put it this way. What is the difference between this and corruption in India. So everybody willing to take an bribe and willing to give an bribe is sleeping happily and getting something they did not deserve.Everybody else worrying for years to get an job, pay his dues , pay their taxes and wait in line patiently is an fool who could not do the research to find those loopholes and deserves that fate.

I will never in my life agree with such an logic.I am happy to be an fool and not trample on other's live's blatantly in search of my own selfish happiness.

Again I do not wish to prolong this topic ,just am tired of this logic of defending people who exploit shortcuts as some entrepreneur's trekking to the north pole.It takes guts to stick to the rules.Any damn coward can bribe his way out of the system.It is not an question of being happy for those people jumping lines...imagine if everybody did that ...then you will have pretty much the law of the jungle ruling societies.

Where does one draw the line.

[qblogfan]

I don't understand what is going on. Somebody used my account and posted.

I think somebody stole my account!!!

qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

[qblogfan]

who are you? why did you use my account to post here?

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[nishant2200]

I don't understand what is going on. Somebody used my account and posted.

I think somebody stole my account!!!

change your password qblogfan and make it tough password.

[Monica12]

change your password qblogfan and make it tough password.

yes, and also if you are at work or using a public computer, log out when you step away from your computer. There is all kind of scam these days on the internet... the other day, read that someone got scammed on Facebook by posing as their sister... geez, all this enough to make one paranoid. Be careful, guys!

[needid]

Looks like i need to throw some words here to close it.

Probably i should not have used "shortcut" in my original post. Replace short cut with EB1C.You and me know how fair is GC/VISA process.
Consider this, you are standing in queue since 4AM for door buster sale for item X. Your friend also want X , but does not want to stand in line, sits home and searches for online deals. Before you even reach the door to bust it, he gets the order confirmation for X. Did he jump in line, no he just found another quick and risky way to get it. You are sure you'll get it by standing in line. I too would stand in line, bcoz i want X and don't want to take risk of not having one.

Projecting resumes part: You have multiple skills, but it is always how you project your skills gets you the job. I am not talking about people who do not have skill, but have in their resume. 90% world is running on how you package and market it.

Some people choose to work so that they can get guaranteed and regular income. Some people take risk and do business. Normally business people life is risky, but it may be the quickest way to riches.

Let us not find fault with others, just pick your path and move on.

[waitingEB2]

I hope dates move fast. The check list that I got from my attorney to file I-485 do not require any pay stubs or W2s. I checked with them and they say it is not necessary and they do not want to provide any thing more than required. is it ok to apply for
I-485 without pay stubs and two years of W2 ???