GKBest
09-29 12:37 PM
Hi Guru's
A strange thing happened today....Need your help ...
I have an H1 transfer pending with Nebraska Service Centre....
My earlier H1 which was approved 1 year ago has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on September 28, 2007, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I don't get this...I have the following questions
1> This H1 petition was approved 1 year ago...I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval ??
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now ?
3> What about my H1-transfer which is pending ??
I am going nuts....anyone in this situation
I've noticed that USCIS has been committing some errors in updating their records. I suspect there is a virus in their system. Let your lawyer handle this. USCIS corrects their mistakes once they see proof.
A strange thing happened today....Need your help ...
I have an H1 transfer pending with Nebraska Service Centre....
My earlier H1 which was approved 1 year ago has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on September 28, 2007, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I don't get this...I have the following questions
1> This H1 petition was approved 1 year ago...I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval ??
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now ?
3> What about my H1-transfer which is pending ??
I am going nuts....anyone in this situation
I've noticed that USCIS has been committing some errors in updating their records. I suspect there is a virus in their system. Let your lawyer handle this. USCIS corrects their mistakes once they see proof.
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21stIcon
10-10 11:38 PM
As I said I am not economy guru, we can read history after 5 years. My point is gold was not inflation proof , last 50 years return was less than other investment types and high volatile.
If you are considering gold for investment how would physical gold differ from ETF?
For me it is easy to sell ETF from my desk since I would get same value as physical gold.
If you are considering gold for investment how would physical gold differ from ETF?
For me it is easy to sell ETF from my desk since I would get same value as physical gold.
chanduv23
01-30 07:08 AM
Those who got labor sub and got their GCs already must reapply within XX days or their GCs will be deemed invalid? How do you think will such a rule be?
If labor substitution, applying 140 in 45 days etc.. are the kind of rules that are being framed, it is mainly because all the companies started exploiting these rules.
It can be hypocratically argued that Desi companies only sell labor and misuse it, but from a larger perspective, any company including those multibillion dollar companies may actually misuse labors ie like HR will use sub labor for friend, lawyer may educate HR about the loophole and they will use it as a card for new hires. If such a thing is stopped there is no room for misuse of any form. We have to thank Desi companies because in someway, by totally exploiting the loophole, they helped this cause.
45 days in filing 140. Believe me, such deadline is definitely achievable. 140 is a simple process and all that is needed is company audit and tax reports. I guess time will be given to those who already have labor certified and not applied for 140 for whatever reason.
Such a rule must come even for filing 485. So that companies don't drag that too.
Like most of the people have told earlier, changes are coming, a lot of changes are coming in the system and people are working in the background to streamline the system.
I am not sure if this is true, but I have heard that IRS is now exposing its database to INS, DOL, SSA, DOS, Consulates and DMVs also can participate in it. Any kind of discrepency in salary or status can be exposed by this.
IV iks definitely making a difference. IV has been extremely neutral in all its demands and causes and has raised excellent awareness, I am sure these sites are regularly monitored, which makes a lot of difference.
If labor substitution, applying 140 in 45 days etc.. are the kind of rules that are being framed, it is mainly because all the companies started exploiting these rules.
It can be hypocratically argued that Desi companies only sell labor and misuse it, but from a larger perspective, any company including those multibillion dollar companies may actually misuse labors ie like HR will use sub labor for friend, lawyer may educate HR about the loophole and they will use it as a card for new hires. If such a thing is stopped there is no room for misuse of any form. We have to thank Desi companies because in someway, by totally exploiting the loophole, they helped this cause.
45 days in filing 140. Believe me, such deadline is definitely achievable. 140 is a simple process and all that is needed is company audit and tax reports. I guess time will be given to those who already have labor certified and not applied for 140 for whatever reason.
Such a rule must come even for filing 485. So that companies don't drag that too.
Like most of the people have told earlier, changes are coming, a lot of changes are coming in the system and people are working in the background to streamline the system.
I am not sure if this is true, but I have heard that IRS is now exposing its database to INS, DOL, SSA, DOS, Consulates and DMVs also can participate in it. Any kind of discrepency in salary or status can be exposed by this.
IV iks definitely making a difference. IV has been extremely neutral in all its demands and causes and has raised excellent awareness, I am sure these sites are regularly monitored, which makes a lot of difference.
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cool_guy_onnet1
06-15 09:39 AM
I have an appointment with Murthy's attorney next week. SInce we have limit on PM I would suggest making a yahoogroup thread and include those in the same boat. My PD is Sep 05 EB2 India . it's pretty bad for me :-) Getting married next March (just need to find the gal - kidding ;-) )
Lets talk with our respective attorneys and separate attorney's personal benefit from this.
Ofcourse, all the Attorneys will tell you NOT TO DO CP SINCE THEY CANT CHARGE THIS Matthew Oh GUY and others want you to do 485 so they can milk more money out of you.
Email me at cool_guy_onnet@yahoo.com and I would setup something for "485 kawares"
Thanks
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
Lets talk with our respective attorneys and separate attorney's personal benefit from this.
Ofcourse, all the Attorneys will tell you NOT TO DO CP SINCE THEY CANT CHARGE THIS Matthew Oh GUY and others want you to do 485 so they can milk more money out of you.
Email me at cool_guy_onnet@yahoo.com and I would setup something for "485 kawares"
Thanks
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
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$eeGrEeN
07-17 12:18 PM
what other option do you have !!!!
WillIBLucky
11-16 01:49 PM
There is radio talk guy Sean Hannity (Convervative Republican). He is very popular for his straight and truth talk on radio. He comes in 7:60 AM on radio from 3PM to 5 PM EST.
We could send an e-mail or call and request him if he could take time to talk about our problem. He is very much against Illegal Immigration. He always supported legal immigration. He himself is an immigrant. Most of the people in Congress know him. Probably this might be a good idea and hope he will talk about our problems and this wrong propaganda about us not paying taxes.
For more information about him you can check http://www.hannity.com
We could send an e-mail or call and request him if he could take time to talk about our problem. He is very much against Illegal Immigration. He always supported legal immigration. He himself is an immigrant. Most of the people in Congress know him. Probably this might be a good idea and hope he will talk about our problems and this wrong propaganda about us not paying taxes.
For more information about him you can check http://www.hannity.com
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deba
06-13 07:33 PM
shishya and spdy_mn, the point here is when did you get married. As long as your marriage date is before the approval date you are fine. In fact, I remember reading in murthy's website that even if you find out that your 485 has been approved right after you got married (all petitions will have an approval date), you are still eligible to file for your spouse's 485. I think INS has a 180 day window to consider the spouse's application. I guess you have to prove that you got married before the approval date of your 485. Search the murthy website about this posting from her. Good luck.
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Bpositive
02-03 11:58 AM
When I was asked to resubmit documents after the interview (via drop box), the consulate said they will need 6-8 working days from the date of receipt of the latter. They indeed took only 7 working days.
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
thanks..appreciate it
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
thanks..appreciate it
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green_card
11-11 08:41 AM
Thank you for adding some rationality to the discussion.
I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.
I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.
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snathan
04-19 03:57 PM
Looks like this Sheila is in her new avatar, from 3 year degree people trying to make $$$ in others troubles! She threatened to sue IVians for exposing her tricks when she tried to advt her service in her posts, as friendly posts.
USCIS does not buy her evaluation anymore. Go to her and lose your valuable time and few thousand dollars in addition to your I-140.
I aso suspect the same...I have asked her the website and there is no information so far. Guys dont fall for her.
USCIS does not buy her evaluation anymore. Go to her and lose your valuable time and few thousand dollars in addition to your I-140.
I aso suspect the same...I have asked her the website and there is no information so far. Guys dont fall for her.
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desi3933
08-20 11:23 AM
I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc? and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
maybe they should make new citizens apply for passport every year and tell them to renew DL every year and after few years I will ask him if the wait was worth it ??
I will still say "it is worth it". This is my opinion and you certainly can have a different opinion.
If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)
maybe they should make new citizens apply for passport every year and tell them to renew DL every year and after few years I will ask him if the wait was worth it ??
I will still say "it is worth it". This is my opinion and you certainly can have a different opinion.
If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)
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B3NKobe
06-09 10:59 PM
not sure, ill go through all the entries after the deadline.
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krishmunn
01-24 07:29 AM
I have read in several forum that one cannot form own company and sponsor H1 through that. The logic is sponsoring H1 is work and you cannot work without H1.
I think it is acceptable logic. Otherwise many would have sponsored H1 for self.
Check with some attorney.
I think it is acceptable logic. Otherwise many would have sponsored H1 for self.
Check with some attorney.
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smartboy75
09-30 02:54 AM
What are your priority dates? They may now be working on your GC application.
GK Best
My I-485, I-765, I-131 cheques were encased on 26th Sept and 28th I got the email....My PD is 24 May 2004..EB2 category...
GK Best
My I-485, I-765, I-131 cheques were encased on 26th Sept and 28th I got the email....My PD is 24 May 2004..EB2 category...
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newbie2020
05-25 08:18 AM
http://www.aila.com/content/default.aspx?docid=28941
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Dipika
10-27 01:52 PM
Rongch60,
Same Here !
I got 6 months wait letter too. My wife (Dependent) for 60 days letter.
EB2/TSC .
I m lost as well!!!
i filled up #7001 form and also E.mailed a follow up letter today.
i had opened SR on 4th sept, same reply - case is preadjudicated and under review, wait for 6 months. my case is at TSC. i have taken infopass for 4th Nov to check again.
Same Here !
I got 6 months wait letter too. My wife (Dependent) for 60 days letter.
EB2/TSC .
I m lost as well!!!
i filled up #7001 form and also E.mailed a follow up letter today.
i had opened SR on 4th sept, same reply - case is preadjudicated and under review, wait for 6 months. my case is at TSC. i have taken infopass for 4th Nov to check again.
more...
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gcsomeday
07-11 12:38 PM
Guys, For better marketing our plight wearing business suits for rallys will have a significant impact on the perception of the rally on both onlookers and the press. It will immediately convey :
The professionalism of the crowd
The difference between previous illegal protestors and legal high skilled protesters
People will notice crowds of business suits and it will leave an imprint on their mind. Especailly in places like bay area they will just stick outOrganizers may want to think about this.
The professionalism of the crowd
The difference between previous illegal protestors and legal high skilled protesters
People will notice crowds of business suits and it will leave an imprint on their mind. Especailly in places like bay area they will just stick outOrganizers may want to think about this.
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jayram123
07-12 03:28 PM
If you heard what the restrictionist lawmakers have said about what to do with illegal�s, this retrogression makes sense. The restrictionists want to make life miserable for illegal�s by making it difficult for them to get jobs, this way the illegal�s would go back on there own.
They are trying to do the same thing with us legal�s (without saying it aloud). If you are from India it will take you at least 6 to 8 years (if you are lucky) to get a green card. Frankly in the fast changing technologically advanced world how many people can hold on to the same job for 8 years straight, they cannot. People lose jobs because they are laid of, the company has run into bad times, the technology has changed and the company wants to move you to a different role or position etc, this way a lot of people have to switch jobs which invalidates thete green card process. They are making your life miserable so that you are broken down psychologically and finally will go away either on your own or because of some arcane rule, example the labor should be applied more than one year before h1 expiration etc, a living example is that Indian guy who posted recently that he is leaving US to work for Microsoft in Canada. This way they get the best of both worlds, you have young people in the prime of there life without any diseases who do not burden there medicare system, working hard and paying social security taxes and medicare taxes (which they will not get back) and in the end they are kicked out or go away on there own.
You got it right or what!!! That sounds like the modern definition of slavery and seems to be what is happening in US despite all the claims of abolishment of slavery. They just have refined it to a point where it is subtle and not so blatant.
They are trying to do the same thing with us legal�s (without saying it aloud). If you are from India it will take you at least 6 to 8 years (if you are lucky) to get a green card. Frankly in the fast changing technologically advanced world how many people can hold on to the same job for 8 years straight, they cannot. People lose jobs because they are laid of, the company has run into bad times, the technology has changed and the company wants to move you to a different role or position etc, this way a lot of people have to switch jobs which invalidates thete green card process. They are making your life miserable so that you are broken down psychologically and finally will go away either on your own or because of some arcane rule, example the labor should be applied more than one year before h1 expiration etc, a living example is that Indian guy who posted recently that he is leaving US to work for Microsoft in Canada. This way they get the best of both worlds, you have young people in the prime of there life without any diseases who do not burden there medicare system, working hard and paying social security taxes and medicare taxes (which they will not get back) and in the end they are kicked out or go away on there own.
You got it right or what!!! That sounds like the modern definition of slavery and seems to be what is happening in US despite all the claims of abolishment of slavery. They just have refined it to a point where it is subtle and not so blatant.
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jetflyer
06-13 10:05 AM
They can move the Dates in both Categories while giving preference to EB1 and EB2 first.
You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:
EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)
Now current status and its cause:
EB1: - No jumping, no gaming system : Hence NO DELAYS
EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE
Result: Got retrogressed
EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon
Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers
EB 2:: High, general pay starts high $80k and goes somewhere $140k+,
EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)
Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)
Now lets checkout preference:
Preference from perspective of country, what benefits country the most:
EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate
Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.
End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself
The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days
You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:
EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)
Now current status and its cause:
EB1: - No jumping, no gaming system : Hence NO DELAYS
EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE
Result: Got retrogressed
EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon
Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers
EB 2:: High, general pay starts high $80k and goes somewhere $140k+,
EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)
Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)
Now lets checkout preference:
Preference from perspective of country, what benefits country the most:
EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate
Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.
End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself
The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days
garybanz
12-03 03:55 PM
Most of the people on Immigration Voice come here for legal advice regarding immigration, what if IV negotiates a good rate with 3-4 Immigration attorneys and recommends those attorneys to members? Attorneys would get business due to IV recommendation, IV will get referral fee ($100-$200) per referral and members will get discounted rates from good attorneys.
Do you think this can work?
Cheers.
Do you think this can work?
Cheers.
ramaonline
05-25 12:58 PM
Looks like the amt has come down to 3500 from 5000 (Not sure abt this)
sanders is an oil salesman or what?
http://blogs.ilw.com/gregsiskind/2007/05/thousands_of_gr.html
sanders is an oil salesman or what?
http://blogs.ilw.com/gregsiskind/2007/05/thousands_of_gr.html