logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
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GC_1000Watt
03-12 02:39 PM
Here we are again "Mentally" bruised and beaten by yet another VB.
USCIS talk about some unknown cases in district offices..tomorrow they will say they have more pending unknown cases at some local attorney general office. And then we have no spillover happening, just asking for a disastorus wastage of visa in the last quarter. That's all ridiculous and making a mockery out of us.
Wish I had the power and money to pull USCIS in court and ask them to actually clear the scene to all of us.
Can "IV" in some way provide us with the "Power" to question USCIS and publish the answer in public? If the answer is Yes, then I am sure many people can contribute for the cause.
USCIS talk about some unknown cases in district offices..tomorrow they will say they have more pending unknown cases at some local attorney general office. And then we have no spillover happening, just asking for a disastorus wastage of visa in the last quarter. That's all ridiculous and making a mockery out of us.
Wish I had the power and money to pull USCIS in court and ask them to actually clear the scene to all of us.
Can "IV" in some way provide us with the "Power" to question USCIS and publish the answer in public? If the answer is Yes, then I am sure many people can contribute for the cause.
godbole_sanjaya
01-16 11:52 AM
Here I go. Included myself for monthly payment.
Can you please confirm the reciept of the same?
Can you please confirm the reciept of the same?
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yawl
07-16 05:13 PM
they are shameless liars and racists
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kumarc123
03-12 09:10 AM
I completely agree with you.. in the last 3-4 years of forming IV what lobbying efforts did the IV folk do after July 2007 fiasco?? With all the donations and money they are making from advertisements on this website what have they accomplished? they could not even have an established and reliable relationship with DOS or USCIS to get clear information out to its members?? I think it is a BIG F-A-I-L-U-R-E on the part of IV if they cannot even get some valid information let alone bringing some change in the immigration system. And when we are all discussing in anticipation of this much awaited April bulletin, what do the IV admin folk do?? Start another DONOR FORUM thread and talk about what?? B-U-L-L-S-H-I-T!! If starting a new DONOR FORUM thread is all you can do for all the donors? what good is it?? Before we go ahead and bash USCIS, IV folk have a lot of explanation to do -
1. What links do you have with USCIS?
2. What efforts are being made?
3. What is the future POA?
4. If sitting around and waiting for the next visa bulletin is all you IV leadership is doing then stop asking for DONATIONS!!
Peace!
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
1. What links do you have with USCIS?
2. What efforts are being made?
3. What is the future POA?
4. If sitting around and waiting for the next visa bulletin is all you IV leadership is doing then stop asking for DONATIONS!!
Peace!
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
rpatel
07-31 12:43 PM
The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)
Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.
Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...
Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.
Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...
more...
smuggymba
08-21 12:35 PM
Thread Starter - unless you tell EXACTLY which GC category you fall in, when exactly was it applied - is the employment based, family based or what........ur asking questions but tellt he TECHNICAL details of your case..rather than saying USCIS is bad etc.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
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xyzgc
01-17 11:58 PM
I agree with what xyzgc says ..though I guess the last sentence should be changed to "how can you buy long term Immovable assets without getting the permanent residency ?? :)"
Thanks, you are the only one who agrees. Its ok. The rest are fools (in their opinion, I'm stupid, its ok).
Thanks, you are the only one who agrees. Its ok. The rest are fools (in their opinion, I'm stupid, its ok).
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bayarea07
08-06 07:46 PM
Read Post above yours and you will have the answer.
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
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bank_king2003
02-08 02:27 PM
All,
Disclaimer: I am not a ron's associate and he is not even my lawyer. just want to bring this under everyone's observations.
there is a very nice article on ron's site about how USCIS still waste visas. this is a real slavery where due to USCIS inefficiency - hard earning people like us suffer alot and the agony is that noone is there to even listen and stop USCIS from this practice. for details
go to:
Discussion thread for ImmInfo Blog article: DOS explanation of visa controls (http://www.immigration-information.com/forums/general-immigration-questions/9732-discussion-thread-for-imminfo-blog-article-dos-explanation-of-visa-controls.html)
some fine prints from the above discussion wanted to share:
Consider the fact that USCIS purport to have preapproved about 150,000 cases. All of those cases were reported to VO as ready for closure. VO's system automatically generates specific visa numbers for specific cases. If the CIS doesn't use them, they expire and are wasted. Based on the numbers provided so far, it appears that the CIS failed to close out enough EB3 cases and about 3,000 to 5,000 numbers were wasted.
If the CIS does not act on the assignment of individual visa numbers to pre-approved cases, then those numbers are wasted. That appears to be what happened last fiscal year.
by law "unused" visa numbers fall across within a fiscal quarter. So, for example, all of the unused Worldwide EB2 numbers for the first fiscal quarter (Oct - Dec) "fell across" and became available to applicants chargeable to single state limited countries - in this case China and India. If for any reason there were no unused visas in a particular quarter, then there would be no fall across for that quarter. They do not save them up and issue them at the end of the fiscal year.
Disclaimer: I am not a ron's associate and he is not even my lawyer. just want to bring this under everyone's observations.
there is a very nice article on ron's site about how USCIS still waste visas. this is a real slavery where due to USCIS inefficiency - hard earning people like us suffer alot and the agony is that noone is there to even listen and stop USCIS from this practice. for details
go to:
Discussion thread for ImmInfo Blog article: DOS explanation of visa controls (http://www.immigration-information.com/forums/general-immigration-questions/9732-discussion-thread-for-imminfo-blog-article-dos-explanation-of-visa-controls.html)
some fine prints from the above discussion wanted to share:
Consider the fact that USCIS purport to have preapproved about 150,000 cases. All of those cases were reported to VO as ready for closure. VO's system automatically generates specific visa numbers for specific cases. If the CIS doesn't use them, they expire and are wasted. Based on the numbers provided so far, it appears that the CIS failed to close out enough EB3 cases and about 3,000 to 5,000 numbers were wasted.
If the CIS does not act on the assignment of individual visa numbers to pre-approved cases, then those numbers are wasted. That appears to be what happened last fiscal year.
by law "unused" visa numbers fall across within a fiscal quarter. So, for example, all of the unused Worldwide EB2 numbers for the first fiscal quarter (Oct - Dec) "fell across" and became available to applicants chargeable to single state limited countries - in this case China and India. If for any reason there were no unused visas in a particular quarter, then there would be no fall across for that quarter. They do not save them up and issue them at the end of the fiscal year.
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imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
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JazzByTheBay
09-26 02:22 PM
CNN/FSB news report by Eileen Zimmerman corrected
http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/
cheers!
jazz
http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/
cheers!
jazz
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rajarao
10-21 12:29 PM
I sent mine yesterday. Do we get an acknowledgement and a number after this?.
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ramus
07-03 03:07 PM
bump.
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amsgc
04-25 02:02 PM
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
Congrats!
Could you please tell us what those job titles were, starting from the original one?
Thanks
Hope this helps...
Congrats!
Could you please tell us what those job titles were, starting from the original one?
Thanks
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gc__aspirant
05-30 02:49 AM
Hi All,
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
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lost
02-15 09:24 AM
Anybody from KY attending the event?
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spicy_guy
07-13 06:38 PM
August 2010 Visa Bulletin – EB-2 and EB-3 Substantial Forward Movement (http://www.cilawgroup.com/news/2010/07/13/august-2010-visa-bulletin-%E2%80%93-eb-2-and-eb-3-substantial-forward-movement/)
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
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chintu25
09-10 11:01 AM
Recess till 1 . 00
retrohatao
05-17 12:01 PM
FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
How about the following new methods:
1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
2. A letter to the news channels.
3. Web fax to the senators/congressman
Please share your ideas.
How about the following new methods:
1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
2. A letter to the news channels.
3. Web fax to the senators/congressman
Please share your ideas.
ajthakur
07-15 02:39 PM
I am truthful to IV members. I dont understand the reason for such a statement. Also there is nothing fishy here. Stop being a detective please. I dont feel comfortable sharing the reasons why I quit my employer in August. That something private. That shouldnt imply there is anything fishy.
Please be truthful to the IV members.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
Please be truthful to the IV members.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.