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  • v7461558
    07-18 05:06 PM
    1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
    2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.

    Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"

    3. Time limit on FBI namecheck.

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  • Macaca
    02-07 05:16 PM
    I have an MS degree, so IF the SKIL is passed, my PD will become current.
    My understanding of SKILL for US MS is that it will not be counted against the cap. I don't see it saying that PD does not matter for US MS. What am I missing? Thanks.

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  • somegchuh
    08-01 01:45 PM
    While we are at it let me throw this in....
    Assuming you decide to persue MBA from a good university instead of online. What kind of investment of time and money are you looking at? Is it really worth the investment when you are already in your 30's? Is is worth spending the time and money on a MBA? If you spend the same time/money on a business opportunity wouldn't that be better in the longer run? Is it practical to start a business when you are in the 7th/8th/9th year of H1b with no idea if/when you will get GC? Is it a safer bet to invest in education?
    For PMP I think, you need to take some courses, I had taken some courses at Berkeley Online on project management, these courses count towards PMP.
    They also have in class courses, if you are interested.
    Better to do something than nothing.


    Hope it helps,

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  • rockstart
    07-02 12:21 PM
    I completely agree with you. The best thing the forum can do for such people is to educate them and the best way to do that is with case studies of what situation were people in and how they fought back. It easy to tell people to take the plunge, any one will hesitate to jump into darkness.

    I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.


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  • m306m
    06-11 04:24 PM
    I am already financially/emotionally drained out due to my accident. I guess its going to be deja-vu for me again.

    Now I have hardly any money in my bank accounts(around 14K to be precise), and no house , which seems to be a good news and they cannot rip off much.

    Only questions I have now are:
    1. Any idea generally how long these things can go on?
    2. During the trial will there be any restrictions on leaving the country (In genuine emergency situations)?
    3. In the worst case if I am willing to give-up my GC..would it still make sense for us(my spouse and 2 kids) to go thru all this emotional stress all over again by staying here and thinkign about what will happen tomorrow...?

    If you have only 14k then that is all that they can claim from you. In extreme cases they can consider put a lien against your future pay (for eg: 50% of future pay going to pay for the damages).

    But don't worry so much!!! Why you will ask? here are the reasons.

    Firstly, it matter who is suing you. Are the lawyers representing the insurance companies of the victims or are the lawyer retained by the victims directly.

    If the lawyers are retained by the victims directly, the victim has to pay the lawyer to fight this case. The lawyer will only fight if there is way they can get you to pay the fees. The fees for such a lawsuit will far exceed 14K!!! So what you might want to do is request a lawyer to write a letter on your behalf to the lawyers of the victims and request them to settle out of court. for may 10K or else threaten that you will leave the country and they will recieve nothing!!. Ofcourse you don't have to leave the country you are using this as a barganing chip. Move the 14k to india in your parents or sibling's name. that way when they do an asset check nothing shows up.

    From your posts you are sounding very stressed!! don't be relax you don't have to give up your GC. You have get a lawyer to help you out and pre-empt this before it goes to trial. Even after it goes to trial get a lawyer and fight for this (provided it does not cost you more than 14K). If you or your wife or kids are in university, most universities have laywers who will give free advice to students. You can also choose to pay between $100-$500 for consulation with other lawyers (remember the lawyers you are going to consult also want to make money so they will push you to retain them and some of them will scare you with the most unlikely scenarios. Filter this out by talking to 4-5 different lawyers).

    G'luck. this is not the end of the world and frivilous lawsuits in the US are more common than legitimate lawsuits. This is not worth your sleep! Fight for this and don't think about giving up your GC for this!

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  • fide_champ
    12-23 02:57 AM
    My wife went for H4 visa on Dec 19. I booked flight ticket on 28th. So it seems like I need to postpone the date by at least a week.

    Your comments are welcome...Thanks!!

    That's too short a wait. You have to give atleast 10 working days to be safe. It takes 7 working days for many people these days and if you are lucky you can get it sooner than that.


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  • gjoe
    11-01 03:52 PM
    If we can understand why most of us want a GC we can understand the poll better.
    In my opinion most of us here want the GC because we want to change jobs for better pay, better professional growth, to live in a better place, better work environment, etc, the list can be endless. ( I guess if you don't have all these then you don't have freedom)
    If we can get our GC's no matter with which employer we work as long as we do our job ( as mentioned in our LC) we will not be bothered too much about our GC process ( We are dependent on our employer sponsoriing our GC so we are not independent)

    I can say atleast half of us who are waiting for the GC don't have any ambitions as of now to take active role in building this society, if we really had such we can do that at our home countries too.

    Like someone said in this thread " Reverse Brain Drain " is an empty slogan if we use ourselves call ourselves the brain which America needs to keep it going.

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  • gdhiren
    07-13 04:48 PM
    All the best, guys! Enjoy, wish I were there in bay area, but hey we will be watching closely.


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  • raju123
    05-24 03:50 PM
    Although problem is genuine, no body (media, lawmakers, and US citizens) noticed our problem and recognize out contribution. We need to do something non-traditional to draw the attention of media. DC meet is one good chance, if we can gather significant quality heads. I am scared that only around 1000 members (may be less) are active at the peak of depression. And I don't know how many will show up to DC.

    Immigration is not our right but at least, world should know the injustice.

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  • leoindiano
    10-30 12:07 PM
    @ leoindiano
    Where is your case? You should call and talk to an IO and find out. It will be good if the IO can put in a note in your case on which 140 needs to be used. After around 100 calls, I managed to talk to a very friendly IO, she put in a note and asked for my file to be pulled out of storage (I believe that is what happened in my case). I was on the phone for around 20 minutes with this IO and I couldnt believe how a IO could be so friendly and polite :) Have you treid CIS Ombudsman and USCIS Sec. Napolitano?


    I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?


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  • whiteStallion
    07-02 06:26 PM

    Can't your friend sue his employer who
    1] forced him to falsify his credentials,
    2] made him spend money for H1,
    3] reduced him to a stage where he has to now work in a grocery store?

    Sorry for not making it clear enough...
    This guy was not even eligible for a H1 in the first place as he did not know anything about IT... It was his decision to move to US and to lead an american life... so he cooks up a resume...claims to be a software engineer(with due help from his H1 filer consultant, I assume) and landed up here. He was in deep trouble when the Grocery shop closed down and he had to look out for another job... Last I know, he was taking QA training...

    So its not a case of my friend being mistreated by his consultant but a case(I'm sure he is not unique within H1 community) where my friend, along with his Consultant took the whole H1B program for a ride....
    1. He was not forced...he himself falsified it intentionally
    2. He is not complaining...he is happy the way things has turned up for him...
    3. What was he thinking when he came down here... Surely he cannot code a line in any language or do anything in IT ... He had to take up a non-IT job..

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  • kaisersose
    11-02 12:06 PM
    Agreed getting a GC is a painful process not to mention the bureaucracies that go with it.Agreed serious lobbying is necessary to bring about a change in the legislative system coz waiting for years to get ones GC is plain ridiculous.But the idea of REVERSE BRAIN DRAIN is just a myth.I am pretty sure that atleast 80% of the people are just average Joes whose intellect is just better than those blonde babes of the "Girl next door" reality series.We should be glad that we were raised in a foreign country lest would have replaced those poor old folks saying "welcome to wal-mart".So lets stop talking about reverse brain drain and atleast not try to replace those intelligent ones back home. We being here is best for our country and our economy.

    I am with you. We like to invent all possible reasons to try to show our importance to America, but it is obvious that reverse brain drain is not a real thing.

    American will do just fine without all the foreign programmers (including myself) living and working in this country. They can find Americans to do the work or if not, they will offshore jobs. Either way, life will go on as before.

    Foeign born programmers are not here because they are exceptionally bright, they are here because they could get a college degree and get trained in programming skills at a cheap throwaway cost, which is harder for an average American to afford. So the foreigner gets to write programs while the American has to settle for a sales position in Best Buy.

    What America really needs; what they cannot do without are the maids, landscapers, construction workers and janitors. The politicians who have to make the decision of sending out illegals have to deal with the problem of not finding maids and gardeners for their expensive homes (their wives are not going to let them do that). Easier for them to let the illegal issue prolong while they enjoy the benefits of cheap labor providing by illegals.

    The GC system is entirely in our favor. It really does not benefit America in any significant way. The fact remains that we still end up stealing their jobs at some level - whether we are willing to admit it or not.


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  • jthomas
    05-29 07:11 PM
    Foreign laborers break the law by collecting unemployment

    the other person is also a IV member on the post. Anti-immigrants have been comming to our site and collecting information about your discussion. I am not at all worried about anything.

    Please do not fight with conflicting topics which is of no use.

    Did you guys looked at the latest projections given by USCIS, its on murthy.com. For those who want to wait 10-15 years in limbo, i will pray for you all. For those who want to explore new options, i want to wish you best of luck,

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  • Googler
    11-05 08:59 PM
    You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.

    Donald Bradman


    Do you mind sharing some details? It would be very helpful to know if they only helped because your case was extraordinary in some way.

    How long have you been waiting for the namecheck to clear? What country are you from? What did you say about the adverse effects on your life?


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  • desi485
    02-18 02:28 PM
    I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.

    This is her opinion in quotes:
    "I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."

    I hope this helps.

    greenlight: Thank you indeed to share such useful information with rest of us.

    As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.

    Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.

    Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).

    I would appreciate input from others who have some knowledge or experience of above situations.

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  • abqguy
    06-02 03:05 PM
    They all took down the message, very friendly and said they will pass on the message to the House Reps.


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  • satyasaich
    04-07 01:37 PM
    drop and drop makes an ocean
    just added my $200 again today. and urging all the like minded people to come forward, even if we contributed before.
    bottom line is we have to help ourself and join the hands
    once again, thanks IV and let's keep the momentum.

    "The tough gets going when going gets tough"
    we all have a strong will and tough mind that can make a difference

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  • RNGC
    12-15 02:41 PM

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  • arunkotte
    07-29 09:02 PM
    Based on my research I found out that net assets for an S corporation can be found on Schedule L on 1120S. Net assets=[sum of lines (1d-5d)] minus [sum of lines (16d-18d)].
    If net assets+existing wage>proffered wage, the company has ability to pay.

    Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.

    07-19 10:14 AM
    There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.

    Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!

    Best Regards,

    That's a really sensible post man! Good work :)

    06-11 02:44 AM
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