sunny1000
05-14 11:33 PM
I have tried everything to come back together. but it has really reached a point of not return.
my Pd Dec 03 EB3 India. Please I need advice
Sorry to hear about your personal life. If you and your wife agree for filing a divorce petition together, you can file for divorce by mutual consent in India. Both of you have to be present in the court when you file. The judge will decide on the case after a wait time of six months and you may have go back again for the final judgement. There is an one-year separation time that is required before you can file for mutually consented divorce in India. If you are already separated for more than a year, this is the best route.
If not, like some one else mentioned, you can file here but, some states like NY don't have provisions for divorce based on mutual consent or irreconcilable differences. So, it will take up to a year sometimes. It is perfectly legal and valid to get a divorce in the U.S if both of you have signed the petition and have been present at the court.
Your PD is Dec 2003 and so, you have time especially with all the projections that the EB3 quota (India) may retrogress.
Good luck with everything.
my Pd Dec 03 EB3 India. Please I need advice
Sorry to hear about your personal life. If you and your wife agree for filing a divorce petition together, you can file for divorce by mutual consent in India. Both of you have to be present in the court when you file. The judge will decide on the case after a wait time of six months and you may have go back again for the final judgement. There is an one-year separation time that is required before you can file for mutually consented divorce in India. If you are already separated for more than a year, this is the best route.
If not, like some one else mentioned, you can file here but, some states like NY don't have provisions for divorce based on mutual consent or irreconcilable differences. So, it will take up to a year sometimes. It is perfectly legal and valid to get a divorce in the U.S if both of you have signed the petition and have been present at the court.
Your PD is Dec 2003 and so, you have time especially with all the projections that the EB3 quota (India) may retrogress.
Good luck with everything.
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makemygc
07-27 12:55 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Why do you keep calling them everyday? What is the urgency of getting receipts?
Hope this helps
Thanks
Why do you keep calling them everyday? What is the urgency of getting receipts?
indyanguy
12-19 09:10 AM
filing of MTR does not give you status, once they accept it, yes you are in status again.
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
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coolman
10-02 04:16 PM
Our papers(I-485) reached NSC on July 19th 2007.We are yet to get our receipts.Anyone in the same boat??
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raysaikat
04-10 01:41 AM
^^This is not gonna happen... and even if it did....well I guess the companies will finally take notice when there are no new people to hire and fire and their bottom lines are hit with permanent hires for every small and odd project......guess what that they will do then....outsource more work to other countries......:)
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
And what makes you think that software consultancies cannot be run without H1-B visas?
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
And what makes you think that software consultancies cannot be run without H1-B visas?
svr_76
03-11 06:31 PM
Nope.
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
Per your logic if someone tries to stop/end bribing in India, you will question them saying-
Before starting to blame Bribe seeking entities, ask yourself a question.
How many of you bribed an entity to get your work done, or asked for bribe to do the work for someone?
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc....and then when this size increases they resort to means like not paying enough or providing them company guesthouse and kitchen + some money to buy grocery and few more buck but not the entire salary..... This is all how it started (the mis-use started)....and that is why consulates have imposed stricter checks.
It same with the foreclosure crisis...uptil now Bank gave loans (equivalent to visa) w/o complete and proper documentation..which cause ppl getting loands/home when they cannot afford it... now when this whole mess is identified..they want to implement strict enforcement of not giving No-Document, 0-Zero payment loans etc... and you are suggesting to ask people the same question - Have you received such loans in the past ..if yes then why object now... ?
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
Per your logic if someone tries to stop/end bribing in India, you will question them saying-
Before starting to blame Bribe seeking entities, ask yourself a question.
How many of you bribed an entity to get your work done, or asked for bribe to do the work for someone?
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc....and then when this size increases they resort to means like not paying enough or providing them company guesthouse and kitchen + some money to buy grocery and few more buck but not the entire salary..... This is all how it started (the mis-use started)....and that is why consulates have imposed stricter checks.
It same with the foreclosure crisis...uptil now Bank gave loans (equivalent to visa) w/o complete and proper documentation..which cause ppl getting loands/home when they cannot afford it... now when this whole mess is identified..they want to implement strict enforcement of not giving No-Document, 0-Zero payment loans etc... and you are suggesting to ask people the same question - Have you received such loans in the past ..if yes then why object now... ?
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number30
04-16 02:31 PM
Hi aroranuj,
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
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bp333
05-30 05:32 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
Just voted. Thanks for sharing the link, I will spread the word..
http://www.opencongress.org/bill/111-s1085/show
Just voted. Thanks for sharing the link, I will spread the word..
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satishku_2000
05-17 01:15 AM
Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.
Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.
The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.
One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.
what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"
No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.
Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.
The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.
One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.
what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"
No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.
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anda007
07-07 02:23 AM
Nothing against IV. I really think, that they are doin a great job
But why do u have to care about whether IV endorses this or not. If you think this is a great idea, go ahead and send the flowers urself.
I know alot of my friends, who do not care or know about IV, but have got the email chain and sent flowers on their own
So Don't make excuses. Send it on you own
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
But why do u have to care about whether IV endorses this or not. If you think this is a great idea, go ahead and send the flowers urself.
I know alot of my friends, who do not care or know about IV, but have got the email chain and sent flowers on their own
So Don't make excuses. Send it on you own
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
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gcseeker2002
03-02 03:17 PM
I was just curious to know and the reason why I asked was, if you read all the posts on this thread, one person (sheela) had a similar 'house visit' by an ICE agent...who was asking questions mostly on wire transfers...so, was trying to see if there was any similarity in both the cases?
The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
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cal97
02-10 07:33 PM
I got the same message in the last week of September in 2008. I honestly do not know where my case is. Called NSC, checked with an InfoPass appointment, made an inquiry through the COngress rep's office. All say the case is in NSC.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
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pappu
03-25 09:49 AM
We support all bills and all legislations that help us. Whether its STRIVE act of 2007, or some new version in the House or the new version in the senate or any new name of a bill that helps us.
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gondalguru
07-19 01:12 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Congratulations.
Congratulations.
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aachoo
02-23 07:41 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
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dineshksharma
07-14 07:56 AM
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!
Could you take some time out and let us know about your H1B delay in India?
Thanks
I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!
more...
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lazycis
12-28 11:32 AM
Hi,
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
FP status check phone is 304-625-5590. Name check is a different story. Write a letter to your congressman/senator or even Mr. President to inquiry about the name check status.
I-140 approved - June 2006
I-485 Filed in July 2007
AP- Approved Oct 2007
FP - Done in Oct 2007
Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check
FP status check phone is 304-625-5590. Name check is a different story. Write a letter to your congressman/senator or even Mr. President to inquiry about the name check status.
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tinku01
02-19 12:23 PM
Raj,
We should make some efforts to get relief otherwise nothing would happen next year also.
We should make some efforts to get relief otherwise nothing would happen next year also.
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DSLStart
04-29 01:42 PM
Pakistan had the F series jet fighters since the last many decades. The Americans were offering the advanced version to India and Pakistan. Pakistan is much ahead of India in maintaining log sheets of it with rich experience of 30-plus years. The type of relationship that exists between the US and Pakistan Air Force what is the guarantee that our system won't be leaked to Pakistan's system? If that happens, India's advantage would vanish.
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
prince40
04-14 07:41 PM
Desi consultants should be heavily fined or shut down if they get caught in filing multiple petitions. Why doesn't USCIS take reasonable steps to avoid these kinds of fraud. i hate it when desi consultants hire people from business background and file a H1B for them as a DBA's or programmer analysts or QA's....!!!
or even mech and civil engineers become IT experts in a second
or even mech and civil engineers become IT experts in a second
johnamit
07-17 09:34 AM
Most of the July filers have 140 approved and working in a full time job.So I think there will be little impact.
thats not necessarily true, there are lots of people with consulting firms including myself, however these are big consulting firms with 1000+ employees. I see fewer applicant from smaller companies.
thats not necessarily true, there are lots of people with consulting firms including myself, however these are big consulting firms with 1000+ employees. I see fewer applicant from smaller companies.
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