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Member Profile: dhamal (142 posts)

Hello, I'm dhamal (report this user)
I am from India
I last logged in on 09 Apr 2018
I have been a member since 13 May 2017
I have added 142 posts in trackitt forums
I added my last post on 09 Apr 2018
dhamal's Posts
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Posted in I-485 Forum on 09 Apr 2018
Topic: May VB prediction

Yep.. i too thought things will change in 2015.. wife got h4-ead, i was suppose to get EAD :)..reminds of of Nana Patekar’s dialogue..bhagwan ka diya sab kooch hai, ghar, gadi, izzat, shoharat.. sirf saala GC nahi hai.. lol.

Here is another one from Nana Patekar
"Sala Ek GC Aadami Ko Hijda Bana Deta Hein",,, :-)
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Posted in I-140 Forum on 04 Apr 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

He just needs another job, and can use that 140 to get a new H1 not being subject to cap limitations. Normally people leave a little time on the old h1, but that is not necessary too. If he finds a good job, even sitting in India, the h1 can be obtained. The date doesn't have to be current or anything. I have been saying that for a All he needs is a new job that sponsors h1. It isn't easy, but it is not the disaster he thinks it is either.

Agree with you. My current vendor lawyer once did confirm on the same lines. But honestly, getting an H1 from India all over again when the dates are approaching to be current, would also be a challenge in itself.

These days, H1B workers are slowly being killed basically. The noose is being tightened around our necks slowly every day. It's like frog being boiled very slowly in a chemical lab. The frog does not know that it is being boiled slowly and once the right temperature is reached it is going to get killed in an instant. And at that point of time even though it will realize that it is getting killed, it would be too late.

When DT was campaigning, he often used to talk about draining the swamp. And now we are seeing in real time, how the swamp is being drained so that alligators - us, the legal and hard working immigrants who were brought in with the false promise and then exploited wholesale - either leave or die in dry swamp. MAGA friends, MAGA in action....
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Posted in I-140 Forum on 02 Apr 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

He is supposed to give it to you no matter what. You can ask him to give it anytime. Yes you can leave and when your date becomes current you can come back provided you can find a job and a company to reapply for your H1.

True that. I had checked this with a couple of pro sources and got similar response. I would also advise that you check with the lawyer about a process to apply for an H1 from India using the I-140 (dont know that it is possible, but if not you still need to find out if you can repature some time and use it for future H1 filing. You need to find out what are your options to get in cap exempt).

Does anyone know rules around this? Can one use I140 to get in cap exempt?
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Posted in I-140 Forum on 02 Apr 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

At this point of time I think you should force him to give it to you. You don't need the original (although if you can get the original its well and good), even a soft copy through email would be enough for future applications. Your stupid employer has no business holding on to I-140 even now when you are no more with him and cant be with him anyways.
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Posted in I-140 Forum on 02 Apr 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

Don't lose hopes. If your I-140 approval is more then 180 days old (please confirm the time limit), then it becomes irrevocable by the employer (only USCIS can revoke in case of corner cases like misrepresentation). So you can always use your approved I-140 and find a new job. Aim for vendors with good client relations, who knows, the application may go through. Best Luck.
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Posted in I-485 Forum on 15 Mar 2018
Topic: May VB prediction


Sorry to you too, now that I understand your position and your thoughts much better than before. I flared up too much may be, but you know how it is. I have been here since 2003 and my stellar career and credentials have been destroyed and have been rendered worthless by this evil system. I was just checking my case with the experts and did not assume anything about anybody.

Do you want to know more fun facts, the consulting company with whom I am working as an FTE (and working for their clients) have a very strict policy for H1s. If the project ends, the consultant gets 3 weeks time to find next project. If he is not able to secure a new project then he is kicked out after 3 weeks. H1 gone, GC application gone. From which angle this looks like a GC Shop to you?

Now coming to my old employer, he was a big exploiter too, but he has certain value system in life and believes in supporting his employees. There are very few like him. Besides another reason he is helping me is out of his guilt because he prevented me from leaving him for another better company by threatening to revoke my I-140 AND in the end, I had to leave this employer because my H1 extension was denied (this is when they started cracking down on e-v-c model. It was another hell for me to eventually get back on H1 and reestablish myself here. After reading this, do you still think this is some kind of a happy GC Shop, i hope not.

Anyways, best of luck to you. Sorry for the language in earlier post and the flareup, I think I should have handled it in a little better way at least. I hope to improve myself moving forward.
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Posted in I-485 Forum on 14 Mar 2018
Topic: May VB prediction


Just because you are in that sh@#$ty situation where you are stuck with your effing Fortune 50 employer who has sponsored your EB2 and now you can't DOWNGRADE to EB3, you have no business talking me down by calling my ex employer as GC Shop. I work in bay area where these evil fortune 50s have forced all able and qualified individuals like me to work for them through a vendor so that they can milk us year after year while we wait on an H1 to get GC endlessly. I have been working with the same end client for last 15 years and have changed the middle vendors for like 5 times now. Based on my skills set and performance, this client of mine should have hired me in FT position already. This client routinely conducts layoffs every year and mass layoffs every two years. I have survived all of these layoffs based on my performance and contribution to this firm. But you know what, this evil client of mine will not hire me ever as an FT because guess what it does not have to - ever. As long as I am on an H1, slogging it out for him through a vendor, he doesn't have to do a damn thing. Majority of the H1 holders are in this situation today.

Sure, you may be with some glossy tech company in a full time position, then be in that position and shut the eff up, stop talking down others. You cant have best both worlds. You are bragging about the fact that you are not with a GC Shop. And at the same time you are jealous of individuals like me who may have an option of going back to the old employer when the date becomes current. Stupid you. And Good luck to you. What if you get laid off, your no-GCShop effing employer will immediately revoke your H1, kick you out of office, revoke your I-140, and you will back on the streets looking for another sponsor. What happens then? Do you think you are in some great position here? We all are slaves. One slave cannot talk down another slave by telling him that his shackles are made of gold, that is absolutely stupid and low of you.

These so called GC Shops are honestly actually a big help in this situation. My ex-employer is willing to stand by me even after I have left him 4 years ago. He does not have to, but he is willing at least. And mind you this option is not that easy, it may not even work out as planned - stop being jealous. But I would take such an employer any day over evil corporations who are exploiting 100s of thousands of helpless H1 workers through a EVC model. EVC model solely exists because these evil and greedy corporates want it that way. This same evil client of mine, have hired many friends of mine on an H1 and either laid them off during the ritualistic layoffs it performs every year. Or have actually refused to file GC for them after hiring them on H1 visa. This employer actually told some of such unfortunate H1 employees to GO BACK TO INDIA and work in Indian operation when it came to filing their GCs. And I know many such fortune 50 employers who are giving such treatment to their H1 employees.

All H1 workers are going through shit load of problems and a stupid effer like you make such comment unsolicited? Pagal ho gaya hein kya? I mean, are you kidding me here? What is your plan dude if your anointed effing super employer fires you when the date is just about to become current? Go back to India, right? What else? Join a GC shop then? Will you join a GC Shop then? Stop acting cool or premium here. You are just a stupid slave who left his own country and living here off mercy of your visa sponsor. That pretty much defines you and all others like you. So stop acting premium here. Come down to your senses. If you are so proud of your employment status, go and lick boots of your sponsor if that makes you happy.

I had not pursued a couple of FTE positions a few years back in the hope that the date will become current soon and did not want to rock the boat. That plan did not work out as planned obviously. Last year I got a contract-to-hire job offer in one of the world's number one type of tech companies and they immediately rescinded the offer the moment they come to know that they have to sponsor me on an H1. It was literally repelling for them to even think of sponsoring a candidate for that fast moving position. Things are really grim for experienced candidates who are still on H1 status. Nobody wants to touch them. In such a situation, one needs to be careful of passing stupid comments is all I am saying. Today I am working with a big 10 consulting company as an FTE and for this client on a long term program.

So don't give me that BS of GC Shop, etc. Fact of the matter is that you don't have such an option, and you are f#$%ed royally and scared s$%^&less what will happen to you if you get fired from this job (of which there is every possibility mind you in next 1700 days, LoL).

So relax. Mind your words.
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Posted in I-485 Forum on 14 Mar 2018
Topic: May VB prediction

Thanks AceMan1

I don't think downgrade is unethical at all. An upgrade based on false records or data could be termed as unethical. But not downgrade.

And moreover, this is a war here we are talking about. Silent war against slavery, injustice, delays, lost opportunities, lost moments in life and so much more. So much is at stake here that everything is fair now.

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Posted in I-485 Forum on 14 Mar 2018
Topic: May VB prediction

Thanks AceMan1,

Glad to be interacting with you after so long.

Thanks for your feedback. But a quick clarification though - I have 3 petitions pending, first petition was in EB3 with employer A, then he successfully filed second petition in EB2, then I left him and am currently with employer B who filed a petition in EB2. So my question is if I have to file in EB3 with employer A, there is no such thing as DOWNGRADE involved. Employer A would just pick my EB3 petition and do the next steps. Correct?

Then what do people mean by DOWNGRADE when they say that term? Does the term DOWNGRADE means something other than employer choosing to file in EB3 instead of EB2?

Please advise.

Thanks as always.
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Posted in I-485 Forum on 14 Mar 2018
Topic: May VB prediction

Let me first congratulate all the EB-3 folks. A huuuuuge congratulations to all of you, you deserved it more than any other category.

Now coming back to my serious question - I keep hearing about this all the time, that for the porters (I am one of them), if EB3 is likely to move faster then EB2 in the near future, then people will start "DOWNGRADING" from EB2 to EB3. I have not really understood this. Let me explain my case in detail.

I was with Employer A, he filed my GC first in EB3 (deliberately so that he can milk me for longer time even when my profile was fit for EB2). After making much noise, he decided not to be an a'hole and agreed to file it in EB2. When asked about a hypothetical situation about EB3 becoming current before EB2, he and his lawyer explained to me that WHICHEVER application out of EB3 & EB2 becomes current FIRST, they will file that application as soon as the date becomes current.

Now I am with employer B and has filed my application in EB2. Now here is my plan based on the information so far. If in case EB3 becomes current, I am going to fall back on my original EB3 application and going to ask employer A to file my application ASAP. Because, remember based on their understanding, whichever application becomes current, that will be files first. Now my questions are as below:

1. Is the approach described above is correct in the even that EB3 becomes current first?
2. If it is correct, that means there is no DOWNGRADE required for me as I already have an application in line for EB3, correct?
3. Then what does DOWNGRADING from EB2 to EB3 really mean?
4. Is there anything about which I have to worry here?
5. If I have to downgrade, what needs to be done really? Because per my employee, he has filed my application in both the categories.

Please advise. I would really appreciate if the experts can provide some valuable advice here.

Thanks as always, and best of luck to you all.
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Posted in H-1B Forum on 10 Mar 2018
Topic: Article in WIRED on potential cancelling of H4-EAD

There is an article in Wired magazine about this topic. Not sure, how much of an impact it would have but at least someone in main stream media is taking notice.
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Posted in I-140 Forum on 26 Feb 2018
Topic: Immigration Reform is coming soon


And why would that be? What is supposed to happen next year? I am not keeping track of things anymore so I am really not able to make the connection here. Can you please elaborate?

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Posted in I-140 Forum on 19 Jan 2018
Topic: H4 stamping. Canada or India?


I would like to add my 2 cents.

In general there is not harm in trying Canada option. Just note that if the stamping gets delayed, you have to have enough funds to stay put there till you get your passport stamped.

My wife has done it from there once many years ago, the process was good and simple, the result was positive. But this could be a totally different experience for someone else. The only other point which I would note is that the appointment wait times are quite long - one to 2 months. So you may want to get it done from India if you want to go out anyways right now to India.

Canada wont offer any special benefit except of course less rush compared to India and you dont have to go all the way to India. Thats all.

Best Luck
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Posted in I-140 Forum on 30 Dec 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Yes, totally agree. The whole system literally sucked our blood, sweat, dignity, money everything for decades, dangled the carrot of that effing GC in front of us and we kept running to grab that carrot which kept on dangling in front of our eyes but never coming too close. And now after waiting for years and decades they are now asking us to "self-deport". This is absolutely disgusting, unjust, cruel and unethical of them to now come out with this insane proposal.

Something in me tells me that this indeed is going to happen. They will kill the 6+ years extensions soon as they can. And mark my words - it is foolish to count on HR392. It is absolutely nuts to believe that the administration which wants kick us out of this country for good will ever let this bill pass.

Time to move our collective behinds and start packing. To hell with this system.
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Posted in I-140 Forum on 28 Nov 2017
Topic: Raise Act

Do not be personal !

I have a quite new PD ~ 2016

and Quite high points

By looking at your English language skills which honestly are QUITE pathetic, I am QUITE sure that you will not QUITE get GC through the point based system because your score on English test will be QUITE QUITE QUITE low. So despite your PD being QUITE new and you having QUITE high points you will not QUITE get GC.

Hahahahah, na jaane kahan kahan se loga aa rahe hein. Bakwas.

Please take it personally.

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Posted in I-765 (EAD) Forum on 28 Nov 2017
Topic: Future of H4 EAD in 2018

First of all you are exactly doing the same thing for which you were criticizing others on this forum- posting on trackitt forum and murmuring, whatever that means. LoL

Secondly, IV has already intervened in this case and are one of the parties in this law suite.

Now you can go back to murmuring on this forum. LoL :-)
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Posted in I-485 Forum on 27 Nov 2017
Topic: Need to make a decision-Move to Canada or stay put (EB2, 2010)

Here are my 2 cents

1. One the PR is approved, first you have to do a landing using the documents and visa provided by the Canadian authorities. This is often called as landing using PRTD (permanent resident travel document). You have to do this before the expiry date mentioned on PRTD. Notice that you still would not have a PR card at this stage.

After you do lading, from within the Canadian boundary, you will have to apply for the PR card. I had my PR card applied by another person and got it received at his address and then he mailed it back to us in US. You would need to either follow this route or a much preferred route of applying yourself in person and waiting for a PR Card. But in that case you would need a valid address where they can mail you the cards.

Once you get a PR card, you can use it the next time when you enter Canada.

The residency requirement is 730 days from the date of landing (and not calculated backwards from the PR card expiry date) out of 5 years. As long as you meet this requirement you are good,

2. Yes, thats what we are doing, But honestly it is a risky method. If one of you can manage to work from Canada, you should land here in advance be done with this requirement.

Please use forum. It has all the relevant sections for such topics. And you will get great advice from the expert members.

Best Luck
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Posted in I-140 Forum on 20 Nov 2017
Topic: Will HR 170 affect you?

Thank God, I am a founder and CEO of a stealth flying car startup although strangely I am still on h1B visa. But hey, I make 2 million in base salary and another million in bonus. So it goes without saying that I am not impacted by this stupid regulation. Cheers :-)
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Posted in I-485 Forum on 20 Nov 2017
Topic: Work on TN visa & get GC when date is current?

Bumping up the thread in hope that that last question is answered by some body. Thanks.
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Posted in I-485 Forum on 16 Nov 2017
Topic: Work on TN visa & get GC when date is current?

As many have also mentioned that a TN visa is unlikely to work for an Indian national like you where the goal is to obtain US GC.

Bottomline is a TN and a pending GC application do not go hand in hand. and applying for one one while other is pending is fraught with risk that could result in a denial for both.

If you want to move to Canada while an immigrant petition has been filed on your behalf - you either need an AP that was approved prior to your departure or an H1B that you can obtain while living in Canada.

Your best bet is to move to Canada and have an H1B that allow you to return.

Thank you for the response. So I have 2 options:

1. At this point of time, i just have approved I-140 but no EAD or AP. So as you mentioned for me the safest bet would be to come back in USA on an H1 visa rather than TN So are you saying that even if I become CA citizen, instead of TN, I should opt for H1-B instead for reentry in USA? Please confirm.

2. What about the other option - to stay in Canada, become citizen continue to work in Canada and change the existing GC application from AOS to Consular Processing with US Consulate in Canada. Earlier many people suggested as this to be a better option. What do you think about this option. Are you saying this option is also not safe? Please elaborate.

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