Saturday, June 11, 2011

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  • EndlessWait
    07-17 09:43 AM
    or Boston area.




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  • needhelp!
    02-12 11:49 AM
    Thanks mpadapa!




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  • mrdelhiite
    07-20 02:03 PM
    Hi ,

    I have a my my case in pending state for H1B transfer from company A to company B.

    Pending status h1b with company B.

    From Company A : I got the Labor and I140 Approved.
    I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.

    Can someone try to help me on it:(


    H1 and green card are seprate things. H1 is for current employement and green card is for future. If down teh line you can come back to employer A you should be fine. Although all this can generate a RFE. Please consult a lawyer. I recommend Rajiv.
    Hope it helps.
    -M




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  • bondgoli007
    06-26 06:09 PM
    I know IV is doing its best and there are other groups fighting for HR 5882.

    But honestly, what are the chances for this bill to succeed this year (before election)?

    100% or 75% or 50% or 25% or 0%

    Ron Gotcher predicts that none of the individual bills may pass this year.

    And also that EB3 I may not move forward even next year!

    I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).

    Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?

    First of all, I can commiserate with you and understand how important any news about the expected PD movement is. However I am sure you will also agree if nothings changes, the agonizing wait will keep getting longer. Now what needs to change and what the success percentage is at least partially up to us.

    By believing that no matter what, EB3 is destined to have a long wait you might be not taking advantage of the possibility that there is some chance (no ones know how much) that things might get better. So lets just put our combined optimistic efforts into this initiative because that is a prerequisite for any change..now or later.

    All the best and hang in there pal!



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  • Michael chertoff
    03-28 02:28 PM
    Hand toasted pizza with tomotto sauce and garlic bread.

    Mr. snathan, what is your PD or you already got GC.




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  • Appu
    03-17 10:09 PM
    Appu, what abt labor cert? Does this advanced degree-holder still have to go thru labor cert? If yes, then the person with advanced degree but no experience has no advantage.

    Yeah, that's the tricky part. I think all professions that require advanced
    degrees in STEM have been classified (by Section 406) as Schedule A.

    Which means you file ETA form 9089 directly to USCIS NOT to the DOL.

    That's the "special labor certification" that the Specter mark-up refers to.

    The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.



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  • vin13
    02-26 11:04 AM
    My Mother in law is severely sick, and my wife needs to travel asap. We need to get her AP, as it's expired.
    1. Is there an urgent processing option for the AP? And how ?
    2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?

    Thanks,

    Just go to the USCIS office even if you do not get an infopass. Go with I-485 receipt, 2 passport size photos. If you go first thing in the morning, you might be able to get the AP issued to you the same day. MAKE SURE YOU TAKE A LETTER FROM THE HOSPITAL/DOCTOR STATING HER CONDITION. It can be a faxed copy.




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  • GCard_Dream
    03-21 02:48 PM
    ... but only after they have issued a greencard to each one of us. :D

    I propose to dissolve USCIS. No matter what USCIS failed in all respects of appeasing

    1. Indians
    2. Chinese
    3. Mexicans
    4. ROW
    5. Philippines
    6. EB1
    7. EB2 - NOW
    8. EB2
    9. EB3
    10. EB4
    11. EB5



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  • gcformeornot
    03-20 06:56 PM
    I have had this query before. I had an H1B stamping on my passport for a company I never worked for. (Company A)

    But, when I applied for a H1B for a different company (Company B). My lawyer asked me if I ever worked for them and received any salary from them ... this was a RFE on my H1B case.

    All I did was replied to my lawyer with a negative answer to both questions (worked, salary for Company A).

    I got my new H1B approval I guess within 30 days of that RFE reply.

    You might want to contact a lawyer to draft a reply to USCIS though. I do not have a copy of the letter to provide to you ... Sorry!

    not be as simple as H1 renewal. G325 is pretty important form. The information provided on it is wrong. They could treat it as falsifying document.

    OP please contact your lawyer asap.




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  • gcisadawg
    09-29 09:48 PM
    It depends on the day. I had great experience with all the airlines that I've traveled so far.
    (Air India, Malaysian and Lufthansa)

    When we traveled with our twins on Lufthansa they were extremely helpful. They even went to the extent of checking our documents ( as opposed to standing in the line) in the sitting/waiting area at Frankfurt airport for us.

    The ground staff at one small Indian domestic airport floored us by bringing a Jeep near the plane (as opposed to walking to the terminal from the runway).

    I believe when you are with small babies, airlines goto great length to help you.
    At the same time, when we fly next, we would go with lower expectation since you never know when the law of averages will catch up! I know its due! :D

    Thanks,
    GCisaDawg



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  • MunnaBhai
    04-25 06:49 PM
    Transaction ID: 04K54078UX545415J through paypal. Will contirbute more.

    Thanks




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  • edaltsis
    05-31 04:39 PM
    Why fly other airlines in the first place? Travel by Air-India and get rid of these issues besides helping the ticket money go to India.



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  • axp817
    09-25 09:13 AM
    Looks like USCIS is sending more denial letters on AC21 cases these days, a lot of VOs may not have been trained on AC21.

    I took infopass this week to find out status of my case (AC21 responded to NOID and case reopened and lot of soft LUDs) - the VO was trying to be judgemental instead of looking at computer and answer my question. She said "If you change job and 140 is revoked, there is no way your 485 will get approved" and when I insisted her to look at computer and let me know status, after some nagging, she looked and told me case is pending and NC cleared and I will receive a decision sometime but not very soon.

    Believe me, a lot of VOs do not know AC21 stuff.

    In such cases, where the InfoPass people (IOs or VOs or whatever they are called) pass judgement on whether your 485 should be approved or not, does it help to bring a printed copy of the AC21 Aytes memo (issued in Dec 2005)along to show to them? It is an official USCIS document and it clearly states the following.

    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.




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  • Ahimsa
    11-08 01:32 PM
    ... I personally find, Ombudsman's posts quiet interesting and good food for thought. They are put forward in a very professional manner unlike some people who use insults and sarcasm...

    May be you do not know the meaning of three red dots for TheOmbudsman (it used to be two red dots this morning), which is "so many IV members do not like his postings" i.e, TheOmbudsman is "anti-IV"

    FYI, if he does not like a posting with the word "CIR", why can't he ignore the post instead of replying to it with an assumption "people who mention CIR supports amnesty".

    IV members support CIR just because it has EB reliefs (manager's amendment) - is it not simple enough to understand?
    As someone pointed out from TheOmbudsman's posting, what "Rumsfeld resigning" has to do with immigration? What food you get from here?



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  • nixstor
    06-24 05:47 PM
    Just called.

    The lady's voice lit up when I told her I was from San Antonio. She took down my information and zip code.

    She told me that she has informed other callers to also ask people from Mr. Smit's district to call. That would be more effective.

    June05,

    Encourage your friends to call for themselves and your co workers on your behalf.

    if you can talk to your boss and have him/her call on behalf of your organization explaining the difficulty, its even better.




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  • saileshdude
    03-20 11:28 PM
    As so many members have posted there is no such thing as H1 transfer. If OP continued to work for employer# 2 without joining employer X that is fine as long as OP's employer 2 did not revoke the H1 petition. So OP should be fine , all he has to do is point that he did not accept employer X offer and decided to continue with current employer (i.e. #2) and his work with employer 2 was authorized based on the continued validity of h1 petition of employer 2. Now I saw that OP mentioned somewhere that he used EAD when his H1 with employer 2 expired. This could be a potential reason for the RFE. Here's my take on it:
    When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.

    In any case the OP should get a good lawyer.



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  • jchan
    02-25 12:37 PM
    I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.

    Just for starters, here are the benefits I can think of about pre-filing of AOS:

    - By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
    - Create more revenue for USICS (DHS) via AP and EAD applications
    - Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
    - Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
    - EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.

    Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.


    Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
    - Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
    - Must have priority date older than a certain number of years
    - Must have been in the US legally for five years
    - etc.



    Read again
    (3) an immigrant visa is immediately available to him at the time his application is filed.

    Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).

    If you still have doubt, talk to your attorney and post here what he/she told you.

    Have a good day!

    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • harivenkat
    05-20 11:36 AM
    Thank you for sharing with me your support for comprehensive immigration reform. I appreciate hearing from you and share your concerns.

    While the United States cannot afford to absorb all those who want to settle here, we are a nation of immigrants. My mother came to the United States from Lithuania with her parents when she was two years old, and our family created a new life in Illinois. It is a testament to the greatness of this nation that the son of an immigrant can rise to represent the state of Illinois in the Senate.

    At the same time, our nation faces a host of problems as a result of years of inattention to our immigration policies. The Homeland Security Department estimates that about 11 million people in the United States do not have legal status, including those who enter the country illegally and those who overstay a temporary visa. I have worked to reform our immigration system comprehensively and in a way that is tough, realistic, and consistent with our moral values.

    While there currently is no comprehensive immigration reform bill in the Senate, I recently joined a number of Senators in releasing a blueprint outlining the basic principles that a reform measure should include. The plan would improve border security by increasing manpower and deploying new technology. It would strengthen enforcement against employers who hire illegal immigrants. Today, undocumented workers are often exploited by employers who hire them. Strengthening the penalties for employers who hire undocumented workers will ensure that both immigrants and citizens who work here are protected by our wage and labor laws.

    If we are serious about reform, we need a realistic approach to the millions of undocumented immigrants who already live and work in our country. We need to offer immigrants who work hard and demonstrate a long-term commitment to be law-abiding, contributing members of our society a chance to pay fines and earn their way to permanent legal status over the course of many years.

    If we do not give people who are already a part of our communities the chance to earn their way to legal status, we will not solve the problem of illegal immigration. People who are living here illegally will stay in the shadows instead of coming forward to register with the government.

    Immigration is good for America, but an employer's first job offer should go to any American who is willing and able to fill the job. I have been concerned about the potential impact of past proposals for temporary guest worker programs on the American workforce. In many industries, the assured availability of large pools of guest workers will give employers an incentive to pass over American job applicants in favor of foreigners willing to work for less pay and fewer benefits. During the immigration debate, I offered a Hire Americans First amendment to require employers to seek American workers for their open positions before they try to bring in guest workers. I have also introduced legislation to combat abuses in the H-1B visa program.

    There is no perfect solution to the problems we face as a result of our broken immigration system. Today, our borders are not secure, our workplace enforcement laws need reform, and our immigration policy fosters a shadow economy for millions of immigrants who simply want to demonstrate that they can be hardworking contributors to the greatness of our country.

    I will continue to work for a package of reforms that will protect American workers and that will be tough, enforceable, economically sensible, and morally defensible. I will keep your views in mind as the debate continues. Thank you again for contacting me. Please feel free to keep in touch.


    Sincerely,
    Richard J. Durbin
    United States Senator

    RJD/ab




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  • rklscp
    05-25 11:50 PM
    I think the issue of Economic Stimulus Package and H-4 dependents is losing the momentum. Where is everyone????

    I agree ---- I think the momentum is slowing down...

    at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!




    cagedcactus
    10-15 09:37 AM
    I missed it, not aware of it, not sure why. I am glad to see this chapter grow. There was a time where we were searching for folks with torchlights. Thanks to Chintu, walking_dude, cagedcactus, bestin and all others who are now making this happen.

    I have a very close friend in Michigan, and asked him to join, but he talks about all hardships, about his HR manager, about his company, about his lawyer, about everything except IV stuff. I am sure there are many more people here doing the same thing. We have to motivate folks to come forward. We cannot afford to have people who are inactive.

    Good luck to you all, try to merge folks from nearby states if they are still not organized until they get organized.



    I will email you and other leaders to keep everyone informed about the activities here. Your guidance will be the fuel for Michigan Machine.
    Walking_dude, and others are also fired up and ready to go. Let me know if I can talk to your friend in Michigan, and request him to join us and come to the meeting.

    Junky, welcome to the chapter.... I will add you to the confirmed list for the meeting on 20th October.




    Robert Kumar
    03-28 07:08 PM
    Can you please tell me what is a Green Card.. :)


    Now, lets stop all the hate we wer showing and see if somehting good can be done for all.



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