Tuesday, June 21, 2011

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  • kondur_007
    02-22 08:29 PM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Thanks,
    Chandra.

    Follow the advise of your lawyer.

    Following is my take on this (I am not a lawyer):

    - I dont think you need to have "continuous employment". (I am assuming that you were not any employement visa (H1) during the "bench period"
    - You already have EVL letter that states that "a permanent job -same or similar- is ready for you once you get your GC"--that is your AC21
    - Your 485 was filed way before "bench period".
    - During the bench period if you were only with "pending 485 authorized period of stay" (ie. not on H visa), you were not "required" to maintain employment any way. (If you were on any employment visa, you are out of status during that period).

    So my advise: Just submit all the documents related to your employment history. Do not lie or falsify any information. You will be just fine.

    Again, this is just my opinion. Follow the lawyer's advise.

    Good Luck.





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  • java4yogi
    08-14 08:07 PM
    Sent emails to Senator Dianne Feinstein (D- CA), Senator Barbara Boxer (D- CA)

    Printed out copies, will post those also.
    Thanks for taking the initiative.





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  • wikipedia_fan
    07-04 11:17 PM
    Hi,

    I have my I-140 (approved in May 07) approved from my previous employer. I am not sure whether he has revoked it or not. I am now working as full time employee with another company. How can i find out if my I-140 was revoked or not? I am yet to file a New PERM, i already got a PERM denial after joining this new employer :( looks like i have to file one more... This looks like a infinte loop :(

    Thank you,
    IR.

    You can subscribe to CRIS email for status updates. But sometimes you may not get the email. The letter may directly go to your ex employer's Attorney.

    Even if you get a NOID, it may go to your ex employer's Attorney. We all know this employer attorney nexus - they are ready to screw you.





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  • walking_dude
    08-13 10:56 AM
    Disclosure : I have already received 2 year EAD (thanks to IV). I have taken initiative to bootstrap the effort to help others who haven't been so fortunate. Since we are all in the same boat let us watch each others back for a change, instead of trying to backstab each other at every available opportunity.


    This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.

    I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.

    Here are the options available to applicants

    1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
    2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
    3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.

    Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.

    Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.


    If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.


    Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.



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  • qualified_trash
    08-01 01:22 PM
    You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.

    Wait a second. If you are not adaptable to the new environment, it becomes a rat race.If the situation is not conducive, your smartness aint gonna help. I think thats what the OP clearly meant. Its not easy for a kid who is in 8th grade in US to snugly fit into Indian System. Coming to the IIT's, Have you ever compared the total number of seats available in IIT's to the accepted numbers from IVY leagues and other big schools. In India, you have to be the best among the best to get into IIT's. You have to be best here and oh yeah.. You dont have to lose some of the smartness to reservations. But I agree with you that parents should let children pursue their own interests rather than thinking about him/her being a doc/eng.
    DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM

    I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.





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  • seekerofpeace
    09-22 09:24 AM
    Fatjoe,
    How can ur case be preadjudicated, yet not assigned to an officer. For my wife's case wea re told several times that her case is not preadjudicated but is with an officer. My case is approved and the officer I talked to said that it seems that her case is with the same officer who approved my case...and that her case is pending possibly becoz of biom issues on my and her case...she said she is sending a request to upload the biom again...wait for 2 weeks...not sure if there will be any positive result but what can we do other that WAIT

    Best

    SoP



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  • antihero
    03-15 09:45 PM
    Why did you do it? Oh why why why?





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  • walking_dude
    10-05 07:38 PM
    Vive la R�sistance. Vive la IV. ( Long live Resistance. Long Live IV.)

    It gives me hope that we can - TOGETHER - silence even LIAR Dobbs one day. It's important to keep firing those fiery E-mails (without getting abusive) till we can cure MMS ( Main Stream Media) from "Lou Dobbs Syndome" (LDS) - spreading canards and half-truths regarding H1B and other legal Immigrants implying their non-existent "illegality" to increase viewership/readership. Most likely it will need 2000 of us to march (again ) infront of the "Communist Nativist Network" (CNN) HQ in Atlanta with our ONE sentence Media Education ( and LDS de-contamination) Package

    Which Part Of LEGAL and HIGHLY SKILLED you don't understand ?!

    I hope that day comes when we can shove LIAR Dobbs lies up his natural wastage disposal mechanism!



    "AMPLIFICATION: The above Washington Wire item on the letter from House Republicans to Speaker Pelosi urging passage of an immigration bill to "help and retain" high-skilled workers refers to legislation that would increase the number of H-1B visas and green cards for high-tech and other skilled workers. The question in the WSJ poll referred to a separate effort, pushed by President Bush, to revamp the immigration system and provide a path to citizenship for those in the U.S. illegally. The item wasn't intended to imply high-skilled workers are illegal immigrants"

    They just updated with the above correction....:cool:



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  • rajchadha
    06-03 09:10 AM
    This is called waste of brain power ... cramming as much as you can from the dictionary and god knows what. It would have been much better if a child learns some skill or diverts the mind towards exploring a problem or invention . What use is cramming the dictionary when it is available right on your phone now . If you have the internet all the world's knowledge is searchable.

    There are much better uses for the brain power.

    People can have different opinion about this ---cramming or not cramming but matter of the fact is that is still a great achievement .
    Proves that we indian rock in whatever we decide to do in life and that can be medicine/IT/Law/ working to do some invention / spelling or whatever. People can have different intrests in life but matter of fact stays same that we indians are one of the most hard working race.
    Good job---Sukanya Roy!!!!!!!!!!! you make us all feel proud !!!!!!!





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  • Macaca
    08-12 11:35 AM
    As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year.

    While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months. (page 37)
    The backlog appears likely to get worse, because a USCIS fee increase -- slated to take effect in July -- has prompted a 50 percent rise in new naturalization applications so far this year. If a new immigration bill is enacted, millions of undocumented immigrants would also apply for legalization. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))


    Currently, USCIS has limited capability to produce reports detailing the status of long-pending FBI name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. The Ombudsman fully supports the expeditious rollout of the BCS system. (page 43)
    the bureau since 2001 has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))



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  • nivasch
    04-03 12:50 PM
    http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20051009/BUSINESS/510090316/1003





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  • rkg000
    08-26 10:04 AM
    Bump



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  • superdoc
    09-19 03:23 PM
    Here is my dilemma--

    MY INFO---
    Occupation -- Physician
    EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007

    I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:

    -New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)

    -New company can only give me a generic letter for employment (EVL) ---
    "To whomsoever ---etc..it may concern..and only briefly describing my title and job description"

    --- My questions to respected IV members

    1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed

    2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?

    PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!





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  • GCAmigo
    05-14 11:16 AM
    When in Rome do as the Romans do.. start eating burgers & you will develop the much needed 'thick' skin.. that should keep you immuned to all those bickerings..



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  • sab
    02-23 12:28 PM
    Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.

    .

    Moderators ban Sanju. He is igniting hatred!





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  • rkg000
    08-25 01:09 PM
    Bump



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  • ujjvalkoul
    05-12 11:15 AM
    Us legals do not have enough numbers (we r like 2% of illegals) nor do we have a political clout like "illegals" here...I am sure that if comes to economics 330K of legals may be equally worth in dollars as 12 million illegals but since there is no way to track illegals, we get teh axe....IF this bill does not alleviate our position...we should plan a major "A Day/month without the legal immigrant " kind of a rally and go on a months vacation....see how that effects the US economy





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  • samcam
    02-01 02:32 PM
    I sent a check for $100 today.

    Thank you volunteers!!





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  • gcisadawg
    09-06 02:10 PM
    Folks,

    We are planning to visit India in Nov 08 after three years. I would be using my AP to return after 4 weeks. My wife is planning to stay there for seven months and plans to return using AP. Based on what I see on this thread, seems like it would be very risky for my wife to use AP to re-enter after a seven month period.

    I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.

    If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.

    I am also planning to consult my lawyer.
    Would this work out? Gurus, pls. help

    Thanks,
    gcisadawg





    Hassan11
    09-07 12:16 PM
    Hi

    I have a question regarding an appeal I did a year ago for a rejected LC.

    I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks





    ivar
    08-11 09:46 AM
    You were the first one to report this bulletin which brought good news to me as i am now able to file I-485. Give you green.

    Dont know if is authentic

    Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)



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