Wednesday, June 22, 2011

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  • indianindian2006
    07-14 06:49 PM
    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.

    This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
    Good luck.





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  • axp817
    01-30 01:31 PM
    Sorry to hear about your plight, what do you plan to do if the RFE is for employment verification?

    Please do keep us updated, it will help other members in similar situations out, and you might find some useful advice as well.

    Good luck.





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  • gautamagg
    04-23 03:47 PM
    Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .

    As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.

    Tone yourself down before you point fingers elsewhere. GC is not your birth right.

    As an IV member so you should have spoken out IV cause. If you had personal issues, you should seek personal appointment with the congressman and meet him. Do not use IV forum and IV political capital on furthering your own agenda.

    If you want to go back to your country. Go back. If you want to do hunger strike do it. No body is stopping you. But do it on your own and not ruin our greencard chances. Greencard is not important to you, but it is important to us.

    If you think Harvard and Stanfords are dying to have you as a student and totally back you in your mission, then you should use their forums and offiices to further your agenda and not IV's.

    If you want to preach free speech, then please go and give this lecture to your Harvard and Stanford'd Deans and have them all listen to you.





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  • needGCcool
    03-12 09:51 AM
    I do care for the dates..but I am more disappointed with the language you use....This is a public forum...Learn some manners is all my point was to you.

    Aadarniyah Mittar,
    Aapki date current nahi hooyi toh mera kya kasoor...Lagta hai aapko bhi October tak inteyaar karna padega.



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  • SunnySurya
    07-03 09:28 PM
    May I suggest the following reservations:
    20% Other Backward Countries (OBC)
    15% Scheduled Countries (SC)
    15% Scheduled Territories (ST)
    5% Kins of the armed forces
    Remaining 55% for Highly Skilled people





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  • nixstor
    07-05 03:47 PM
    Since the sentiment is so strong against freeloaders - aren't all the people not donating to AILF freeloaders too ? Let's donate to AILF too while we are at it...

    My posts were not intended towards any one particular incident. I am talking about the lack of understanding behind the website, its main agenda and what we as a community should do. It is not about for one particular incident.



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  • PD200711
    06-11 01:03 PM
    Sent to my Senators (NC)





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  • desperatedesi
    07-23 08:18 PM
    Hi,

    I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.

    Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:

    Please can someone say with authority whether it is needed or not needed?

    Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.



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  • srikondoji
    07-20 03:11 PM
    Virald,
    What makes you start another stupid thread?
    There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.

    Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"



    I don't know, I am trying to figure that out too.





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  • sanjaymk
    07-17 06:34 PM
    Here is a rough draft of what we could use for the Webfax, please feel free to add/modify and change it to get to the final version. I feel it is a little too long so feel free to suggest your changes.

    The Truth Shall Set You Free � Bible.
    OR
    This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt

    Respected <<Senator>>,

    I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.

    NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    I would like to take the second point and prove the fallacy of this vicious propoganda.

    A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that

    ..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income

    Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)

    As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.

    I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.

    Respectfully Yours,
    <Name>


    Appendix.
    ========

    http://www.irs.gov/taxtopics/tc851.html
    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)


    ================================================== =====



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  • New Honda CBR 250CC



  • alterego
    08-15 10:08 PM
    Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.

    That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
    EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
    Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.





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  • kaisersose
    03-07 10:54 AM
    AC21 is simple and requires nothing from the new employer other than the offer letter.

    Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.

    However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.



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  • snathan
    06-10 01:44 PM
    @eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.

    Remember the GC is for future employement. USCIS can anytime ask the letter to prove the job offer is still there. I know coupld of guys got RFE for the same.

    If there is no job, the underlaying I-485 become invalid and so there is no AOS.





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  • rajuseattle
    07-14 05:31 PM
    ajthakur,

    You should have wait for at least 6 months before switching jobs.

    You can talk to the attorney who can give you some advice on AC-21.

    Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.

    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.

    Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.

    USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.

    Hope this helps...I am not an attorney, but thought my few cents might help you.



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  • snathan
    08-21 08:20 PM
    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.

    I am not sure what you are trying to achive here by trying to prove your legality. Normally the USCIS wont come after you immidiately. But once you are not able to provide what they ask, they might deny your I-485 and ICE will be at your door step. So try to fix the problem before its too late rather than wasting your time here.





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  • thesparky007
    02-16 08:55 PM
    so!!!!!!!
    none of them is free???



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  • saatiish
    07-13 10:40 AM
    Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.

    yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)





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  • kvrr
    01-18 10:24 AM
    Hi,

    Appreciate your work for IV and thanks for starting the recurring payments. I realize that IV needs funds now. Can you start another thread and mention a goal amount required in the next 1 week. For example, if you think IV needs 10K in the next week, start a thread with that heading. Whoever is willing, will make additional one time contributions apart from their recurring contributions.

    Regards





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  • lvinaykumar
    04-24 11:53 PM
    Congrats guys





    karanp25
    07-14 06:23 PM
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?

    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





    Wendyzhu77
    01-19 10:22 AM
    Apparently, the police officer told you the exact story: by law you should carry all your immigration documents, but in practice a passport is good enough. By law he could deport, but in practice he won't though he had enough opportunities.
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.



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