Sunday, June 26, 2011

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  • texanguy
    01-14 02:08 PM
    can you define the letters please?




    Here are a few equations... :) :)
    VB = W + A + H + O <--- 2008 Dem vote bank
    VB1 = (W - ΔW1) + (A) + (H + ΔH1) + (O) <-- pro-illegal policies
    So Δ(vb1-vb) = ΔH1 - ΔW1 (it may give them some additional votes.)

    VB2 = (W - ΔW2) + (A) + (H - ΔH2) + (O) <-- pro-legal policies
    and Δ(vb2-vb) = - ΔH2 - ΔW2 (significant loss of white and Hispanic votes )

    Based on this - Dems can't afford to be seen as Pro-legal.





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  • TomTancredo
    01-15 06:26 PM
    I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

    I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.

    I think this is a wrong forum . you might want to get in touch with NRA (most of the members of NRA are very conservative ) .... They might help you or make you a plaintiff in a lawsuit.. Supreme court may very well favor you given their recent second amendment rulings :)





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  • GCNirvana007
    08-25 01:34 PM
    I went thru TSC-EAC-TSC cycle. I did quite a bit of research online :) and found they did approve those cases, if PD is current. So, that shouldnt be a hurdle. Key is make sure you have all the checks are passed and current.

    Well, there you go. Good news to sdrblr.





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  • chanduv23
    10-02 04:57 PM
    Will be there

    Glad that you will be there :) Please take the poll



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  • GC_LOOKIN
    08-27 10:45 PM
    Expectation is itself on July 2nd courier based Apps were around 20000+ but ofcourse after 2nd the no. of applications significantly reduced hope for the best

    I am on the same boat, my application was also received 9:01 AM Fedex signed by R.Mickels. I am not sure what the hell is goin on..it's all messed up..:mad:





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  • Honda
    04-15 02:28 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

    Sorry to hear your situation. Please let me know right now which state you are? i have some options to tell you.



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  • rashu_gulati
    08-13 06:36 PM
    I got a new job and joined on EAD. left 3 yr h1 validity for this job
    Current ead expires on sept 5 th, if i don't get renewal by then , i would lose my job as it's big company. I field on June 24th and receipt date is june 25th
    any inputs if i can do anything before 90 days





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  • gvenkat
    09-05 02:25 PM
    I hope you are wrong about this. I do not see anything on the Approved AP that it should has been used for "humanitarian" purpose. It just mentions that the intention of AP is to allow the AOS applicant to return after temporary travel outside US. Correct me if I'm wrong.

    You are wrong. Read the document completely. it does say humanitarian or public benefit. having said that there are abt half-million people in US who are in AP today.. so i dont think the immigration officers wont harass us so much.. :)



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  • 485_spouse
    10-14 10:33 AM
    AP Filed/Reciept date: June 1, 2010
    Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.

    We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.

    Is there anything else I need to know before I meet a rep during the Infopass appointment.

    We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.

    Any input will be great.

    -Thx
    Please post your info-pass experience. We are in the same boat. My wife's AP is pending since 6th June 2010.





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  • la_guy
    03-15 09:47 PM
    Criminal lawyers charge exorbitant fees and they dont do anything. There is a free show in kgo in bay area (http://www.kgoradio.com/) by a lawyer named as Len Tillem (www.lentillem.com). You tell your issue in the radio show and he can give you valuable suggestions. His program runs everyday from 12 to 1pm and in sundays from 3 to 7pm... Go checkout...



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  • eb2dec2005
    09-22 02:13 PM
    My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.

    Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.

    Now the big question is, how do i initiate this whole process?

    I really apreaciate all your suggestions.





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  • rb_248
    02-07 09:42 AM
    Does your job requires you to have a Master's degree (or B.S. with some experience)? If it does not.....then you dont qualify for EB2. There is more to it. This is just a simple illustration. Even if you are a PhD if you take a job that requires only B.S. then you only qualify for EB3. This is my understanding.



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  • n2b
    08-15 12:18 PM
    It would give some idea I think

    http://www.usvisahelp.com/art_intent.html

    In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment


    Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.

    For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?





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  • gg_ny
    04-03 02:32 PM
    Hi Ragz4u,

    This is THE time to stop answering negative mails,and convincing chronic doubters. It definitely distracts. Maybe until the bills gets to voting on the Senate floor, we should all unilaterally stop spilling out our doubts and apprehensions on to the forum. Any serious chronic and obsessive doubters should write a PM to Ragz4u or any other internal contacts.

    Now, coming to more useful part: Many of the universities and research institutions employ chinese and Indian postdocs and researchers on H1. Many of them sponsor GCs via EB2 and rarely EB1. Although many members here in the forum are under EB3 (isn't it?), the retrogression affects both EB2 AND EB3. The catch is, these institutions come under (many of them if not most) a category called non-profit, no cap etc. Looks like they cannot, as institutions, lobby against retrogression. I personally tried to do this in my institution but I was turned away; also my institution is very small unlike for example: University of California schools, or University of Texas schools. In all these institutions, the affected researchers work for individual Nobel laureates, accomplished professors (both chinese and Indian origin AND native born Americans) who can support the efforts. That requires a nodal point for information exchange. One side, IV can do this and on the other end, there are somethings called: postdoctoral fellow associations in many universities.
    They are cataloged at: http://www.nationalpostdoc.org/
    It will make more sense for an organization like IV trying to convince NPA to raise this issue than individuals like me. I have been in science for 14 years and I say from my experience.

    There are two renowned science journals that talk about career issues.

    The journal Science www.sciencemag.org has a portal called NextWave that deals with career issues of scientists. They frequently write about many visa issues but they need to be dealing with a resource to write about retrogression etc.

    http://sciencecareers.sciencemag.org/

    Another equally good portal belongs to Nature journal:
    http://www.nature.com/naturejobs/magazine/index.html

    Eveybody talks about retaining best talents back in US but there is no support heard from academic communites on this. So instead of answering
    chronic doubters, IV should try to reach out to these organizations.



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  • funny
    10-01 10:58 PM
    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?

    What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment





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  • kks_sundar
    05-07 12:13 PM
    I have citizenship already. I am just waiting for GC:)

    My parents are getting old. I am going back in 3 years. Heard from friends, earn enough and go. There will never be enough.

    Almost, all of us started here from Nothing. Now we have atleast something to start with. Yes there is always things for Pros and Cons.

    I am not worried about GC. Waiting for a good opportunity to jump back to India.

    It will be really nice if I can get work from home job from US and settle down in a hill side with nice estate in India. :cool:



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  • unknown123
    03-24 06:11 PM
    Thanks unitednations,

    The information was very helpful for me and others as well.

    I think my education evaluation and MCA degree doesn't specifically state that my Master's degree was a three year degree course.

    I now have a letter from University stating that it was a three year degree course and we are going for a fresh education evaluation.

    I think the lessons learned here is to make sure that the degree and/or EE should clearly state the duration of course.

    Any other suggestion or past success is highly appreciated.

    Also, my RFE respond date is April 22, 2011 and not March 22nd as mentioned in my orginal post.





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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





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  • ganguteli
    03-01 03:21 PM
    no comments ?
    people we are coming close to the situation where it is "do or get fried :)".

    I disagree that the situation is very bad.

    It is bad only for those that are laid off on H1B. All others have EAD and are happy. They will realize the bad situation only when they cannot take a promotion or salary raise or cannot change job due to same and similar. Or if I485 gets an RFE or denial.

    If the situation was bad, more people would be serious about your idea including you. Even you are not willing to do anything yourself other than asking others to do it. So this is the fate of immigrant community. We all do not want to do anything ourselves unless we ourseves are in a bad situation.





    abracadabra102
    02-13 08:35 AM
    I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .

    -vinod

    Is that a 10+3+1 education?. If it is, USCIS should have denied your I140 the first time. At least, you could have re-filed in EB3. Try to open MTR as others have suggested but do not hold your breath over this and get ready to file another labor.





    gc28262
    05-27 06:23 PM
    IV admins,

    For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?

    Appreciate if we could get more details about the planning for these three days.



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