Saturday, June 18, 2011

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  • paskal
    01-27 01:54 PM
    alisa

    i hope that country caps are removed
    i also hope it's not at your expense :-)
    i don't see why people think these things are mutually exclusive
    we all want the best to happen- for ourselves- and as much as we can help it
    for everyone else too!!
    great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
    i do suggest that the final summary should show 3 examples

    China EB2 and EB3
    India EB2 and EB3
    ROW EB3

    this way everyone affected sees something about themselves





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  • WillIBLucky
    11-22 01:23 PM
    I dont think that is correct - as per my lawyer this is what she says -

    In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

    1. Your I-140 must be approved
    2. Your I-485 must be filed and pending for at least 180 days
    3. Your new job classification must be the same as in the old job

    If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

    So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".





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  • jfredr
    04-20 01:57 PM
    I recently joined the forum with $20 Contributions.

    my story is also same as many of u . Stuck in

    Retrogression

    thanks





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  • DesiGuy
    09-11 10:56 AM
    another hurdle and another uncertainty. wait goes on...



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  • meera_godse
    01-31 02:15 PM
    1. Is travel advisable or even permitted during such a transition ?

    2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?

    3. what if one travels when H1 has been filed but not yet received.





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  • actaccord
    02-17 03:38 PM
    have the process/steps on how to redeem those air miles ?



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  • gimme_GC2006
    04-06 05:53 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:





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  • Ramba
    07-15 10:54 AM
    I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.

    Will this cause a concern with USCIS as
    1. This company applies for 140
    2. Revokes an approved 140 when employee quits
    3. Is again willing to offer the job

    Should I take AC21 route instead as I have an offer with the company B.

    If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.



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  • ash123
    02-12 03:41 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





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  • willwin
    07-28 01:02 PM
    I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(

    You are one funny guy in this thread with high sense of humor!! I like that!!!

    Only thing I don't like about you is - EB2. (Need to say I am EB3?)

    LOL.



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  • checklaw
    07-02 07:56 PM
    Contributed $100 in the evening





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  • retrohatao
    02-15 05:00 PM
    indi0617
    Tried every thing:
    1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
    2. Contacted Congressman- nada
    3. Contacted senetors - no help
    4. E-mailed FBI- No reply
    5. Faxed several letters- might have gone into trash bin
    6. Sent snail mail. They have received it. Probably using the paper for various other uses.

    That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.

    You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
    Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care



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  • HOPE_GC_SOON
    08-02 03:13 PM
    Folks,

    This is a good beginning for a cause which gives us some relief in these retrogressed life.

    We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.

    This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.

    Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.

    Please start this movement.

    best wishes and thanks for all the great Volunteers.

    No doubt if, IV wish, it can achieve... No Wonders

    thanks



    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??





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  • kshitijnt
    01-31 05:35 PM
    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.

    In case of a dependant 485 there is no requirement to be paid on EAD.



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  • suriajay12
    02-19 06:56 AM
    How exactly are illegals going to prove that they have been here for more than 5 years?

    I think this is a good one. It supports legal immigrants.
    I dont agreee with this dvb guy. 5 years legally is lots of time. And I now know people who are 10-15 years here. He will want to say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligivle, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.





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  • smuggymba
    03-12 11:12 AM
    great job guys. There was no spillover and the dates did not become current and everyone is blaming IV. Stop contibuting to IV if they are the one's who were not able to make it current. Stop ranting like ladies in a kitty party.



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  • ak27
    01-22 06:10 PM
    I do not believe anyone has called yet... Please go ahead make calls to sentators. Core memebers were also suggesting that we get in touch with Congressmen/Congresswomen.





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  • nandakumar
    11-21 02:30 AM
    I also got a letter with same information.

    Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.

    Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"

    Jusy wondering any one got this reply..





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  • arupkumarsaha
    07-28 10:54 AM
    its amrit..drink of the gods...so its befitting.
    What is next ?
    Lord Ganesha on the ad of a cathouse called "Apsaras" , that also befits the taste of gods !

    Let me also add that am so fat that people had nicknamed me "ganesh" and I raise objections at every possible reasons whenever the "ganesh" sysmbol is propley misused (like my nickname :-) .

    cheers,
    Arup





    greyhair
    09-09 02:36 PM
    With republican House there is zero chance of anything happening on any kind of immigration bill. Nothing other than border security will be taken up. It will be best to kiss good bye to GC dreams if republicans win the House.





    ek_bechara
    04-07 01:49 PM
    Can the admins set up a sticky thread for rumors that CANNOT be edited by anybody but the admins themselves. Some people on this forum have way too much time on their hands with the friends friend nonsense. I'm unsure what kick people get out of coming up with putrid talk.

    BTW, spreading rumors and creating public fear is a federal offense. Before you post your friends friend story, you might want to think this thing through. Based on your rumor if somebody goes through physical or mental harm, the source of information WILL be traced back to you. At that time your ass is somebody's property will NOT sound like a rumor. Get back to work and do something productive.

    If there is any truth to this story then you will see something on murthy.com or other AUTHENTIC immigration portals. If and when that happens, which I highly suspect, we as a community can get together and work through IV and other avenues to address the issue.

    Over and out



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