Monday, June 20, 2011

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  • Canadian_Dream
    12-20 01:24 PM
    This MEMO also talks about length of stay beyond 6 years. There has been a lot of controversy involving changing job after 3 years H1B extension based on approved I-140. This memo seems to clarify that a little, but it is still not clear enough about implication of revoked I-140 on the approved H1B.

    See Section 5, Page 7

    Burden of proof rests with petitioner and alien to establish his or her eligibility....

    I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.





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  • perm2gc
    05-22 04:24 PM
    logiclife,

    I am both surpriced and upset by reading your reply, remember you are voice of IV to the public, you are moderator,

    I would like seriously what purpose this message served do you think you can point some score by scaring people and do you think it works, itz cheap shot dude,

    I care less these days, but don't make to loose respect for IV
    We will always sleep and never wakeup.That's all we can do .





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  • ItIsNotFunny
    04-16 08:34 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html

    You are too early to post this :)





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  • GLIX
    09-10 08:11 AM
    I changed jobs 180 days from filing of 485. My lawyer asked me for the job description of the new job to make sure that it is consistent with the previous job. The titles don't mean anything.



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  • vasireddyanil
    02-19 01:46 PM
    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??





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  • ssa
    02-10 07:52 PM
    Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off and (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.



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  • sugaur
    02-27 04:45 PM
    You are unlikely to find any sympathy here, this forum is for LEGAL immigrants. Take your sob story to LaRaza or ACLU.





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  • bkarnik
    04-01 03:49 PM
    Sent faxes. I called my friends and encouraged them to sign up as well. Lets see and hope for the best.



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  • qualified_trash
    12-13 04:15 PM
    What makes you this guys advocate?

    A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
    finally we agree!! I agree that the system is inherently unfair.

    but the folks taking up cudgels on this thread seem to go for the poor poster's head :-))

    as I have said earlier, if this person does jump ahead, he/she would have jumped ahead of me, and you and many more like us.

    but, he/she is doing what is best for themselves. would you not? peace!!





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  • El_Guapo
    04-13 11:16 AM
    I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!

    Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.


    The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!


    I have analyzed EB Immigration considerably and here are my thoughts -

    Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.

    I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.

    OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.

    Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.

    If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.

    I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.

    This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!

    I am willing to talk to the IV Core team to discuss if needed.



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  • 24fps
    02-27 06:12 PM
    It is evident to anyone following this thread who hijacked it. I was only responding to the OP when you came here with your crappy comments about how people should not enforce personal morals on drug traffickers.

    Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion?

    If your next post does not address the issue, then we all know who the real immature person is. Unless you have an answer, I will consider this case closed.

    I am not answerable to an anonymous "internet toughie" who picks up fights on forums. it's evident that your understanding of the tonality in a professional response vis a vis a personal one is impaired albeit imponderable.

    I shall not waste my time "coaching" the same.

    [B]"then we all know who the real immature person is"

    After your fiasco with Kumar, doesn't this whole forum apart from a few thousand scandalized visitors know who really enthrones "immaturity" here?

    With this i end my diatribe with you mr internet toughie aka sledgehammer. lol





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  • prioritydate
    08-06 10:40 PM
    DHSOIGHOTLINE@DHS.GOV


    Report their illegal activities.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ece03509211f8110VgnVCM1000004718190aRCR D



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  • itsmedude
    02-12 06:50 PM
    All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.

    I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.

    BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.

    Let us know if you any information on what the 3500 figure is for.

    An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.

    My previous employer did not pay any thing additional, he paid for the hours i worked at the client place, this $3500 is for the last few days which he says the vendor is not paying as i did not give notice, so he expects me to reimburse it.

    How can one expect desi employer to pay more, it would be a surprise if such thing happens.





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  • crzyBanker
    11-26 04:17 PM
    Good job IV. This article from IV really should give ideas to DOS and USCIS the way to approach going forward using the data available. Good data mining and analysis by IV.



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  • texcan
    09-10 02:28 PM
    Requirements to change employer when GC is pending:

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.


    One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.

    Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.

    http://www.murthy.com/news/UDac21qa.html#8

    Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP

    No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."





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  • BharatPremi
    03-24 12:42 PM
    Dude,
    Be specific and say that your PD is current, I was wondering when EB2 India become current.

    Yes, You are right. I should have written "Since EB2-India current PD period is December 2003"



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  • qualified_trash
    12-13 04:07 PM
    That may be but do you actually think this practice is fair and should be legal. To me and hundreds of thousands of other folks who are patiently waiting in line, it is fraud because you are cutting in line. The sad part is we see that you are cutting in line but we can't do s**t about it just because it's legal.

    Why do we all start complaining when illegals get preferential treatment than us? We all start saying that we came here legally, we pay taxes, we waited in line, we did everything by the book.. bla bla bla. Well .. they are also getting their gc legally so the why do we complain?
    we complain about illegals because their very presence here without papers is ILLEGAL. what part of ILLEGAL do you not understand?

    as far as I can tell, gmatch is not doing anything ILLEGAL. as for the practice being FAIR or NOT, that is a separate discussion.





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  • Berkeleybee
    02-04 09:07 PM
    All,

    I'm posting this here since the old volunteer forums are no longer available. Where all have you posted flyers, info in CA?

    For those in the Bay Area: Have you contacted the new Indian Community Center in http://indiacc.org/Default.aspx (they have locations in Milpitas and Sunnyvale)? I don't live in the South Bay, but it seems like this is a pretty active space. Wonder if they would let us give a talk, and/or post flyers etc. If no one has been in touch with them, I could try.

    Thanks,
    Berkeleybee





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  • Better_Days
    03-26 03:39 PM
    Can't agree more. This is nothing but harassment. What has drivers license got to do with employment or immigration status ?

    I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:
    I feel like this is an example of how messed up this country is becoming. I used to work in Dubai and you need to show a copy of your visa page and employer letter for things like

    1. Getting an internet connection . I kid you not: DSL became available thru Etisalat and I needed a copy of my visa page before I could get an internet connection,

    2.Driver's License. This one takes the cake: I needed a letter from my employer stating that HE IS OK WITH ME APPLYING FOR A DRIVING LICENSE. Not an EVL but an EAL (Employer Authorizing Letter)

    What does it tell you when you reach a situation where the laws and policies within individual US states start bearing resemblance to those used by medieval monarchies.





    roseball
    11-06 12:47 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days

    If your attorney filed your case, then:

    EAD is sent directly you
    FP is sent to you and your attorney
    AP is sent to your attorney.....

    All these are sent by USCIS via regular mail.....

    Your attorney might have sent the AP documents to you via DHL...





    scorpion00
    04-23 12:14 PM
    Done. just sent to white house and local senator.



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