Saturday, June 18, 2011

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  • GCWhru
    08-07 08:49 AM
    PD : Sep-2004
    I-140 Approval Date :July 2007
    I-485 Received Date : 07/30/2007
    Name Check Cleared: No Idea.
    Gave Finger Prints.





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  • newuser
    07-10 11:54 AM
    Well said. Why doesn't he show the contributions made by the HIGH SKILLED to the american economy.

    Why don't we educate him by sending mails in writing to all the other news media organization's on a particular day - just like we did the flower campaign. Its costs less than a dollar and we can 1000's of them.


    Folks, I have in the past written to Lou Dobbs directly expressing concerns with his vitriolic outbursts against Indians. He responded at length claiming the he has no disrespect or disregard for India, just that he cares about his country so much that relatively it might make the other country look worse off!

    Here is what I would suggest: write to Lou and CNN producers exposing
    how Lou's views:
    - Are racially insensitive, slanderous to an entire community; with the risk of flaming hate crime (which is criminal offence)
    - How they ignore the basic economic reality of high skilled labor's contribution and competitive advantage to the US economy and corporations
    - How they ignore the basic legal reality that high skilled labor on H1B visas pay taxes, social security and medicare that goes back to the US economy
    - How they tarnish the reputation of hardworking ambituous workers that are truly the only remaining link to the USA's hoary tradition of sweat equity with the hope of achieving the Great American Dream.

    Basically, we need to point out that he is insulting his own country's grand traditions of democratic, legal and meritrocratic traditions by taking potshots at a defenseless community of white collar workers that are strengthening the social, economic and cultural fabric of this nation.

    Of factual inaccuracy is his hallmark and his tradition. Let us counter that by reframing the context of the overall dialog so that the world see how shallow Lou Dobbs really is.





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  • yabadaba
    07-02 03:15 PM
    medical tests - $540 (total for me + wife)

    fedex - at least $100 (3-4 over night packages)

    lawyer fees- company (no idea)

    photographs ($0.18) - (digital camera+epassportphoto.com+walgreens printing)

    mileage to doctor (3 round trips) - 180 miles

    points on my master card - priceless





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  • gc_chahiye
    09-26 04:59 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485

    I dont know if doing an MTR on the 140 will also keep your EAD alive...



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  • saimrathi
    07-07 10:30 PM
    Great job.. This is exactly what we need.. National coverage on this issue..


    http://www.youtube.com/v/RVhgb6yoc8w





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  • ronhira
    10-27 12:04 AM
    as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....



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  • amslonewolf
    12-28 05:13 PM
    Someone I know was EB3 I Aug 2001. They had filed for I-485 sometime in 2005. They got their GC on 12/22/2008.

    Their lawyer filed a Writ of Mandamus against USCIS in Aug 2008. The deal was the USCIS was to either approve or reject their case in 60 days.. So, check with your attorney and see if filing a case in an option for you.





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  • thomachan72
    05-18 04:19 PM
    for those with masters or phd there is already a special quota called EB1. All of the others are not different from one another. if with your MS/PhD you are going to do the same kind of job any qualified person from India would do, what is the need for a special catagory. You have to prove your point then everybody will agree. Just by saying "special quota for MS" we will ask; WHY? show us the reason. I know lot of engineering graduates/MBAs/research scientists who have got MS from here but dont see any special significant contribution. I also know lot of professionals (specialists in medical / other fields) who were trained in the US and are significantly valued all over the world. So to put it briefly, this argument will not work with the law makers. People with PhD and lot of publications / patents / significant contributions etc definitely need a special quota and they already have one. The rest of us are in the same boat friends.



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  • immigrationmatters30
    05-29 09:17 PM
    done!





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  • logiclife
    01-09 12:15 PM
    Is a divorced spouse entitled to COBRA coverage from their former spouses� group health plan?
    Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

    Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.

    If I waive COBRA coverage during the election period, can I still get coverage at a later date?
    If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.

    Under COBRA, what benefits must be covered?
    Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.

    When does COBRA coverage begin?
    COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.

    How long does COBRA coverage last?
    COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.

    Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:

    Premiums are not paid on a timely basis

    The employer ceases to maintain any group health plan

    After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.

    Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.

    Who pays for COBRA coverage?
    Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.

    For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.

    COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).

    The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.

    If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.

    If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.

    COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.

    If I elect COBRA, how much do I pay?
    When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.

    While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.

    Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.

    You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.

    Although they are not required to do so, some employers may subsidize COBRA coverage.

    Can I receive COBRA benefits while on FMLA leave?
    The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

    Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.



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  • onemorecame
    08-21 02:39 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.


    Please tell the name of that employer, so nobody will join that guy.
    atleast sent the private message

    BTW how you came to know that whether your case filled or not?





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  • initrode
    07-30 08:53 PM
    EAD

    RD Jun 24
    FP Jul 17
    LUD Jul 17

    AP

    RD Jun 24
    LUD Jul 1



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  • gc_on_demand
    06-12 09:33 AM
    I am creating this new thread to post all hearing for today and one on June 23rd. Those who can see c-span please post commentry as it goes.

    Lets see how it works out for US. BEST OF LUCK TO ALL.





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  • sats123
    06-19 09:51 PM
    Here is another part of story.

    My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.

    De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.

    I don't know if I am in a trap or something.



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  • qplearn
    12-20 11:23 AM
    Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.





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  • h1techSlave
    04-14 04:11 PM
    Call your senator and explain your situation. I have done so in the past after I lost all papers. I have received drivers license on the basis of only photo copies.

    I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
    I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster



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  • gcseeker2002
    03-02 03:17 PM
    I was just curious to know and the reason why I asked was, if you read all the posts on this thread, one person (sheela) had a similar 'house visit' by an ICE agent...who was asking questions mostly on wire transfers...so, was trying to see if there was any similarity in both the cases?
    The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.

    BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened





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  • gondalguru
    08-05 09:11 PM
    Count me in.





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  • satishku_2000
    05-22 04:06 PM
    DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!
    If thats the case then I think at least some people are safe ...:)





    babli2007
    01-03 01:59 PM
    Hi everyone, just had an AC-21 question which I was hoping you could help with.

    I went to the OneNet link to get the job categories but wanted to get a second opinion.

    My current role is computer systems analyst (business analyst) and i might move to a IT project managment role under AC21. There are definitely crossover similarities in both, of course the PM role has more of a leadership aspect to it.

    The catagory in Onenet is 11-3021.00 Computer and Information Systems Managers for Project Managers; and 15-1051.00 Computer Systems Analysts for my current role. It shows they are indirectly related throught the Computer Programmer category i.e. 15-1021.00 Computer Programmers.

    Is this acceptable for AC21? Please advise.





    gc28262
    03-27 11:49 AM
    "somebody who should not be allowed in your house" is not necessarily a security threat."

    Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.

    I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.



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