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  • vishwak
    08-11 09:40 AM
    How did this law firm manage to get hands on Bulletin before official release???

    Which law firm you are talking about???

    its already out in travel.state.gov





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  • gcwait2007
    07-04 12:11 PM
    As long as you had an I-140 approved earlier and 180 days crossed after the RD of I-485, you are safe to move on to a new job using AC21 portability. Even if your ex-employer withdraws the support for the approved I-140, your I-485 would not denied and it would be considered on its own merits.





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  • shreekhand
    08-16 03:14 PM
    Yes, perhaps people don't post these type of investigations. If you have heard any N-400 issues (from your corporate position) about someone caused by leaving the petitioning employer soon after GC then let us know, otherwise it is one of the rarest of rare issues. My attorney clearly mentioned to me that he has seen no such issues in his long career when someone left the employer soon after.

    Coming back to the AC21...if someone changes to a similar job after 180+ days after filing I-485 and informs USCIS of it and then gets a GC, there is no question of any wrongdoing. If USCIS wants to do their audit investigations I wouldn't care an iota about their investigations as long as I have the right paperwork with me.

    Secondly in a non-AC21 case even if one leaves the job of the petitioning company immedaitely how does the intent become questionable when the person is working for the same company for several (5+) years. On the contrary it would be easy to prove the intent here.


    I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...

    People do not post these types of issues on immigration forums.





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  • gc28262
    01-23 01:14 PM
    I hope they do that ..
    Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?

    I will be completing my 9 yrs for H1 in Jan 2010...;)

    I think there is a way you can file 485 when I-140 is pending. One of my friends did that during July Fiasco.

    Check with a lawyer and be prepared for that moment.



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  • Openarms
    05-28 05:50 PM
    IV core needs to follow this and raise funds for this cause if necessary.... peace meal strategy is the only strategy that we can do in this economic conditions... do not go for CIR

    Attention all EB2 and EB3 folks who have I-485 pending at USCIS-


    Currently AILA is reporting that there are two bills pending for Employment-Visa Recapture.

    1.Reuniting Families Act (S. 1085) Introduced in the Senate(*)

    2. Senate Judiciary Committee to Hold a Hearing on the Uniting American Families Act(**)

    Reference-(*)(**) www.aila.org/

    The S.1085 in the US Senate caters to specifically recapturing visa numbers for employment based category; i.e. ALL lost visas from 1997-2007 in the employment based category.

    Also to remember is that re-captured employment based visas can only be used in the employment category. They CANNOT be used; repeat CANNOT be used in the Family category; however the vice-versa is true; i.e. unused Family Visas can be used in the employment category as happened last year 2008.

    The second bill Uniting American Families Act is in the US House. Though the intent of this bill is not the same as the senate bill S.1085 noted above; an amendment can be made to make it the same. Currently, they are scheduling a House hearing on 3rd. June, 2009 for that bill.

    We need HIGH level of action on the above two bills from IV Core and the Community; because of two reasons-
    1. Adminstration has CHANGED; so one cannot assume that things which happened in past years will be the same. i.e. No action will be taken by lawmakers on the Immigration front. Remember it is the Democrats and we are back in the good Clinton year politics (which passed AC-21).
    2. We need our Green Cards soon. India is the ONLY nation where 80% of EB folks are waiting for two years or more after I-485 submission, given security checkas and pre-processing has already been made for applications pending for two years.

    Thanks,
    WeldonSprings.
    2.





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  • pointlesswait
    11-15 12:58 PM
    here is what i suggest:
    create a yahoo group or blog..and have ppl publish the name anonymously of the desi bloodsuckers...some kind of activism is required..instead of coming on this board like some ballless buggers and crying like babies...grow up and take back ur life...bytch..;-)

    btw..i am not in IT so..i dont have to deal with suck suckers.. i have read so many posts abt this.. i am fed up..



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  • senthil1
    07-04 12:18 PM
    Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.

    You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.

    I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.

    Dear gurus - here is my issue and I need some real concrete help.

    I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
    I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
    In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
    As it is safe past 180 days, I used AC21 portability and moved.
    I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance





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  • ANIANTCHEV
    03-03 09:02 AM
    I just PayPaled $300 yesterday. Please, keep all of us PBEC and DOL victims in mind as well. We need your help!!



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  • gemini23
    08-27 12:51 PM
    makemygc, i think you got a bad dmv officer who did not know anything about 797. When I was in FL i renewed my DL many times showing 797.
    Did not have any issues.

    and yes, EAD can be used to renew DL.

    What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
    This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
    In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.

    Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?





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  • h1techSlave
    09-29 02:02 PM
    Do you have to go thru an accountant to start a company?

    I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.

    Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.



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  • peacocklover
    07-02 01:10 PM
    Is the following (or can it be) a part of the Admin Fix Initiative? :-

    Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.

    After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.

    I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.

    I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)

    Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..





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  • GCHope2011
    07-01 10:51 AM
    This speech was just a re-articulation of the issue and its various dimensions and the fact that this issue requires bipartisan support to move forward.

    Not really sure what will happen as a result of this speech.



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  • engineer
    02-28 07:07 PM
    Works Cited

    Arshad, Mehreen. Personal Interview. 2 May 2006.
    "Great Teachers Make Great Public Schools." National Education Association. 06 May 2006 <http://www.nea.org/teacherday/want2teach.html>.
    Murthy, Sheela. "Bill Gates Says End H1B Cap." MurthyDotCom. 29 April. 2006
    < http://www.murthy.com/news/n_bilgat.html>.
    Rosseter, Robert. "Nursing Shortage." American Association of Colleges of Nursing
    October 2005. 5 May 2006 <http://www.acn.nche.edu/Media/FactSheets/Nur
    singShortage.htm>.
    Shah, Shivali. "What is NADISA?" Network of Advocated of Dependent Spouses of America. 14 April 2006 < http://www.hvisasurvey.org/what_is_nadisa.htm>.
    Shah, Shivali. "VAWA 2005 Provision Will Assist Thousands of Battered Immigrant
    Women Married to Temporary Visa Holders." Network of Advocated of Dependent Spouses of America 5 Feb 2006. 4 May 2006 <http://hvisa
    survey.org/VAWA_PressRelease1.htm>.
    "Temporary Workers". U.S. Department of of State. 10April.2006 <http:/travel. state.gov/visa/temp/types/types_1271.html>.





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  • royus77
    07-23 10:19 AM
    I called service center..those who have applied to TSC ,they kept all the applications on hold which came on 2 nd July and started to put them into their systems from July 20th ,so just hope to see your check getting cashed by this or next wk...


    Any body called NSC reg. the fate of July 2 filers !!!!



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  • psethi
    02-28 09:55 AM
    Contributed on sunday





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  • gg_ny
    03-18 11:41 AM
    One intelligent posting amidst the cacophony. Keep it up. Sometime back one of the admin wrote about tightening the belt, holding on to ride this wave of market trouble. I wonder whether someone knowledgeable could create a thread (or add to one that exists) about this mess, mechanisms that led to it and how it is going to affect the slaves, pintos and the rest (of iV) in the next 12 months? An intelligent discussion for a change. While the Fed chairman reads the letters, emails and warnings from pintos, slaves and co. lounging by his swimming pool, sipping his martini (of course, according to the p, s & company, while market is burning), we can read something useful about the economy to prepare ourselves for the worst...

    Btw pintos, my shares went up a bit 'cause my employer was not the Bear but Chase ;-). Sorry to have disappointed you.



    Dude; not that your idea is bad, but don’t come up with assumptions that the fed chairman is clueless!! He has been handling the crisis extremely satisfactorily. So far he has proved to be a good chairman and similar to Greenspan and Volker.
    You have to understand derivatives and structured investment vehicles to understand what the economy is facing. The risk of sub prime CDO's has been spread thorough out the credit markets. Just imagine Bear Stearns which has a head quarters building in NYC worth $1 billion was sold for $236 Mil. Yankees pay A-Rod more than that. This will tell you how the valuation of derivatives has depleted cash flow and liquidity of a wall street titan which had stood through the great depression, 2 world wars, market crashes in the 1970's, 87, 01 and recessions in between.
    Google "Long term Capital management (LTCM)" and study their history you will see what derivatives are capable of. Warren buffet calls derivatives "Financial instruments of mass destruction".

    So the man is faced with such a mess, don’t insult his intelligence by making unwarranted statements.



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  • siravi
    10-11 07:15 PM
    .





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  • Almond
    01-02 07:47 PM
    Thanks Almond. At this point, I am hoping USCIS will at least allow me to change jobs (remember - I am on 7th year H1b - approved I-140, did not apply for I-485 due to retro). some members here said this is possible and some other members said I cannot do this. so I am confused if I can do this or not. If at all USCIS lets me do this, it would be great if I can find a new employer who can do EB-2. I am praying to God to help me while I try this route. I am not asking too much here... am I ?

    No, not at all. It's perfectly normal to want to advance in life and to want to move on to better things. I think the best thing to do right now would be to go for a consultation with an immigration lawyer. Or, if you cannot afford it maybe you can schedule an InfoPass appointment and ask the rep there what your options are. But I'd say a lawyer would be the best option.





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  • i_want_gc
    12-13 10:21 PM
    Sorry - Not everybody is(or wants to be like) Narayan Moorthy.
    I bet Narayan Moorthy doesnt have time(if not willingness) to clean his toilet NOW. Maybe we wud have when he was younger(before Infosys) which is a different stroy altogether.

    I always cleaned my room, in India and here. What's wrong with that? Infosys founder Narayan Murthy cleans his own toilet (as per his own admission to a newspaper). Does it make him an 'inferior' person to you? Don't you vacuum your room every weekend? Does that make you any lesser person? Ever heard of dignity of labor?

    You wrote - "Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc". So what are you doing ? Not waiting for GC? Then why are you hanging around? There are good opportunities back home . Those sitting in deep-sh*t shouldn't be throwing muck at others stuck in the same sh*t.





    srt57
    02-09 01:36 PM
    Hi,

    I have applied in EB2 category with job title of Sr. software engineer. and I have frnds who have applied for EB2 under, Programmer analyst, team lead.

    But all of them had Master of science from USA.

    And all of us have our I140 cleared and waiting to apply for I485 when its gets current.

    Reno, could you please give us more information about your and your friends' experience :

    - What your qualifications are.

    What the Sr. software engineer job requirements were. Things like:
    - Education
    - Experience

    and also more info about your experience with PERM:
    - Processing center. Chicago or Atlanta?
    - Processing time.
    - Any audits?
    - Any business necessity documentation requirements?

    I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.





    sanju
    04-16 01:35 PM
    Senior guys, if you don't like a thread, ignore it, the thread may be of interest to some people on the forum. So let those people talk. Also since nothing is happening on the immigration, what else public will do other than 'Time pass'???

    I am assuming that you have gone to school and taken some exams/tests. Did you study during your exams/tests or did you study and prepare before your tests?

    After doing all this "very important" discussion about Rs/$ conversion, if you get sometime, please read some news about immigration bill to find out that there is lot of activity going on with the immigration bill. Most of the time anti-immigrats are calling and putting pressure on lawmakers who support any sort of immigration bill. That is why McCain, Brownback and many others backed out. Anti-immigrants are working overytime making it look like as if their opinion is the opinion of the entire nation. Each person is making 20-30 phone calls a week. But it is ok if none of us is doing anything. Lets all "time pass" and have this very important discussion about Rs/$ eachange rate variation... right?

    Communities/groups/societies who do not understand the need to organize and standup for themselves always perish. Durbin-Grassley bill is just the beginning of the time for this high skilled immigrant community to disappear. Reason - When any group of people increases in number there is always another group which becomes its natural opponent/adversary. This community of over a million people also have very powerful opponent/adversary. That opponent is gaining strength and working overtime to purge all of us. But that is ok, let us talk about Rs/$ conversion rate. Anybody here from Uruguay or Morocco??? Why don’t people from Uruguay or Morocco and all other countries of the world join us in this VERY VERY important discussion about the recent exchange rate variation of Indian Rs/$. Such an important subject to be all hashed out on IV forums. Good, keep it up….. But don’t forget to check the mail box, maybe that unopened letter contains your green card.



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