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  • qualified_trash
    01-08 03:33 PM
    you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
    why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.

    as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?

    For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....





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  • dealsnet
    08-19 01:01 PM
    Here almost 70% of EB2 India people are going to get their GC in couple of months. So the traffic for IV going to be down by about 50%. So to keep the people in focus and in loop and keep the network of immigrant community even after GC and help their onward journey. They might need info about certification, tests, health, financial advise etc.
    I am now interested to go for PE license in NY state. Without GC, I am not able to appear before.





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  • GCProbs
    09-15 07:10 PM
    Hi All,

    I need an advise from IV folks..

    here is my situation..

    I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.


    Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...


    Please advise me...





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  • sats123
    03-12 08:00 PM
    Thanks for reply and suggestions.

    I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.

    Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.



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  • anilsal
    01-07 10:42 AM
    So it is really an administrator goof-up?





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  • kumar1305
    03-30 05:48 PM
    I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?

    It makes a difference to me as I'm already in the 6th year.



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  • mohitb272
    12-10 07:17 PM
    in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...

    Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.





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  • psk79
    05-30 12:20 AM
    My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.

    Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.

    Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?

    Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.

    Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.



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  • mlkedave
    03-07 08:05 AM
    o, i didn't realize the order, i feel pretty stupid...





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  • Sakthisagar
    04-28 10:05 AM
    I agree US having fair consideration for illegals because of political reasons(VOTES to be specific)

    but the author comparing India & Mexico having strict rules.. common...

    India have borders open for Bangladesh and whoever crosses the border, with out any shame

    the present ruling party kaangress is giving Ration Card and Voters Id.

    Mexico we all know how tuff the law is and what they do.

    So Please do not compare apples with oranges.. whoever is the author.

    Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!

    here there is no legals and illegals now, no one should be allowed to do divide and rule policy.

    now Legal and Illegals are almost the same on immigration thing at least.

    Hispanics made us hostage so go with the flow.



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  • Lasantha
    11-16 05:21 PM
    Celebrated for Krishna killing of the evil Narakasura.Unfortunately..this has become commercial like chirstmas and people forget the real reason and start interpreting thier own stories..it also marks Ram's return to Ayodhya after defeating Ravan.

    Then you must alert the senate because I don't see your version in the list in the Senate resolution. :cool:





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  • pjalan
    04-01 03:08 PM
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    Can't I myself respond to the RFE?



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  • MunnaBhai
    08-10 05:07 PM
    This dude will never reply back. I am sure





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  • GodHelpUs
    03-21 10:48 AM
    I am really shocked on looking at this article.

    http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html?hp

    An Agent, a Green Card, and a Demand for Sex

    Article Tools Sponsored By
    By NINA BERNSTEIN
    Published: March 21, 2008

    No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number?
    Skip to next paragraph
    Enlarge This Image
    Uli Seit for The New York Times

    Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.
    Audio A Secret Recording
    Enlarge This Image
    Uli Seit for The New York Times

    The Flagship Restaurant, where Mr. Baichu met with a green card applicant.

    The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.

    �I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�

    She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.

    The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.

    No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.

    The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.

    His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

    Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.

    The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.

    The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.

    Reasons to Worry

    A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.

    She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.

    She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.

    But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.

    So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.

    �We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.

    As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.

    In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.

    �If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.

    The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.

    He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�

    Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�

    Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.

    His reply, the recording shows, was a blunt demand for oral sex.

    �Right now? No!� she protested. �No, no, right now I can�t.�

    He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�

    Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.

    How Much Corruption?

    The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.

    Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.

    �It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�

    �Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�

    When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.



    Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.



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  • meridiani.planum
    07-12 08:33 AM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.

    thats not true. Can you post a link to back that up?
    The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.

    to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.





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  • pd2001_12
    09-15 01:42 PM
    I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..

    First thank GOD for pulling you out of this mess.
    Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......



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  • somegchuh
    10-27 11:36 AM
    My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.





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  • wandmaker
    07-06 11:47 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.

    Thanks.

    It does not matter, as long as your AP is valid, you can use it enter US.





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  • AreWeThereYet
    08-06 08:50 AM
    I just called them and checked the dish network site I do not see anything like that :confused:

    For telugu audience I am aware of 2 such providers. telugumagictv and reliableiptv. I have not tried either. I would have tried them if they had both Hindi and Telugu channels. Does anyone know of an IPTV provider who has both Hindi and Telugu channels. One more thing, the above mentioned 2 provide the STB that can also act as a media player to play all kinds of media from your external USB drive. But I already have WDTV at home.





    gc_check
    07-16 10:29 AM
    As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
    I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...

    Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...





    reddymjm
    05-14 05:15 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    Election year nothing happens on these bills. History and trend says so. Lets see if we can change the History



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