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    06-14 08:50 AM
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  • nojoke
    01-20 12:32 PM
    Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!

    I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
    You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
    I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.





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  • raj2007
    12-20 08:33 PM
    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

    You are OK.. they problem should have come in 2002 when you changed ur H1B not now and max they will ask for 3 year W2. Don't worry..everything is fine.





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  • sri1309
    03-30 03:09 PM
    Number USA is ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.

    Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.



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  • milind70
    05-05 06:07 PM
    Hi friends,
    Please advise me on this situation.

    I am currently in US with L1B with Company A.
    Company B has already filed H1B petition for me.
    Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.

    Thanks.

    I dont see any reason why you cant continue of L1 , as u would require to apply for change of status for to be on H1 and is provided your L1 is valid beyond Oct. I think you need to file Form I 539 to change the noimmigrant status for eg if u need to go from H4 to H1 then u file this form.





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  • Sunx_2004
    07-15 01:53 PM
    I agree, Don't waste single minute and consult attorney if you haven'nt done so..
    Good luck

    ajthakur,

    U r covered under AC-21 if I-140 is not revoked by your previous employer.

    Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.

    Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.

    Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.

    RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.

    Bottomline you need a competent attorney for answering this RFE and invoking AC-21.



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  • chanduv23
    10-29 11:45 AM
    Come on folks - we need requests in large numbers or else our campaigns will fail. Let us not be victims of our own inaction.

    Please send in your requests.

    This is a very serious action item and IV is working extremely hard in the background





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  • tikka
    07-03 09:37 PM
    In all 400$ to date.


    so much for your contribution...



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  • goosetavo
    06-30 09:20 PM
    My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
    If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
    Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.





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  • abd
    09-14 03:02 PM
    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....



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  • fromnaija
    02-14 10:33 AM
    I am also from ROW and I support IV's agenda of removal of country quotas among other things. If IV's agenda was only about removal of quotas, then I wouldn't be here too.

    However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.





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  • WAIT_FOR_EVER_GC
    06-10 12:50 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

    What should we do. I am in tell me what I need to do?



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  • jamesbond007
    02-19 03:06 PM
    Instead of opposing it for fear of application deluge, why not ask for a clause that says applications should be adjudicated within a certain timeframe?

    And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.

    May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.

    There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
    It is really sad to see opposition to this proposal just because it did not include every one.





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  • raj2007
    03-07 02:50 PM
    I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.

    My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.

    Thanks,

    Your vendor is desi guy?
    I have never seen vendor informing the employer.
    You are ok even if he cancels ur H1.



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  • a_yaja
    06-25 02:02 PM
    Gurus,
    A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.

    I-485 Check List
    � Birth Certificate
    � Copy of page with nonimmigrant visa
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Finger Printing (this is done after the I-485 is filed)
    � Medical Exam Form (I-693)
    � Form G-325A (this does not have a check list)
    Evidence of Status
    o Copy of I-94 showing admission to the United States
    o Copy of approval of I129 extension (H1B extension notice) for primary
    o Copy of approval of I539 (H4 extension)
    � Employment Letter from Employer (original)
    Evidence of eligibility
    o Copy of I-140 approval (primary applicant)
    o Copy of Marriage Certificate (derivative status)
    � Filing Fee


    I-131 Check List
    � Govt. ID (driver�s lic. Or passport)
    � AOS Receipt (not required for first time filing along with I-485 form)
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Letter explaining why you require AP
    � Filing Fee


    I-765 Check List (submit in following order)
    � Copy of I-94 (front and back)
    � Copy of last EAD (for renewal only)
    � Photos � 2 nos.
    � Write A# or name with a pencil on the back of the photos
    � Filing Fee





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  • gcisadawg
    02-13 01:49 PM
    Ash, I agree with the message but you need to work on the choice of words. This not ethnic cleansing or lynching or systematic targetting. I'd say America is going into a protectionist mode. When you are in that mode, the first step is to keep aliens at a distance.



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  • jcgc
    02-21 03:13 PM
    Assuming you are right then,
    average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
    Now assuming this year the demand would be close to average then. It leaves 14K for EB2
    Implying 12/2003 dates movement is very likely as 14k>5k (your number)


    Yes it is very likely the Eb2 India can move past Dec03. Keep in mind that the spillover (taking your estimate of 14k) will not entirely go to EB2 India. Part of it will also go to Eb2 China. And we dont know how that allocation is done.

    Again, All this is based on the hope provided by recent posts that Eb1ROW spillover may actually got to EB2India (posts made by Ron Gotcher / Googler on their supposed converations with Charles Oppenheimer). Till recently, I used to be under the impression that only Eb1ROW spills to EB2ROW spills to EB3ROW.





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  • pappu
    07-05 02:23 PM
    1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
    2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
    3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)


    How is it different from my idea?

    Difference of colors. :D

    Please join any of the drives running.





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  • akhilmahajan
    03-09 08:33 PM
    When u say Efile, do u have to send any paperwork.
    Also, everytime we renew EAD, so we need to go for Fingerprinting.

    As far as i understood, FP is good for 15 months.

    Thanks.





    mpadapa
    07-01 04:53 PM
    Call U'r own lawmaker and request them to support the Lofgren bills. Talk to their leg. aide who handles immigration and appraise them about the bills. Believe me there are quite a few lawmaker offices who aren't aware of the Lofgren bills. If constituents call and request the lawmakers to support, then they will have to look into these bills. And more importantly you have to do a follow up call and find out the position of the lawmaker on the 3 bills.
    Find your lawmaker by keying in U'r address or zip code at http://www.visi.com/juan/congress/

    1000 signatures representing a problem which impacts close to a million people isn't enough. Admin fix campaign had around 5000 letters and it wasn't enough to create any big impact. If we are having a campaign with atleast 100K signatures, then Yes I am signing in on this campaign.


    We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
    With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.





    ksvreg
    06-10 01:45 PM
    best bet is eb3 to eb2 conversion in addition to advocacy efforts?



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