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  • kaisersose
    03-07 10:54 AM
    AC21 is simple and requires nothing from the new employer other than the offer letter.

    Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.

    However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.





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  • Ramba
    07-14 10:02 PM
    --
    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

    Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.





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  • actaccord
    02-02 07:10 PM
    most of the Cherry Blossom related rush will be only on weekends. April 4th and 5th falls on weekday so we have to face traffic and rush related to weekday. Also, 4th is Monday which is little less traffic (no to great extend though) due some federal people gets deferred workday. But for sure Tuesday (April 5th ) will be super rush day, all we need to do is plan to get in after morning rush hour and get out before/after evening rush hour.

    Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.

    National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)





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  • thomachan72
    04-11 10:06 AM
    technical issue....dont know why but cant go to page 5.. this post is just to take me to the 5th page....pls ignore



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  • gc28262
    06-11 01:28 PM
    If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

    This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

    So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.

    Please fill in your profile !





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  • uma001
    10-01 09:51 AM
    Guys,

    Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card



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  • sanju
    02-13 03:23 PM
    Why do you want to delete this thread? This is true. The witch hunt has started. Why be scared to say the truth?


    .


    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





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  • ultimo
    07-24 08:56 AM
    Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?


    my friends lawyer also told the same no need for employment letter . if you have applied for i140



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  • xyz2005
    07-24 11:26 AM
    There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.

    When did he get back the package?
    Does it have a rejection notice in it?

    I think these two key questions can throw more light on this. Can you enquire and post here for everybody's reference? We will really appreciate that.





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  • chmur
    03-17 05:35 PM
    The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.

    Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....

    I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.


    I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007



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  • CADude
    02-21 11:15 AM
    Please see my response below.
    To interfile, do we need to start the PERM/140 process again for a different EB2 position?
    YES
    Do we port the date from EB3 to EB2 while we apply for EB2 140?
    YES
    Is this a straight forward process? What happens if interfiling is denied?
    Nothing. Your EB3 case is still pending





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  • chanduv23
    02-22 10:23 AM
    Guys,
    We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.

    We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".

    HELP IV HELP YOU.

    We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.

    Come on guys, you can do better than this. Donors, members, guests - we are all in this together!

    VA/MD/DC members, please come forward to host members from out of town. Help them to reduce costs!

    Members who have accumulated airmiles, please come forward to donate them.

    Members living in neighboring states to DC (or at least at a driving distance) find friends/members to car pool with you to the event.

    Members who have unavoidable situations at work or home and cannot participate, help fellow members to bear the costs, please donate to their trip. They are willing to take the time off, and will be representing you and your state. Why not help them?

    If you decide that you will support this effort, you will find a way to help. Anything else is just an excuse! Sorry, to say this, but that is just a fact!

    Anu - I seriously think that, if IV is not getting at least 5% members interested in stuff there is no point in beating the dead horses. Looks like most people are interested only in the discussion forums and nothing else.
    Very few people are motivated and I feel bad that people who want to bring change for the good are not getting enough support.
    In my opinion, IV must help people who sincerely and genuinely want to help themselves and not waste time doing social service to a selfish section of the crowd. I suggest that IV become a profit organization and let people keep ranting and discussing their stuff if they are willing to pay for the services and fun. IV does not have to spend time and money and effort and stress out trying to ask selfish people to help themselves.



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  • mihird
    07-09 03:58 PM
    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.

    It took them 6 months to consume 66K visas and then another 15 days to process another 66K.

    It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)

    They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...

    There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..

    I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...

    Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..





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  • nagio
    02-19 12:50 PM
    Hi,

    Can the donating air miles be international like korean, air india etc?

    Thanks,
    Naga



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  • techmia
    07-01 04:40 PM
    Everyone is busy partying.





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  • svr_76
    06-10 12:51 PM
    @hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.



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  • hebron
    08-10 06:13 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?





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  • kaisersose
    03-19 11:21 AM
    If Ron Gotcher's logic works, consular processing may be more quicker for India/China EB2.

    He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.





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  • Rajeev
    01-17 02:59 PM
    I just signed up for a monthly contribution of $20.

    Also contributed $100 in Dec 06.





    greyhair
    02-09 03:42 PM
    And reply you will never get.

    I'm not holding my breath any more.





    ashwaghoshk
    03-21 12:39 PM
    I still dont see labor approvals after March1. I dont know where you r looking at,, Can you tell me which page your looking at?

    I sent you a private message... check that url



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