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Sunday, June 19, 2011

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  • ajthakur
    07-14 05:07 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • amsgc
    07-19 12:06 AM
    We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.





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  • Saralayar
    04-03 12:34 PM
    Dude complete your profile first if you want to be taken seriously.

    I would be hesitant to write to some anonymous email id.
    For our accurate statistics, please fill all your details (Zuhail and others) with correct details (it won't affect you in anyways). For arriving at correct numbers for any Agendas, this is required. Then post your questions or start a thread in this forum.





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  • 485Mbe4001
    07-11 02:49 PM
    Why didnt the EB2 ROW number trickle to ROW EB3 first?

    I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.



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  • gkrish
    04-27 03:10 PM
    Would like to post my experience at the point of entry recently.
    Just got back from an India vacation trip and entered thru SEA airport. Am still on a H1B(8 years running) and was a bit concerned about the posts saying that H1B are being questioned at the POE. In fact, before leaving I got a chance to speak to someone who runs a small consulting firm and his advice was to cancel my trip and avoid any Interntional travel.

    But I went anyways went ahead since I had the confidence/hope due to working for a huge American organization; a name which will anyone will recognize.
    I have a AP as well and was prepared to use it if faced with issues on re-entering with H1.
    To my pleasant surprise, the immigration process took less than 2 mts, the fastest in my personal experience ever. Just 2 questions were asked by the officer who was very polite and friendly -- where do I work and for how long. Thats it.
    Will conclude that if one if you work for a fairly reputable/well known orgn, then travelling on H1B should not be an issue.

    Cheers





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  • mayhemt
    09-10 08:06 AM
    I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?

    What do people here really think?

    1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?

    2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.

    3. Wait for another X years, and then go back.

    4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
    --- Hoping family based GC would still be allowed by then

    5. Don't know, confused?

    6. Look for entrepreneurial options & file in EB5. You get freedom from daily-job-rat-race and visa/GC hassles.



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  • vandanaverdia
    09-11 07:08 PM
    "All men dream but not equally.
    Those who dream by night in the dusty recesses of their minds wake in the day to find that it was vanity; but the dreamers of the day are dangerous men, for they may act their dream with open eyes to make it possible."
    - T.E. Lawrence

    Don't we all dream of getting a GC???
    What is stopping you from to DC???
    Come & join hands & lets be heard!!!!
    Go IV!!!





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  • monkeyman
    09-26 02:58 PM
    It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).

    Hmmmmm... I do not have any exposure to transportation industry - but the regulations are straight forward - you cannot transport hazardous materials on normal routes (there are designated routes depending on the HAZMAT code) - definitely, no tunnels / bridges. Declarations have to be obtained, MSDS (Material Safety Data sheets ) must be accessible and personnel involved need to be trained and understand the health risks. The type of material must be indicated on a HAZMAT chart and color coded!!!

    And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.



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  • svr_76
    06-10 12:45 PM
    I dont want to undermine the need of the hour to contribute to IV/other efforts however-

    From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.

    This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.

    EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.


    What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).





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  • sc09876
    07-29 01:14 PM
    Add CareFirst - Blue Cross Blue Shield
    Legg Meson

    All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
    We should think of taking some legal actions...

    Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.



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  • suriajay12
    03-30 07:47 AM
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?

    Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?





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  • varshadas
    12-14 09:12 AM
    Hello All,
    This is a reminder to all to join the conference call tonight at 9.00 PM.

    Thanks,
    Varsha



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  • Dhundhun
    01-19 11:22 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
    Lawyer may be more knowledgable, but here is pointer to User Manual.

    http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF

    Read page number 106 (Legal limitations for copying).

    After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).

    Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.

    This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
    This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php

    There is some discussion here http://boards.immigration.com/showthread.php?t=129660





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  • eb3retro
    08-17 01:31 PM
    As I said previously, just chill out.Let me give all you guys some advice whether you want it or not.You guys are just busy speculating about something which you guys have no idea about.As a result all you guys are doing is getting worked up and trust me this nonsense is not helping you one bit.

    If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.

    You have no idea how dates will progress,so to reiterate once again just chill!


    Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..



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  • shree19772000
    01-16 07:13 PM
    I could see myself or any other desi dude and I have seen people in this situation. Its painful. Myself, I learnt my lesson during the 2000 - 2002 recession and spent all these years preparing for something like this. It was a difficult but I had to do it. I kind of knew that this would happen every 10 years. This time it did not take it 10 yrs.

    By the way, I liked your narration of the incident. I wish I could do it.

    We have very skilled people here and here is my suggestion. Why don't we make a documentary on these stories and the problems we face due to immigration. It will be much better way of putting our concerns before the people and I am sure even the immigration hardliners will sympathize with us if they hear us out and what we are going thru even after being there for 7-10 years paying taxes and doing our due diligence.

    These are my 2 cents and good luck with your job slumdog!





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  • PresidentO
    02-11 01:23 PM
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
    Family based visa used for FY2009 = 215,343
    Family based immigrant visa numbers = 226,000

    Unused visa = 10,567
    available for employment based visa numbers for FY2010.

    *********
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105
    Family based immigrant visa numbers = 226,000

    Unused visa = ZERO
    available for employment based visa numbers for FY2009.


    Always go by the facts.


    ___________________
    Not a legal advice.

    You rock dude! Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?



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  • abhijitp
    07-25 12:43 PM
    I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.
    Thanks everyone for replying.
    Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!





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  • gcseeker2002
    12-28 02:49 PM
    I had similar problem with United last year. I was flying thruogh Malaysian airlines and United charged me for extra 20 LBs. But it was checked in till India.
    Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.





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  • ThinkTwice
    09-20 12:09 AM
    I agree with sunny1000, We definetly should consider it
    We retain the name Immigration Voice but we add a slogan to it

    for xample in a news report it would appear some thing like this -

    "" IMMIGRATION VOICE- An organisation of Legal Immigrants, was directly responsible for driving the congress to increase the greencard numbers to 300,000, exclude the family members from the quota and reduce the FBI check times to no more than one month, after such huge success and having achieved their ultimate goal IMMIGRATION VOICE - An organisation of Legal Immigrants has decided to fight for world peace.""

    Good point...

    Just my 25 cents...;)





    Bpositive
    02-13 07:31 PM
    More unfriendliness towards legal immigration + H1bs = more outsourcing by firms who can't find talent in US + lesser revenues from education + lesser number of top notch talent coming to the US + lesser number of innovative companies coming to US + less stronger relationships with growth economies

    Bad, bad equation for US. If I were a US citizen who really cared for the long term success of the country, I would be really scared





    Khujaokutta
    03-10 07:40 PM
    I too agree that the flood gates will open soon...only that the gurkha who controls the gates is opening them so slowly that every bullietien there is no change or miniscule change.

    We need to get the watchman to open the flood gates....:D...otherwise we will be saying this even after one year...that the gates will open soon.....when actually they open so little that its like a RAMSAY horror movie (Bandh DArwaza or something)



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