Tuesday, June 21, 2011

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  • vbkris77
    07-02 12:20 PM
    To make an impact, we need in the order of 50,000 to 100,000 letters with their personal US address on it. Anything less doesn't hold any water..





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  • nkavjs
    08-27 10:58 PM
    :p:pI am on the same boat, my application was also received 9:01 AM Fedex signed by R.Mickels. I am not sure what the hell is goin on..it's all messed up..:mad:

    Well.. my sig says it all.
    Pls. count me in





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  • ars01
    07-09 01:36 PM
    From the same memorandum:
    "Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."

    One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf





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  • sdrblr
    08-27 11:30 AM
    I say my chance is 88.25% of getting approved :). Don't ask me how I got this number. All that I know is optimism is free

    I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....

    But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.

    I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.

    SoP



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  • ivslave
    09-11 06:17 PM
    I have been playing safe these many years..... I can't take anymore of Apartment living.... it was OK when kids were 2-3 years old... not anymore..... I guess... you need to be little aggressive.... ;)





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  • jnagendra
    09-23 01:14 PM
    http://judiciary.house.gov/hearings/calendar.html

    The calendar says 1:00 PM EST.

    The bill is to recapture 550,000 visas, Can we findout how many are EB based and how many are FB Based.



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  • h1bmajdoor
    04-29 08:52 AM
    came across "www.desicrunch.com" !! reviews on this website are streotype but if used honestly it could be useful to the community.


    google it...

    i know desi crunch.

    in my humble opinion, we will never find justice and fairness here. UK has already moved in that direction as well. at the rate it is going, every year the GC queue gets longer by _seven_ years.

    what is the point of giving me a GC when i'm 70 years old? I've been enslaved all my productive life. What'll i do with a GC in a senior citizen's home?

    sadly, the main instrument in our exploitation have been other desis. people at work use my work to become CTOs. i get 500 buck a _year_ increase. when i complain they say "indians can't talk" so they can't rise. what crap. I've lived all over the world and no one ever said i could not talk. they just want to come up with ways to take credit of your work.

    tell me, would they ever let a new mexican (even if he is a genius), work in anything except washing dishes or a pizza shop?

    Since we cannot vote, and don't have enough money to lobby (bribe) the politicians, we're orphans here. here money talks, BS walks.

    a gori told me once - 10 years ago indians used todrive mercedes, now most of them seem poor, now russians drive mercedes. i told her, indians are poor because by law most of them are forbidden from doing anything else except what the govt authorises them to do. russians come direct on GC. land of opportunity, right.

    Guys, write to the Indian parliament, Indian foreign ministry, prime minister. I know they're useless, but they're good at shaming others, especially goras. if we can't get justice, at least we can get some satisfaction by shaming these a**holes.





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  • saileshdude
    02-06 02:56 PM
    Vinod,

    This is the thread that was created by administrator.

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1059335-announcement-iv-would-like-to-help-with-ac21-cases.html#post1409417

    You can try posting there or you can contact administrator.

    Do keep us in the loop on what happens.




    saileshdude, mine is not labour substitution.

    how do I find the folks who were trying to collect the info for wrongful deniel of 485 ? I am just new to thsi forum . so please help me out .


    -vinod



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  • luckylavs
    06-18 12:46 PM
    THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments





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  • krishna.ahd
    09-06 09:53 AM
    Well, I like you because you are just a straight shooter. If you are such a straight shooter then let me do some straight talk, so just catch this.

    Your American mid-size company or Desi small size or super size company will get $180/hr but you will not get even $50/hr from the same client even when you go direct. So no matter how "highly-skilled" you think you are, your non-compete argument is not good enough for you not to be able directly market yourself, because there are gazillion other companies using BI, Cognos, BO, Informatica, Datastage and every similar crap. You can impress a few people by naming some technologies that maybe hot but they don't mean a &hit if you market them yourself. Here is why. A lot of people blame the lack of GC as a reason to be exploited. That is part of the problem. The other part of the problem is that most hiring managers in large companies get commission from these small, mid-size or large American, Desi or European consulting companies. That's why in most cases they always hire through one of these companies. They will not hire directly because the manager thinks you to be a stingy desi, and if he hires you directly the hiring manager will not see a dime, so why will he hire you directly? This is a big cycle of corruption and everybody is part of it including lawmakers who get contributions from lobbyist/representatives of these small, mid and large size companies. You think lawmakers don't know what is going on? You think client doesn't know that you make 85K when the middle company get $180/hr? You think the big-bosses at the company/client doesn't know that the hiring managers are getting favors from middle companies? You think lawmakers doesn't know that immigrant worker waiting for long delayed GC is bonded to an employer that buys employee retention insurance policy for the employer? They all know it. But you see every player in this movie, you, your hiring boss at the client site, the middle company, the lobbyist, the lawmaker and many more, they are all being paid from that $180/hr which you think that you are entitled for because you know Oracle BI and Congnos. Do you realize how easy this ETL, Informatica bull &hit is but somehow you seem to think that its worth $180/hr. And you seem to think that your problem is that other than you, everybody else around you is faking resumes. If you are so smart answer this, how will you avoid using two bitmap index on two columns in two tables when used in the same query? And why would you want to avoid using both the bitmap indexes? Na Na, now don't go to Asktom.com to look for an answer, you are highly skilled, you deserve $180/hr for knowing Congnos and Informatica, shouldn't you be knowing atleast this.

    Sorry, did not mean to put you on the spot, just trying to highlight that the problem in this entire debate is, every player in the picture stands up for his/her position always trying to project self-righteous image highlighting the part of the movie in which he or she is the hero and all others are villains. And BTW, now some "super-genius" branic at IEEE - some Ron Hira or NumberUSA or someone with the name Matloff will selectively cut paste from yours or mine post and use it to prove his/her agenda to make name and career for himself as if he is the savior of the world and ALL IMMIGRANTS are evil. And the story goes on and people continue to wait for something to happen when the cycle of corruption continues.... Best of luck my friend, you sure should get $180/hr on EAD, GC and when you are a citizen. It the turn of the idiots at Programmers Guild to read this thread thinking why they are not getting $180/hr. And those geniuses still don't get.... and they blame us for their problems. Well, its not their fault, they have to find and label some group of people as their enemy before they can play a victim card to get some sympathy and relief from nationalistic group of politicians.
    Very Well Said Sanju . ( not to offend valuablehurdle or infact anyone else )

    Yes GC/EAD gives to room to look around / negotiate the higher rate , to sustain and move up will require a lot more than that.

    Look at the aveage compansation for any area.
    Assess your expertise ( not to compare with you the guy sitting next to you)
    Try to move up in the ladder
    Keep updating your tech skill
    Diversify to more ( but related ) skill.
    Add niche like PMP / Six Sigma.

    Top of all , little bit of Luck , to be right place at the right time .

    I dont think , i have mentioned anything here extra ordinary , only "CS"

    Wish you good luck



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  • thomachan72
    07-20 03:30 PM
    Hi John, thanks for bringing this to the attention of our members. Lets hope everybody finds time to call Sen Cornyn to thank him for introducing this bill. Another thing I wanted to say is that, our members are all busy with 485 filing and stuff so we can expect a response only after the 17th of August when the excitement of 485 filing is over. Even though it was defeated it doesn't seem to be a very hated idea by the majority since 5 more votes would have made it safe. So there still seems to be a positive factor lingering around for us the "legal immigrants". Hope we are able to capitalize on it soon. IV is infact becomming stronger and more influential thanks to the dedicated efforts of the leader and the members. Pls keep up the spirit for all of us. We need vigilant people like you to do the work to spot opportunities and failures for the community. Thanks.





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  • nixstor
    07-04 03:25 PM
    To reflect the discussion.



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  • unseenguy
    08-02 01:46 AM
    Some are :

    eternal optimistic
    hopelessly optimistic
    cautiously optimistic
    critically pessimistic
    eternally pessimistic.

    Instead of playing this game like a lotto better plan and invest for your future :) I think that would pay off much better than this nonsense bulletin.





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  • imneedy
    07-01 06:23 PM
    1) what is the best way to attach photos when sending supporting docs so that they won't get lost or mis-placed. What goodies are avaialble in Staples for this?

    I put them in a thin plastic bag my photographer gave me and used a clip to put all documents together


    2) As part of AP e-file process, is it possible to do all the work on a machine which does not have printer and later retrieve the confirmation notice and print it?

    You can do it, you have the option to save the documents as pdf. From what I read from other users, sometimes USCIS website hangs and then you can request (by sending an e-mail) for the pdfs to be e-mailed to you. In either case I would recommend to use a PC with printer, it's more convenient.



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  • drirshad
    10-23 09:34 PM
    Just a question, r u from India or ROW .........

    R u EB2 or EB3 .............

    Let us know when u get the gc ............





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  • Lasantha
    03-17 02:13 PM
    There could be some truth in that. Last month a friend of mine returned from India with AP and he said most of the questions they asked were about the current employer. They had asked stuff like do you still work for this same employer, what do you do? how finacially stable are they etc.

    My friend still works for the same employer so I don't know what would happen if you answer No to that question.


    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?



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  • skillet
    07-19 11:36 AM
    EB2 Delivered on July 9th / UPS





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  • vin13
    01-13 04:13 PM
    I wish they do the horizontal spill from other countries to India every quarter. This way the work load at the USCIS is steady. Instead they like to wait for the last 3 months. This does not give them enough time to process.

    Is there a 'Dummies" series for effecient management of work which we could present to USCIS :D





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  • hmehta
    10-16 06:25 PM
    Probably your lawyer is correct that you cannot take advantage of family leave (maternity act) with less number of employees in the company than required for that.

    From what I understand about H1-B, you CAN take leave without pay - no problem with that...as long as you are on your company payroll i.e. your employement is not terminated.

    Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
    From what I know I can only have the 6 weeks of short term disability.
    The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
    I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
    Your answer would be appreciated.

    Thanks





    kshitijnt
    05-14 07:06 PM
    What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.

    There are a few options:

    1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.

    2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.

    Pros & Cons:

    Consular:
    You get your GC as against EADs endless loop.
    You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.

    AOS:
    You and your spouse both get EAD. NO need to travel to foreign country.
    You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
    More time consuming and longer duration.

    The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.


    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!





    chanduv23
    08-04 09:33 AM
    I dont think USCIS is thinking that way. They are just picking a stack of application ( mix of all EB1 2 3 for all nationalities) and validating the applications to see if anything is missing or if there are potential reasons to deny it. If they can deny it they will do it promptly and that is one less case to be shown as pending. If they need additional info they will issue RFE and get updates. If they feel satisfied they can pre-adjudicate application and claim that count in their yearly review as acheivement.

    Preadjudication is done to maximize visa utilization and avoid rapid movement of dates. DOS moved dates in July 2007 to maximize visa utilization keeping CP applicants in mind, but did not have a count of AOS applicants.

    But the fact with EB is most applicants are AOS as compared to CP.

    By preadjudicating they are able to have a count upfront to hit the CPO trigger.

    Now when your dates become current, the officer may want to review your situation again or may not - this is pure speculation and is a possibility.