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  • shana04
    02-13 02:08 PM
    I understand so Many of us are looking at the Options of Using AC21.
    I am currently looking for a Good Attorney for this.
    I have contacted Sheela Murthy's Office and Rajiv Khanna's Office.
    Both of them are very very expensive.

    I am looking for an Attorney who charges under $1000 and also knows
    about the Immigration Matters.

    I would appreciate any pointers and suggestions in this regards.

    Ellen Krengel - Good and reasonable (google for telephone)

    Christine Troy, Attorney at Law - tel 415-399-9490 - Good and reasonable

    Helen Konrad - Tel 804-775-3818 - good and reasonable

    Kapoor & Associates - Phone: (404) 685-9940 - found reasonable, talk to them and finalize

    K K Rastogi ESQ - Ph: 212-279-4403 - talk to him, I did not talk to him.

    Andrew Dutton - 917-536-5940 - I did not get a chance to talk to him, but heard he is reasonable

    Good luck





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  • gk_2000
    05-01 09:22 AM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    I hope you are not one of the guys, who have mindset to kill the person who they THINK he is in their way to getting GC .. because it will be dangerous combination

    And I hope what others have written made you reconsider your view. If not, see this fact : Pakistan has crossed such lines, even done much worse things, several times but US has not broken ties etc. What US actually responds to is the ASSERTION of sovereignty and SELF-RESPECT. Not pansy behavior, if you know what I mean.

    Don't worry. US will respect India's right to act in its interests. If they dont, then what difference will remain between it and a common country.





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  • map_boiler
    11-06 12:02 PM
    I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...

    Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?





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  • psaxena
    02-27 05:29 PM
    Friends,
    Please stop replying to these kind of post. Since these kind of post word illegal,marijuana and others, when somebody googles words related to that the IV page will get listed and first glance makes a bad reputation of IV. I would request the admin to take the thread off the site.

    Your replies fuel the searchability of these kind of threads.



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  • npperi
    04-03 09:51 AM
    Sent faxes 10 & 11.

    Thanks to all involved!





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  • anshal
    12-30 08:13 PM
    R u serious? Is this really a serious question??? R u soooooooooo desperate to change ur employer that u cant wait for one more day? And that too a holiday...LOL joke of the day!!!
    31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?



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  • dskhabra
    02-11 02:12 PM
    EB2 I should get more spill over from EB2 ROW that what it got last year. The number of labor approvals is very less after June 2008( someone posted it earlier in some other thread). EB2 ROW is always current and I think the usage should be low this year.





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  • peacock
    07-19 10:33 AM
    Hi
    You can skip skin test and just straight away get a Xray done.
    Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .



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  • vactorboy29
    04-29 01:06 PM
    India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India’s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.





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  • desi3933
    07-19 05:09 PM
    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
    Check this.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
    As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
    It is not so easy.
    Please refer to these posts from UnitedNations on this :
    http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
    and
    http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.


    ______________________
    Not a legal advice.



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  • chaukas
    09-09 05:53 PM
    The discussion seems to be focused on getting a certification to add to your resume. I am a PMP too, have delivered several small projects.
    I think whether you are a PM or a developer, PMP is a good step to understanding and appreciating the business value of what you are doing as a techie.

    It is not just a certification but a way of thinking.
    It applies to everything in your life not just your work......

    Treating it like a commodity isn't the best way to look at it.

    My 2 cents .....





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  • reachag
    04-02 12:37 AM
    sent #11 too



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  • waitin_toolong
    07-31 12:14 PM
    guys cool down it took them till end of May about 2 months to issue all receipt notices for H1 filed on Apr 2 this year. With the whole yes-no-yes situation this month they are definitely backlogged. Lets just wait till we actually get the receipts .

    there is no point in calling names.





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  • rolrblade
    07-19 10:23 AM
    Dude: Ask your attroney if you can do this. But in any case she needs to get an emergency appointment. As someone rightly poitned out, slight delay in flight......... years of waiting.



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  • parrytee
    04-01 05:28 PM
    sent fax #10





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  • LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

    ------------------------

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..



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  • spindoctor
    07-19 07:42 PM
    this is a good response, seconding it.


    Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(


    To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?


    B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.


    B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.


    Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.


    If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.



    Also, using cruel in the thread title is uncalled for.


    Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.


    The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?

    Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...





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  • indian
    12-20 06:14 PM
    Hi,

    Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?

    I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.

    I think doing this would also help us have a much more informed and to the point debate.


    Indian.





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  • CADude
    07-27 05:25 PM
    Good one!!

    Read the two stories for break.

    THE BEST LAWYER STORY SO FAR

    One afternoon a lawyer was riding in his limousine
    when he saw two men along the roadside eating grass.
    Disturbed, he ordered his driver to stop and he got
    out to investigate.

    He asked one man, "Why are you eating grass?"

    "We don't have any money for food," the poor man
    replied. "We have to eat grass."

    "Well, then, you can come with me to my house and I'll
    feed you," the lawyer said.

    "But sir, I have a wife and two children with me. They
    are over there, under that tree."

    "Bring them along," the lawyer replied. Turning to the
    other poor man he stated,

    "You come with us, too."

    The second man, in a pitiful voice, then said, "But
    sir, I also have a wife and SIX children with me!"

    "Bring them all, as well," the lawyer answered.

    They all entered the car, which was no easy task, even
    for a car as large as the limousine was.

    Once underway, one of the poor fellows turned to the
    lawyer and said, "Sir, you are too kind. Thank you for
    taking all of us with you."

    The lawyer replied, "Glad to do it. You'll really love
    my place. The grass is almost a foot high


    STORY 2:

    Mom comes to visit her son Kumar for dinner.....who lives with a girl
    roommate Sunita. During the course of the meal, his mother couldn't
    help but notice how pretty Kumar's roommate was. She had long been
    suspicious of a relationship between the two, and this had only made her more
    curious.

    Over the course of the evening, while watching the two interact, she
    started to wonder if there was more between Kumar and his roommate than
    met the eye.

    Reading his mom's thoughts, Kumar volunteered, "I know what you must be
    thinking, but I assure you, Sunita and I are just roommates." About a
    week later, Sunita came to Kumar saying, "Ever since your mother came to
    dinner, I've been unable to find the silver plate. You don't suppose
    she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."


    So he sat down and wrote :

    Dear Mother:

    I'm not saying that you 'did' take the silver plate from my house, I'm
    not saying that you 'did not' take the silver plate.. But the fact remains
    that it has been missing ever since you were here for dinner.

    Love, Kumar


    Several days later, Kumar received an email from his Mother which read



    Dear Son:

    I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
    you 'do not' sleep with Sunita. But the fact remains that if she was
    sleeping in her OWN bed, she would have found the silver plate by now
    under the pillow...

    Love,
    Mom.



    Lesson of the day:
    Don't Lie to Your Mother...........especially if she is Indian !





    sasidhar79
    11-03 01:05 PM
    President Obama is not just far left.

    He is far too liberal(left) fiscally and far too conservative(right) socially.

    What does that say ? No relief for us from him, we should look forward for someone else to help us.





    Drifter
    04-01 07:10 PM
    Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS).

    Ramba and others
    Thanks for all your responses, It is clearly the attorneys fault.
    - I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
    - I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
    The error is with the Attorney and it is one of the big immigration firms.

    What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys

    Please help.



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