Wednesday 22 June 2011

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  • Ruta
    07-20 12:13 PM
    Ours was filed in NSC - July 2nd (hand delivered is what lawyers say.)

    I had 1 question.
    How long should we wait for receipt to be issued? I am concerned if USCIS misplaces package or something happens, we would miss window of opportunity to file.

    Also since lawyers say its personally delivered, how do we track/keep proof that ur package was delivered?

    Should we just go ahead and re-file if we dotn hear from CIS in 10 days?





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  • malibuguy007
    04-01 09:03 PM
    I haven't applied for green card yet. Is IV only for GC purposes or it addresses other issues too which makes life of H1b holder hell?

    Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.





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  • abhisec
    10-03 03:38 PM
    Me too.. I will start my company and work for it....enough is enough...no more getting scared..oh what will happen if the IO doesn't like my face..ot the way i dress....:D:D

    Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?





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  • h1techSlave
    10-05 01:31 PM
    Thanks Dude.

    I have used your template to send my complaint to this misleading reference in their article.

    Sub: Misleading reference in your article

    Dear Sir/Madam,

    In your Online Edition the following section in a news item is misleading and misinforming.

    http://online.wsj.com/article/SB1191...googlenews_wsj
    "HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers. But in the poll, 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship."

    High Tech Employers DO NOT employ "Illegal Aliens". All immigrants sponsored by employers are law abiding LEGAL immigrants. Your news item is defamatory and libelous to legal Highly Skilled Immigrants who have been waiting for years, some as long as 6-7 years.

    Please take corrective action to rectify the mistake ASAP.

    Thanks In Advance.

    Regards,
    XXX
    Legally working in the US since 1998.


    I sent them my share of brickbats. Have you?

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

    Dear Sir/Madam,


    In your Online Edition the following section in a news item is misleading and misinforming.

    http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj

    HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers. But in the poll, 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship.

    High Tech Employers DO NOT employ "Illegal Aliens". All immigrants sponsored by employers are law abiding LEGAL immigrants. Your news item is defamatory and libelous to legal Highly Skilled Immigrants who have been waiting for years, some as long as 6-7 years.

    Please take corrective action to rectify the mistake ASAP.

    Thanks In Advance.

    Regards,
    XXXXX



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  • StarSun
    05-13 09:48 AM
    IV encourages members from every state to participate in the advocacy days - meeting with the legislators on both the Senate and House side on June 7th and 8th; with the training being on June 6th.

    It is also possible for members who are unable to make it to DC on those days to still be a part of the effort. Please pledge your support by donating for air tickets or hotel stay. Few members have offered their miles to be used for air tickets, and many of our VA, DC, MD members have opened up their homes for out of town IV members. We need more offers to cover all the costs.

    Some members are also driving from OH, PA, NJ, NY, NC.... If you could also post on this thread, we can get members to carpool and thereby share costs.

    Please make your pledges known either to your state chapter leaders or on this thread, and we will be contacting you on your offers.

    Lets make this a successful effort on all fronts.





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  • jkays94
    10-03 01:32 PM
    I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...

    well! best of luck to you guys! go on sharing your stories.

    Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

    To: REGIONAL DIRECTORS
    SERVICE CENTER DIRECTORS
    From: Michael Aytes
    Acting Director of Domestic Operations
    Date: December 27, 2005
    Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
    H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
    2000 (AC21) (Public Law 106-313)


    Question 7. Should service centers or district offices request proof of �ability to pay� from
    successor employers in I-140 portability cases, in other words, from the new
    company/employer to which someone has ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
    classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
    new employer and the job offer through an RFE to the adjustment applicant for relevant information
    about these issues. In an adjustment setting, public charge is also a relevant inquiry.


    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 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.



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  • copsmart
    11-15 09:35 AM
    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx

    If you are unhappy with this employer, you always have a choice of finding a different one, but there is no guarantee that the other one is also not a blood sucker. This situation will continue until you depend on the consulting companies (especially DESI) for your H1B and GC needs.

    The best option is to find a full time job with a reputed company and stick with them until your GC is completed or until you get to the point where you can use AC21, nowadays lot of companies are processing H1. Check the visa database to find the information regarding the employer you are interested in.

    Don�t just choose the employer based on the attracting benefits they offer. Conducting some due diligence will land you at the right company.

    BTW, what do you mean by �you have no liberty to find a job�? All you need is internet and a phone to talk to people.
    Lot of people including myself has been through this nightmare, believe me it�s not so difficult.

    Good Luck!





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  • babu123
    07-19 10:00 AM
    EB2 July 2nd 9:00 AM delivered



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  • krishnam70
    02-27 03:26 PM
    http://www.ailf.org/lac/lac_lit_visab.shtml
    http://www.murthy.com/ailf_lawsuit.html#Update6

    They obtained authorization to file the lawsuit. They had it prepared to file and received good response from possible plaintiffs. It was possibility of good strong case by AILA that deterred USCIS to reverse the decision without a formal lawsuit. This is exactly what we need to further our cause. USCIS could care less about other petty tricks. They will only understand language of laws/court. For that we need congress to pass laws favoring us.


    Our decision to send flowers was initiated around 2-3 July and the first of flowers were booked to be sent the same day.

    follow this thread
    http://immigrationvoice.org/forum/showthread.php?t=6000&highlight=krishnam70

    the talk of AILA filing a law suit was around 3 week of July and murthy about the same time. The flower campaign got quite a lot of attention and it did play its role

    What we need now is not another flower campaign but something else. We could take the suggestions of other IV members, may be sending a letter is not a bad idea with some extra postage stamps to help out the USPS since they also reduced some of their services due to funding issues. How about sending few $$ donations to the military fund any public fund to be used to spending.

    We need to consolidate all these threads in to a single one and start working on it and quickly.

    'While the jews argued about whether the romans were right or wrong they got sacked'. so lets have some focus and get something underway

    - kris





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  • Milind123
    08-02 12:52 PM
    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance

    Best answer so far. One more thing, you can hold back some silly thing making sure you get RFE, then you should have enough time to file her 485 when PD becomes current again. However, I don't know if they send out RFE's when your PD is not current. Also, send your application just before Aug 17th (say 15th). I also read somewhere that when dates are current for a given PD, receipt date is the driving date.
    Note: Not a lawyer, don't intent to be one (never).



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  • LostInGCProcess
    09-19 04:35 PM
    1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed

    2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?

    PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!

    There is no such thing as "invoking" AC21. Its a law. Most important thing is, your I-140 must have been approved and I-485 is pending for more then 180 days....you are Free to sail in the same or similar field.

    Forget about option 2.





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  • gcdesirer
    08-26 03:17 PM
    Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.

    We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)



    =================================================
    Quick set of related questions. Pardon my ignorance. Is this second biometric appointment a "must have"? how does it work? Myself and my husband have got had our first Fingerprint appointment long back. how does that part of the system work? When will the second one be due?



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  • return_to_india
    10-01 10:25 PM
    I and my wife are debating whether to apply OCI or PIO card for our son who was born in US and has a US passport. We both hold Indian passport.

    Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.

    To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).

    Here is the san francisco Indian consulate OCI V/s PIO card link:

    http://www.cgisf.org/oc/oci-chart.pdf

    Consulate website : http://www.cgisf.org/

    PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
    OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)

    As for registering with police ( with PIO card ) every 6 months, i am not sure.
    Some of my friends say one needs to send a letter to some regional dsp office.

    Anybody has more info ( i mean the families with us citizen kid who moved
    back to India and staying there with PIO card ? ) ?





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  • gc_check
    02-24 12:23 PM
    Folks,

    Need ur participation... I'm not an active member, but have done my part.

    As you all know the famous saying, "Make hay when the sun shines", we have to act on right time to succeeed in our efforts. I see 800+ registered members.. Counting atleast $100 each, we should atleast be close to 50% of the target.. but it not the case here, Most of us have been in this country for years and also are planning to make this our home... Contributing $100, should not be a big deal.. Folks please join hands together... and help the folks who are actively working on this... .

    Also each of us, already members in the group, atleast should try to get minimum one new member to this groups within next week time, we should be able to increase the membership rate dramatically and the contributions too....

    "United We Stand"



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  • praveenuppaluri
    04-02 02:32 PM
    your posts should seriously offend me as I am from A.P but again, are you really worth that I should be upset about your rants.. I don't think so... your title suggests it all.. you acknowledge you are uncontrolled...

    coming to your question below - I haven't applied for GC but I plan to soon. and common sense tells me that unless all the ones infront of me get theirs, I should wait for a loooong time and that is enough motivation for me to go to DC rally, work on IV action items, join the state chapter and most important CONTRIBUTE so that IV has the funds that will eventually help me. july 2007 fiasco didn't help me to get my EAD but that doens't mean I have to spill my frustation in bad taste in an educated forum with stupid handle..

    if you are NOT planning to apply for GC and go back to your home country - no body is stopping you. you are FREE to move back. H4 dependents can't work and there is no surprize there. thats the rule they had in place from day 1. if you don't like it - do something about it and let us know what you are doing - we might actually support you.

    if you think ranting in public forums and showing your frustation on one community is "showing courage".... well.. I hope you get well soon...

    Gulti mentality was something that guy(malibuguy) was talking about . Thats what i meant by Gulti mentality . I just started with a simple question "WHATS THE MOTIVATION FOR CONTRIBUTION(MONEY AS WELL AS TIME) FOR PEOPLE WHO HAVEN'T APPLIED FOR GC " !! Was that offensive ? I don't need answers for specific questions. I just need to know what IV is all about ? ? BTW, i have balls to ask anything to anybody if it makes sense(immigration officer is not making rules) .





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  • mnkaushik
    02-09 03:25 PM
    Reno, could you please give us more information about your and your friends' experience :

    - What your qualifications are.

    What the Sr. software engineer job requirements were. Things like:
    - Education
    - Experience

    and also more info about your experience with PERM:
    - Processing center. Chicago or Atlanta?
    - Processing time.
    - Any audits?
    - Any business necessity documentation requirements?

    I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.


    My wife applied for LC as Business Analyst with Bachelors and 5 years of Exp.

    My wife has done her Bachelors in Engineering from Bombay. She had more than 7 years of exp at the time of filing. The job required 5-7 years of exp with abachelors Degree.

    She applied to Atlanta center and it took around 5 months and no audits that we know of. thenshe applied for her I 140 which took around 3-4 months. There was an RFE for exp letters since the lawyers did not give it during her I 140 filing. After the lawyers responded to her RFE, her I 140 was approved in 15 days. Now she is waiting to apply for I485.

    I hope this gives u an idea that u can apply for EB2 as BA if the job requires Bachelors and 5-7 years of exp.



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  • thomachan72
    08-24 11:08 AM
    Hi buddy cannot findout how to vote. Please cast a vote for me PD >2006 (actually 2008)





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  • ragz4u
    04-03 12:40 PM
    We are working really hard to get our amendments in. Please understand, we are not doing this for fun. We are into this just like you for our green cards. It would really help if we get support instead of having to answer the same questions over and over

    To emphasize again

    We are trying to get our amendments in the bill. It is not an easy task considering that the senators have achieved a fine balance behind the doors and are unwilling to be the ones to break it. But again, we are going full steam with this as it means as much to us as to you. And remember, we are a voluntary non-profit organization. Before you start doubting anyone here, remember, there is no gain for us doing this.

    I am not sure if this satisfies everyone, but WE ARE WORKING ON THE AMENDMENTS CURRENTLY.





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  • jungalee43
    09-23 11:48 AM
    Finished calling all except those who are not in favor.
    Updated poll.





    ivslave
    09-11 06:43 PM
    to see higher number.... more than 77% at this time.....





    LostInGCProcess
    02-23 11:35 AM
    Only reason Attenborg's Gandhi was so magnificient is ...because it was an outsiders view on the life of gandhi...a less attached view of bapu's life.

    If a desi had made that movie he would be overcome with his personal view of gandhi..

    the movie on Gandhi is a masterpiece and slumdog is a piece of shit.

    Credits to rehman for being brilliant as usual...but deifinitely this is not his best.

    Slumdog made it to oscars only because a white dude directed it...if a Benegal or Mehra had directed it..it would never have made it past the shore..

    My question to all the white trash out there..why are they so fasinated/amused by the poverty in asia or developing country.

    Oh poor brown man..look he jumped into a pile of shit ...

    Slumdog was demeaning in its potrayal of desi's ... Boyel showed the grisly side of poverty..but he failed to mention abt the lakhpatis in Dharavi?

    I would have to agree with your point of view. But don't you think it time the Indian Government (with all the criminal politicians) would take a note of this and correct the image of India by at least starting some project to alleviate the problems for poor of the poorest? Don't you thing its high time that something is done about it?



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