Wednesday, July 13, 2011

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  • alex99
    04-11 10:26 AM
    bump...





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  • sanju_dba
    08-11 11:02 AM
    Mr Path of Joy
    I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
    A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.

    I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.

    So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
    Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.

    Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.

    same boat here, i bet many others do so.
    back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).





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  • indianabacklog
    02-12 04:07 PM
    Its like what NAZIS did to Jews.. Cmon this is America, lets post this to President Obama's website

    This is NOTHING like what the Nazis did to the Jews. It is highly inappropriate to even suggest this. Go away, read your second world war history and you will quickly realize this.

    What the US is doing is trying to save jobs for its own. Normal process when things are looking so bad. This has been happening all over the world in many countries for decades.

    This level of drama is not going to win anybody any favors. Need to remain level headed and understand the reasoning behind what is happening.





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  • Munna Bhai
    12-26 02:01 PM
    Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?

    -Thanks,



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  • vandanaverdia
    09-10 03:48 PM
    Well... We are eager & all hope to see Andy at the rally....





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  • dummgelauft
    08-21 11:33 AM
    Uscis has done nothing wrong.

    This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?

    How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)

    Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
    HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
    If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen



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  • gkdgopi
    07-13 09:27 PM
    Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.





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  • glus
    07-18 08:13 PM
    guys,
    please go to http://www..com/usa-immigration-trackers/ and go to i485, then enter your case. Hundreds of people track their cases there, and that includes me. This is a good site for tracking purposes and it even generates graphs.

    Please don't expect receiving I485 notices now if you filed on or after July2nd. USCIS is still working on the Jun filings and our filings will come later. Some people say it may take up to 3-4 weeks before we get receipts. If you have record of delivery to uscis, don't worry and just wait. Don't bother calling USCiS, it will not help at this time.

    G



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  • rimzhim
    04-04 04:04 PM
    [From here (http://www.ieeeusa.org/policy/issues/).

    Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
    [/LIST]
    great to hear that!

    also johnifax98: if middlepersons are exploiting the system, it will help to eliminate their role. i agree that is also abuse.





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  • logiclife
    12-20 07:24 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice

    You are mixing up a lot of things.

    Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.

    The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.

    If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.

    Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.

    So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.

    If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.

    REGARDING RESTAMPING H1 OVERSEAS:

    I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.

    I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.

    Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.



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  • gangadhargs
    12-25 12:35 PM
    I got my reply from USCIS today. The receipt number is NRC2008072623.





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  • hpandey
    06-10 12:46 PM
    I think we should also work on making sure that Mr Grassley et al don't get elected to the Senate the next time so that they are not able to bring these useless racist amendments. They will only realize it when it will hurt them politically. All the H1b's and AOS people have relatives or friends who are well qualified to vote . They should encourage everyone to vote against these bigoted people .:mad:



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  • anilsal
    06-30 10:50 PM
    It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.

    Just go to the USPS website and locate an office that is open on Sun.





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  • nixstor
    10-26 10:17 PM
    please send the link and doc.

    Please look at the first post in the thread.



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  • suriajay12
    02-19 07:21 AM
    And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?

    Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!

    There is a difference.. In this case (>5 years), it will also include clauses or something that will not jeopardize your status. Compare requirements we have to meet in different stages and in this case. In LC, 140... you are at the mercy of many agencies, including mood of the officier who looks at your case, economic conditions, your employer, etc etc.. endless list . In this case you are just dependent upon yourself and if you can prove you were in the US for >5 years in whatever ways you can, then you are good. I know some who dont meet this 5 years may be disappointed, but they must find a way to include themselves if they can make sense. But not just cut the line.
    To prove >5 year legally in US is fully on you.. which is VERY good. Support it.





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  • nojoke
    09-19 03:05 PM
    The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...

    The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words…dude, if you look around there are lot of small things that can make you happy.

    As if waiting for GC is not problematic enough, we have to put up with your “sky will fall” predictions.….

    If you don't want to hear the problems, you don't have to read these posts. Why do you insist that I stop posting, since you don't like it. :confused:
    Since you think this is all my prediction - Today from washington post
    ----------------------------------------------------------------------
    Citing Grave Financial Threats, Officials Ready Massive Rescue

    Paulson and Bernanke presented a "chilling" picture of the state of the financial system, according to a participant in the meeting who spoke on condition of anonymity. Lawmakers were told that the consequences would be grave if they failed to pass legislation by the end of next week. Sen. Harry Reid (D-Nev.) and Rep. Nancy Pelosi (D-Calif.) committed to meeting that deadline.
    ....
    Now the government is contemplating its broadest -- and perhaps most expensive -- intervention to date.
    The urgency has only grown with each successive intervention because the first three tries have not worked. People are withdrawing money from money-market mutual funds. Banks are refusing to lend to one another. Several large financial companies need money to stay in business, including the bank Washington Mutual, which is seeking a buyer.

    http://www.washingtonpost.com/wp-dyn/content/article/2008/09/18/AR2008091804200.html?hpid=topnews

    And from NYtimes
    -----------------------------------------------------------------------
    WASHINGTON — It was a room full of people who rarely hold their tongues. But as the Fed chairman, Ben S. Bernanke, laid out the potentially devastating ramifications of the financial crisis before congressional leaders on Thursday night, there was a stunned silence at first.

    Mr. Bernanke and Treasury Secretary Henry M. Paulson Jr. had made an urgent and unusual evening visit to Capitol Hill, and they were gathered around a conference table in the offices of House Speaker Nancy Pelosi.

    “When you listened to him describe it you gulped," said Senator Charles E. Schumer, Democrat of New York.

    As Senator Christopher J. Dodd, Democrat of Connecticut and chairman of the Banking, Housing and Urban Affairs Committee, put it Friday morning on the ABC program “Good Morning America”: “The congressional leaders were told “that we’re literally maybe days away from a complete meltdown of our financial system, with all the implications here at home and globally.”

    Mr. Schumer added, “History was sort of hanging over it, like this was a moment.”

    When Mr. Schumer described the meeting as “somber,” Mr. Dodd cut in. “Somber doesn’t begin to justify the words,” he said. “We have never heard language like this.”

    “What you heard last evening,” he added, “is one of those rare moments, certainly rare in my experience here, is Democrats and Republicans deciding we need to work together quickly.”

    Although Mr. Schumer, Mr. Dodd and other participants declined to repeat precisely what they were told by Mr. Bernanke and Mr. Paulson, they said the two men described the financial system as effectively bound in a knot that was being pulled tighter and tighter by the day.

    “You have the credit lines in America, which are the lifeblood of the economy, frozen.” Mr. Schumer said. “That hasn’t happened before. It’s a brave new world. You are in uncharted territory, but the one thing you do know is you can’t leave them frozen or the economy will just head south at a rapid rate.”

    As he spoke, Mr. Schumer swooped his hand, to make the gesture of a plummeting bird. “You know we’d be lucky ...” he said as his voice trailed off. “Well, I’ll leave it at that.”

    As officials at the Treasury Department raced on Friday to draft legislative language for an ambitious plan for the government to buy billions of dollars of illiquid debt from ailing American financial institutions, legislators on Capitol Hill said they planned to work through the weekend reviewing the proposal and making efforts to bring a package of measures to the floor of the House and Senate by the end of next week.



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  • kbsyed61
    06-06 04:47 PM
    A friend of mine (from India) got his GC approval notice on 6/3. Here are the details:

    LC PD - April 12 2003.
    I-485 RD - June, 07, ND - July 16th 2007.
    Filing Center - NSC
    Received RFE 5/14/08.
    Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
    6/03 received email about card production ordered.

    Congrats to all those lucky souls.





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  • BharatPremi
    03-17 02:30 PM
    Thanks
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.





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  • thepaew
    05-26 04:51 PM
    We were traveling the Montr�al on Friday and saw this too. The Border Patrol had set up a roadblock on I-93 S and were stopping everyone.

    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.





    ImmiLosers
    11-22 12:26 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!





    qplearn
    11-24 11:02 AM
    Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
    --------
    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer


    Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.



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