Monday, June 20, 2011

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  • bestia
    08-15 06:14 PM
    Everyone wants to play it safe until they get greencard and then everyone becomes risk taker after greencard gets approved; because they feel uscis is no longer watching.

    Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?

    I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.

    There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.

    USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?

    Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?





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  • perm2gc
    10-30 10:47 PM
    [QUOTE=gc_in_30_yrs]Can we get the copy of I-140 Approval Notice under the Freedom Of Information Act (FOIA)? If so, please advise the way to do it.
    QUOTE]

    Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
    It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).

    i will post more information once it is available.
    Even to a get Copy of I-140...retrogress.....OMG help _/\_ USCIS_/\_





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  • ufo2002
    09-15 12:59 PM
    Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year

    1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �

    2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..

    3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..

    4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC

    5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..

    1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
    2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
    3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..

    Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...

    We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�

    Good Luck and lets keep up the effort... :)

    I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
    With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.





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  • eb3retro
    04-11 10:42 AM
    Question gurus... I have a xerox copy of my approved I-140. Will this be enough to port the priority date? or do you need the original copy to be submitted along with the new I-140 application when you request portability of older priority date?? please clarify.



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  • kavita
    07-02 12:40 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..

    From what I remember, when we wrote to President Bush, only 5000 letters were sent.
    I dont think a number like 50,000 could ever be reached.





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  • desidas
    02-01 01:49 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

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

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.



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  • Gravitation
    01-23 09:18 AM
    Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
    http://www.immigration-information.com/forums/showthread.php?t=7065

    He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..

    Ron has not made prediction specifically about India. Somebody asked Ron about filing I-485 with May 2004 PD without mentioning that (s)he was from India. So Ron probably assumed RoW. The OP later clarified that (s)he is from India and Ron hasn't replied to that. So let's wait for Ron to reply before getting excited about it.

    If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".

    We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.





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  • Jaime
    09-22 08:13 PM
    This is an actual drain stopper....feel familiar???



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  • pappu
    11-02 04:28 PM
    Few months back, 2 DMV officers gave me a tough time in CT. I wrote strong complaint and got a reply that, it will be allright if I go again and I went for the 3rd time and got it without hasstles.

    Here is what happened

    Dear Mr. Vemula,

    This reply is in response to your email of 5/20/06 in which you
    describe
    the difficult time you have had in obtaining a CT license. Please be
    ad

    Elaine McDougal, Div. Chief
    CT Dept of Motor Vehicles
    Branch Operations Division

    Best regards,
    Chandrakanth Vemula
    It shows that the interpretation of law is not same everywhere.
    some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.





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  • chanduv23
    10-09 04:58 PM
    ^^^^^^^^^^^^^^^^^^^



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  • akela_topchi
    01-14 02:04 PM
    This is not for legal immigrants. It is clearly directed towards legalizing the illegals - who obviously would not leave US once they get a chance to enter.

    Economy is in trouble so immigration will be on back-burner.

    Still if Democrats chose to fix (really??) immigration, I think they would try to address concerns of Hispanic voters by legalize illegals and fixing family based immigration issues. This would help increase Hispanic votes, and support in 2010 elections. New Hispanic voters may make up for the non-Hispanic US votes they lose in the process.

    If they address just legal immigration, it will anger both Hispanics, non-Hispanics groups and their votes in 2010 elections. So it's not a possibility.

    Here are a **few equations that make it easier to understand. :) :)

    VB = W + A + H + O <--- 2008 Dem vote bank.
    (W: Whites, A: African American, H: Hispanics, O: Others. )

    VB1 = (W - ΔW1) + (A) + (H + ΔH1) + (O) <-- pro-illegal policies
    So Δ(vb1-vb) = ΔH1 - ΔW1 (it may give them some additional votes.)

    VB2 = (W - ΔW2) + (A) + (H - ΔH2) + (O) <-- pro-legal policies
    and Δ(vb2-vb) = - ΔH2 - ΔW2 (significant loss of white and Hispanic votes )

    Based on this - Dems can't afford to be seen as Pro-legal.

    ** These equations are described as "Great breakthrough in computational politics" - by rb_248. :) :)





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  • lazycis
    06-12 11:50 AM
    I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.



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  • DDash
    09-08 03:16 PM
    Sanju, add78 and FinalGC and others...great points...Thanks for sharing your thoughts. I am in similar boat as the OP. Its just that I already ventured out and now I am working as an independent contractor. I have a layer to go through between the Client and my employer (Desi).

    Big consulting firms could charge 180, 200, even 250 to the client depending on the market rates for the particular skill set. Like most of you all mentioned, they do because like you, they want to make money as well. They have a bigger obligation of making their stakeholders happy. They do lot more than an average independent contractor do. They establish contacts mostly not at the middle manager level, but at the CEO level. As a CEO/CIO of Deloitte/IBM they have better access to CEO/CIO of the client. As it is pretty obvious, CEO/CIOs of the clients actually make/break decisions. So they are generally more successful getting big dollar projects. Once they secure a project, they obviously tend to place their employees on to the projects. Occasionally, they also hire sub-contractors AKA independent consultants when they don’t have enough internal resources.

    I am looking for ways to be a successful independent contractor. I believe, networking and building a reliable set of people who can help you is very important. But the challenge is, it is not easy to find people who are reliable and who will ACTUALLY help you land a project. And of course it is not easy to stay in touch with everyone (at least for me).

    To OP: I think you will have to decide what you want to do in your career. If company sponsored training, marketing, working on cross platforms/applications, stability, "company name on your resume", etc is important, you will have to compromise on the money. If you want to make quick money, take the plunge and jump in to independent consulting. You can potentially double your salary. You don’t have to have a G.C. to be a independent contractor. G.C./EAD certainly helps but not a requirement.Find a good desi employer who will support you and who will pay you "your share of money", find a good stable project and you are good to go. YOu can save money on taxes as well. But then the downside is, you pay for your own training, traveling and benefits.

    End of the day - There are pros and cons on both sides of the world. Pick your choice, you will have to compromise on the cons.

    BTW: I have to agree with Sanju on the commissions/under the table transactions that are reality in the consulting world.





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  • gcnotfiledyet
    02-24 06:41 PM
    Did AILA actually file a lawsuit?

    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.



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  • sanju
    11-15 11:23 AM
    Guys,
    Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
    I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
    Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
    Thnx

    Well, in your case you don't have to prove anything, your employer has the burden to prove that he gave you "Cash Advance", which he didn't. He is the one deducting from your pay check. Deducting any amount from any pay check is a big deal and employers have the burden of proof. But that's the least of your worries. You are taking about "how will you prove". I am sure you can report this to US DOL and/or NJ dept of Labor. Given a choice, it would be better to report this to US DOL as foreign labor is in the jurisdiction of US DOL. If are willing to report your employer (whom I have many adjectives to describe), I will post the link to DOL website. In the past there were some post on this forum that said that the admin of this site could also help if you want to do something like this. Be ready to change your employer after you report to US DOL. You employer will be toast and will be debarred from filing H1s for few years (practically forever).

    All the Best.





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  • smuggymba
    01-01 07:38 PM
    My dear Mr. smuggymba -
    for your kind information, sorry for starting rats comparison here but I came to US about half a dozen years before you. my priority date is 2006 and EB3. also I recognize that there are ppl out there who came earlier than me too. Its very easy to preach 'Life is decided by choices we make', 'your luck/fate, success is decided by your own effort, talent', 'if you have it, ppl will notice it and you will succeed' etc. when you spend the most energetic, productive part of your life in a country, you would expect that country reward you with atleast opportunities to prove your mettle. not to say its immensely painful when ppl who came years and years after you get GC and grow leaps and bounds right in front of your eyes.
    P.S. I am not questioning your qualifications or anything.

    Just chill man. You're the one who was calling GC garbage can and then spending your most productive years on garbage can. Who spends his most productive years on garbage can? Obviously GC is something bigger for you.

    Anyway, best of luck and have fun with familiy. Don't take too much stress...hopefully Obama will do something and everyone will have GC in 2-3 years. chill. Indians and Chinese have a disadvantage in this GC race and it affects all of us. A guy from Argentina already has GC and we applied at the same time. I also see these things around me but we can't do anything. We chose it.



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  • wellwisher02
    05-13 04:46 PM
    I would strongly suggest, people refrain from using words like injustice, etc., Injustice implies the US govt is doing something wrong, when they are not. Such accusations do not reflect well on us and are unlikely to benefit in any meaningful way.

    Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.

    The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
    ---
    Agree with you! I faintly remember a reputed attorney filing a suit against INS a couple of years back against protracted GC on behalf of the GC community. It was rejected outright.





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  • kks_sundar
    05-07 12:13 PM
    I have citizenship already. I am just waiting for GC:)

    My parents are getting old. I am going back in 3 years. Heard from friends, earn enough and go. There will never be enough.

    Almost, all of us started here from Nothing. Now we have atleast something to start with. Yes there is always things for Pros and Cons.

    I am not worried about GC. Waiting for a good opportunity to jump back to India.

    It will be really nice if I can get work from home job from US and settle down in a hill side with nice estate in India. :cool:





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  • makemygc
    07-06 11:30 AM
    Guys,

    Here are my thoughts:
    ---------------------

    There are Four group of people (Became current with July bulletin) who are affected and suffered.

    1) The people whose applications reached to USCIS before 10:00 AM
    07/02/07, i.e. before USCIS's new revision/update.

    Note: Legally this group is the SAFEST one as their file reached to the
    USCIS table on time while USCIS's first bulletin was in effect. Their
    case is strong as far as "Law and Justice" is concerned.

    2) The people whose applications reached on 07/02/07 but after USCIS's
    declaration of new revision.

    Note: This group can be fit in a category "Who did not receive ample
    notice from USCIS for its intention to change the bulletin. And so
    may be considered "Probable beneficiaries" by the judiciary

    3) The people whose applications reached or will reach to USCIS from any
    time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.

    Note: This group will have a "Strongest" weak argument and case. Their
    act of sending files perhaps may not be considered "Law-abiding" as
    they have already received ample notice from USCIS and clear
    statement of USCIS about "Rejecting applications upon receiving"
    then also this group sent the applications.

    4) The People who will not send applications at all with respect to the
    USCIS's revision.

    Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
    be considered "Law-abiding" and who acted as per USCIS's
    instruction within the periphery of respecting legal authority.

    Now other points to be noted are as under:
    -----------------------------------------

    DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".

    Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.

    Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....

    If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.

    I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)

    Any thoughts?

    How do you define "All effected"?





    ars01
    06-25 04:29 PM
    I don't know if this question has been asked before. Is there a benefit for filing AP by paper rather then electronically. I filed EAD by paper to TCS and got the "Card Production Ordered" email yesterday (in 14 days) for myself and my wife. My friends who efiled just received finger printing appointment notification and no receipts. Is there same benefit with AP? Please calrify.





    desi3933
    06-18 04:32 PM
    I am on H1 and my wife on H4. Can she apply for EAD while I do not ( I would prefer to extend my H1) after we both apply for 485?
    Thanks

    Yes. She will be on AOS Pending status while you can maintain H1 status.



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