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  • Ramba
    08-07 06:07 PM
    Now the actual tension started to me.

    Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.

    Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)

    How can I start another GC process , when they just approved a GC ( on August 06, 2008)

    I heard some thing called Transfer of Residency. What is that?.

    - Suresh

    Your H1 (non-immigrant status) is invalid on the date of approval of 485 or once you become PR. Plastic card shows your PR starting date. Sometime, it is before the 485 approval date.





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  • gcgreen
    08-15 12:49 PM
    my non-lawyerly suggestion: do not file ac21 until well into whichever job you takel

    I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.

    by the way, what is your PD?
    hope this helps.

    I have a pending AOS (I-485) application
    filed by my previous employer (company A). The I-140 is approved and is well
    past 180 days. I moved from company A to company B in late April
    2008. They did an H1 transfer and filed for AOS portability under
    AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
    be filed). Just before I moved, I got another offer from company D
    (which I believe best fits my long term career interests). I would've
    avoided the hop to company C had I not given the notice to leave at
    Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
    been at company C for 4 weeks now.

    Question:
    Should company C file an AC21? Since there is already an AC21 on file (by
    company B) and if I will move to company D, can I reduce one additional AC21
    filing? This is just so that there aren't 3 Ac21s filed and to avoid
    making me look frivolous. Please advice. If its safer to file it, I
    can request an AC21 filing soon from company C.





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  • gjoe
    08-29 09:25 AM
    I didn�t want to go to DC rally due to my surgery appointment (September 6th) because I can not fly for three weeks after the surgery.

    Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.

    I also urge people to take a day off and attend the rally.

    You are the man !!. You are leading by setting an example for others to follow. My prayers and good wishes for your travel and your surgery later on.





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  • Drifter
    04-06 02:59 PM
    A core member has been helping me in this matter. I really have to thank the core for being so responsive and for giving this matter the kind of attention it deserves. There is some progress in this case and the quickness with which the IV Core acted on this and moved the issue forward gives me and my family hope.
    We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
    We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.



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  • ronhira
    07-21 10:28 PM
    mike – what about some of the corporation r not american corp.
    donna – it doesn’t matter. ha ha
    mike – indian corporation is hiring indians,
    donna – that’s right, but doesn’t matter where they come from, we have to tell that they r taking away from
    what will happen is that they will cease to exist. tata has not applied for 1 h1b.
    kevin – they get people on company2company transfer
    donna – because durbin bill hit the nerve, that essentially, h1b is dead in water, now l1 is being scrutinized by uscis, so actually, these cos have to hire locally
    we have to laying down tracks for – that the bypass of us citizens and gc holder creates the culture of exploitation – this is our version of best & brightest.
    if you look at our opposition – best & brightest, remain competitive, so this is, i think we have really strong chance to stay on message. democrats are articulate but can’t stay on the message, but we can. i meant it people.
    btw, compete america, gave up on job posting for 30 days from durbin bill. durbin bill not allow h1b on client site, so have to place americans on 3rd party cites, and 30 days to post a job on dol site for us. it’s the academic arena will choke, and there will be so many jobs for us in academic arena.
    kevin –schumer idiot thinks rich people wall street but we in it cannot make more than 40,000.
    barbara – someone will say 30 days – that will stop our mission critical project
    donna – no it won’t happen compete america, gave up on job posting for 30 days, because we were able to fight back, and we r in a strong position. we have to push for our agenda to strengthen our position.
    kevin – on durbin bill, who will testify in the committee hearing
    donna – nobody knows
    kevin – the message is fragmented, donna the first one to say, get on to the message
    donna – the players and politicos, who will talk about this, there is a big group who called me last week,
    barbara – yes, we r fertilizing the soil.
    donna - there is a republican who wrote this book – who said – its not what we say its what they hear. when we say after labor day – we are fighting for our right to compete for the jobs – the unions around the country will go wow, say anything that we have to defeat them.
    kevin – we put this on internet it will stay forever and people will see it.
    donna – someone in dean campaign, is interested in helping us
    kevin – we have to get sound bites on the news, mostly its ron hira or kim berry
    mike – one can
    donna – a large organization will put me in 1 of the hearing. let’s guarantee that, by showing our level of sophistication. so target h1b only wants ads, companies are recruiting abroad for american jobs.

    have to checkout now, have to head out, thanks everyone, bye guys.

    if we play our cards right, we maybe able to get our contingent for the hearing. well great, i’ll do it next september.

    alright bye bye.
    --------------------------------------------------------------------------------------------------

    waste of my 1 hour, will not my time ever on these losers, now i know why they can't keep the job that they have, and why they can't find a new job.....





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  • bigboy007
    11-02 10:22 PM
    Atleast for me there is no hope for CIR, Peicemeal seems a best option, recently there was a WSJ report that President had agreed for piecemeal if CIR doesnt pass... but we need to be very very watchful...

    after Healthcare experience there is little chance any big legislation will pass in this country we need people who care about country and would like to work with other end both sides seems either too liberal or conservative which is only good in winning elections...



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  • onemorecame
    07-17 10:41 AM
    Sorry But please tell me how to do this?
    Yes I got it, after clearing the cookies, I closed that instatnce of browser and opened again from new browser and it worked for me.





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  • ilwaiting
    12-12 02:18 PM
    hehe check this out. New EB category. With PD Sep'06.

    Iraqi & Afghani Translators.

    Very Funny.



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  • enggr
    03-17 03:52 AM
    My dear friends,
    I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "

    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar





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  • skp07
    10-08 02:07 PM
    we saw the status updated this morning atlast. Hopefully will get the card soon in hand.

    My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
    Responded to RFE with a receipt date of sep. 25 th and no updates till day.
    Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
    WE were hoping for some miracle by monday:confused:



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  • Macaca
    09-21 06:37 PM
    Don't judge each day by
    the harvest you reap, but
    by the seeds you plant
    Robert Louis Stevenson
    Lawmakers decide to bring an issue for consideration and then vote on the bill. Immigration issues usually start in the immigration sub-committee, then go to Judiciary committee and are finally voted by all members. There are 535 lawmakers (100 Senators + 435 House members).

    Most lawmaker offices have a staffer to handle immigration issues.

    IV set up 150 lawmaker meetings. A staffer was appraised of EB immigration problems, solutions to prblems and requests for solutions. The staffer gave a business card for future contact. You contact staffer to discuss additional issues, request to bring EB issues for consideration, request lawmaker's vote when bill is being voted, ...

    Ideally, IV would like to set up at least one meeting with every lawmaker and more meetings with some lawmakers (members of immigration subcommitee, ...). Due to limited participation, IV could set up only ~150 lawmaker meetings.





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  • cnndwag
    09-27 09:13 PM
    enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.



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  • xeixas
    08-08 06:14 PM
    You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?

    Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)





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  • desi485
    10-10 06:08 PM
    I have seen SWITCH ppl starving to SWITCH on H1B (rat-race) and its not without a reason.



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  • jamesbond007
    10-21 09:23 PM
    Suresh,
    Sanju just posted in the open what he wanted to say. He has some valid points you know; regarding how some people get fixated on the red dots. Would you have liked it better if he just gave you a red dot anonymously?

    But please do not try to compare the dotting issue with the immigration issue.
    If the immigration system is fixed, who cares a hoot about these dots? None of us would even be here if there was smooth legal immigration in this country.

    Let the core work on the real issues.

    And for the record, I personally do not like the dot system. I am in support of leaving all the comments in the open.

    I also remember reading on this site some time ago that the dotting system came with the software used for these forums. And its not a simple flag that can be turned on/off to enable/disable that feature.


    Sanju,

    There are two issues that I have posted on this thread.

    1. Interpretation/understanding a post.
    2. RED DOT issue ( this is not my priority) . If you read the post keenly.

    You, .. your self have made a mistake in Interpretating / understanding the post and reacted overly on the second issue by cornering the actual post.

    Do you call this as a Interpretation issue?. Did you get what am I saying. First , read and understand what others meant to be. Don't JUMP on it.


    If IV cannot fix this RED DOT issue, how could some one believe in IV would fight for FIXING broken immigration system?.


    Perspective is not always matters, there are times .... some thing else matter too. Which is called "Self Respect"

    When few people are spending time and knowledge on sharing their thoughts/ideas, how good it would to use F***words against them?.

    There are many BAD words ... that some members have used against of my friends. Who no more wanted to participate in IV?.


    Did you get what am I saying?





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  • gg10004
    06-26 03:31 PM
    I initially went to FedEx/Kinkos new jersey, paid 50 bucks for myself and wife 6 copies each. Photos were horrible with yellow tinge, though they were of the correct specs. I refused to accept it, but they said if there are any issues they will be glad to help, but I had to pay for their crap.
    Then I went to Sears, around 60$ for 6 copies each for myself and wife. The prints were excellent, waterproof and not retouched. They printed it out on immigration specified sheets. Only catch was I had to cut out the photos myself, they are not allowd to cut them.


    Folks

    where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?

    Thanks



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  • vin13
    06-24 03:17 PM
    Source:Immigration reformers press WH - First Read - msnbc.com (http://firstread.msnbc.msn.com/archive/2009/06/24/1976186.aspx)
    From NBC's Mark Murray
    In advance of President Obama's meeting tomorrow to discuss immigration reform with congressional Democrats and Republicans, immigration advocates held a conference call today with reporters, urging the Obama administration to make immigration a priority -- this year.

    Bishop Jaime Soto of Sacramento said that tomorrow's meeting will tell them whether the White House is serious about enacting comprehensive immigration reform or whether it's timid. "Delaying immigration reform will be a mistake," he said, arguing that the country can no longer accept the status quo.

    Tamar Jacoby, president and CEO of ImmigrationWorks USA, added that when the economy begins to recover, employers will need immigrant labor. "This is the time to do it. This is the time to start preparing for the economic recovery."

    Frank Sharry, executive director of America's Voice, said it was smart policy and smart politics to take up immigration reform. He noted that Obama was elected in no small part because independent voters thought he and the Democrats were best able to find solutions to challenging problems like immigration. He also said Republicans "will have a huge price to pay" if they are seen as blocking immigration reform and scapegoating immigrants and Latinos.

    Asked about Robert Gibbs' recent comment that the "math" might be against immigration reform this year, Sharry replied, "When it comes to counting votes in the U.S. Congress, we tend to look to Harry Reid before Robert Gibbs."

    Senate Majority Leader Reid, per Sharry, has said that the votes are there





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  • singhsa3
    01-06 07:18 AM
    The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.

    If it is of any further consolation then here is my brief backgroud:
    I am a Hindu by birth.
    Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
    Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
    So you see, I would be the last person to use this story to stereotype folks from any particular religon.

    I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.





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  • JA1HIND
    01-27 01:55 PM
    To he who handed over $7K.....

    If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).

    These include things like H1B processing fees.
    They might include labor certification fees (required for GC).

    Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.

    So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.

    I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.

    Thank you so much and really appreciate for giving me an idea on how to approach.. I will look into my folders and see what all proof I have in order to defend myself...I know the fact that all my emails communications and shared documents, payslips are still in place and will for sure find something out of it...





    paskal
    08-24 01:33 AM
    I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also.


    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you


    i would especially like to address the gentle member above.
    dear friend, iv moderators have not forgotten this is an open forum. otherwise this wonderful discussion may not have existed for everyone's pleasure.

    please let me know which moderator (and when) has been pushy and abusive.
    please choose your words carefully.

    remember it's an open forum? or did you already forget. if an individual member chooses to use that to push for participation, then why object so loudly? or is it open only to views you like?

    as for being convinced, good luck pal. if the current state of retrogression won't convince you to travel a hop skip and jump away from your comfortable home to DC, then maybe a few years of waiting or name checks or god forbid- loss of a job will. you are a free being. but a wise person learns from others who have taken the knocks already. that we don't learn- is precisely the reason we are here today.





    prabasiodia
    08-09 05:24 PM
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.



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