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  • skamma
    05-17 01:22 PM
    Admin,

    Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.

    Thanks
    skamma





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  • vandanaverdia
    09-10 03:08 PM
    You are sick of extending your visa/ EAD every year!!!
    For those who are on visas, need to extend their visas every year after the first 3 years have passed. Those who are on EAD, need to extend their permits & AP every year!





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  • samirpatel08
    03-10 01:44 PM
    I agree with 'rexjamla'. My lawyer said same thing. I am working on my EAD, and I have not submit anything to USCIS.

    According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.

    In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.

    If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...

    There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.

    Job title can be different but job duties must be similar.

    Salary difference is ok but it should not be less than what is mentioned in labor certification.

    In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).

    Cheers!





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  • rc0878
    03-19 03:24 PM
    Let's hope the following happens....coz EB3 seekers like me are also waiting for a long time.

    May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved, or incase the dates move back, then he/she is stuck again?

    RC


    Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.



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  • file485
    12-22 07:34 PM
    thanks UN for the reply..

    what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...

    now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..

    also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..


    jeez ..so stressed out of this GC mess..
    pls let us know..





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  • chanduv23
    11-14 10:13 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?



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  • srkamath
    07-12 08:18 PM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.........

    Good point, i agree............





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  • jonty_11
    06-30 11:47 PM
    Thx IV for workingon yet another pressing issue..

    Continue the good work! v r with u!!



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  • GCard_Dream
    01-17 02:18 PM
    anurakt,

    The intent of the message is appropriate but the presentation isn't. I know core team is very frustrated with the lack to contribution and it's perfectly understandable but language like this will only turn more people off and that won't help anyone.

    I agree with the post earlier that may be you should just delete your post for the good of the community and I am sure you know that.





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  • willigetagc
    08-23 09:56 AM
    Hi, I hope somebody helps in my dilemma.

    I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?

    Thanks.

    Tricky situation, many permutations. Check with a lawyer.

    But I think if you file for I-140 asap you can lock in the PD. When that becomes current (chances are good if you are not from India/China) you can file for I-485, get your EAD+AP and continue working on the EAD.

    Other option is to apply for a H1B change of status on the FIRST day the USCIS starts accepting applications. If you get approval, then it kicks in Oct 01, 2009. The odds of getting an approval are approximately 1 in 2. On the flip-side, you might have to restart your GC process and get a labor certification first.



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  • hopefulgc
    07-28 03:08 PM
    yawn...
    rolls over to the other side of bed...
    yawn again...
    turns over pillow to the cooler side...
    yawn again..
    dreams of this thread getting closed because it is absolutely worthless ... crap .. twas just a dream :D


    Yawn ...
    Adding to the rant ....

    This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...

    my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.





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  • vagish
    04-04 04:25 PM
    04/04/2007: Senator Durbin and Senator Grassley Introduced H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007

    * We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.


    Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.

    thanks



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  • ksurjan
    07-24 01:39 PM
    Can anyone confirm if the files are actually being transferred from Nebraska to Texas? Why is the compliance date for Texas 10/26 and for Nebraska it's 8/1.





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  • gcny2006
    10-12 08:27 AM
    Got an RFE on 9th sept after several SLUDs in first week of september. The RFE asked for paperwork to establish that I maintained legal status during my student years. USCIS received the response on september 30th. The case status chaged to 'response review'. I have had sevreal sluds since them but no approval yet.



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  • amsgc
    07-02 09:36 PM
    Regarding your argument on fairness:

    On the contrary, under the current system immigrants from all nations do not have an equal opportunity to apply for a green card. Immigrants from the retrogressed countries are at an unfair disadvantage.

    It is easy to see: A guy from ROW and a guy from India both are equally qualified engineers who have a EB2 PD of Jan 2008. The guy from ROW can apply to adjust status now, but the guy from India cannot apply until five years from now. That doesn't tell me that both immigrants have an equal opportunity.

    Both immigrants would have had an equal opportunity if both could apply for GC at the same time. Once you have entered the country, have been gainfully employed, and your immigrant petition has been approved, how does it matter whether you came from India, china or Timbuktu? Your employer needs you for your skills, not your place of birth. Do you resolve your day to day office problems with your birth certificate pasted to your forehead?

    Regarding your argument on diversity:

    You need to understand that the country cap (set up 50 years ago) was NOT set up to give all countries an equal shot at sending EB immigrants to the US. The cap was based and an already existing xenophobic tendency (formally expressed way back in 1924) and the desire to retain the cultural and racial character of the US of '65. They would do fine with only handful of you if you didn't eat, drink, talk, walk and look like them.

    Now, you need to understand another important point - The world has changed by leaps and bounds in the last fifty years, all made possible by advances in technology and a conscientious effort by governments to educate their people. As a result there are highly skilled people all over the world, who bring their own unique character and experience to the work place. And things have changed dramatically in the US too. Among other things, the US has become more accommodating to people of different cultural identities. Economically, the US is in need of more high skilled people than ever before. This is an irreversible trend, where the US of today is more interested in who you are and what you bring to the table than what you look like. If a few thousand Indians or Chinese are given the green card, based on their SKLLS, it will not alter the racial and cultural character of 300000000 Americans (that's 300 followed by six zeros). Rather it will only make it richer.

    Usually politicians work in reactionary mode – they will espouse an idea once it is obvious that they can’t do without it. The fact that discussion to remove country caps in EB has come up in the congress means that the American people have already written it off as an absurd idea.

    The law will change, whether you like it or not.

    Read here and get yourself some education:

    http://en.wikipedia.org/wiki/Immigration_Act_of_1924
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Services_Act_of_1965


    Regarding the agenda:

    The agenda of this organization is pretty darn obvious if you care to go through the home page. The idea is to get as close as possible to a system of immigration that appropriately addresses the needs of the US economy and is fair to both Peter and Paul. A system which gives out a green card in a timely fashion, based on skills, job requirements, and the time when the process was started. We need to advocate a change because the current system says to Paul "screw you" and rewards Peter.





    I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!





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  • GCanyMinute
    08-02 03:17 PM
    The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
    It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.

    USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.

    By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(

    Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )



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  • Slumdog
    01-16 03:33 PM
    For most of you this country has given everything you ever dreamt of & yes it is only possible in USA in short span of time but I want every member here to ask yourself one question. i.e Do you have peace of mind? I want to share with you half a day of my life as an immigrant here. I guess for some my story is not a big deal & for others they feel they are in my shoes. It�s quite lengthy for half a day story, so please read on if you have patience & time.

    January xx/xx/2009

    It�s 5:10 Am and I had to forcefully get out of my bed after 3 snoozes ( the fact is 4th snooze my wife will kick me out of bed anyways) . While walking out of the bed I was jealous of my wife that she need not get up early & go to work as we recently had a baby & she had to leave the job as she was under contract on EAD & not full time. As soon as I came out of shower I was feeling very fresh , energetic & was already planning my day schedule at work while I was getting ready.

    6:00 AM: I am all dressed up for work & while I am already late for my train & taking quick bites of breakfast , I ran upstairs to my bed room to give a goodbye kiss to my wife & daughter. While kissing my daughter I just wanted to stare at her for some more time but had to leave as I was late. & ran back to garage & started my car & zoooommmmmm. I know the back routes to station & I know police wont catch me even if I am speeding ( I was going 65mph in 30 mph zone ). While I was already half way to station I realized & said to myself NOT AGAIN ( I did not turn off lights in the house & this really pisses of my wife ) I forgot to Switch off in the bath room, upstairs corridor, stiars, main hall, kitchen,. I left lights on literally everywhere including garage except the 3 bed rooms.

    6:20AM : Reached the station, parked the car & while I knew there is only 2 min left before I miss the train , I ran to newspaper walla bought the newspaper & literally ran on escalator & just got in the train & the door closed behind me. I guess this happens atleast 2-3 times a week & hey I think I got used to it.
    Once I am in the train I had relax for 5 min to to take breath from running on escalators & then I read the headlines & said nyah same old stuff which was showed at 9PM news last night & didn�t bother to read any more , I opened up business edition & completed & it was frustrating to see that DOW tumbled gain, forclosure on rise, no hopes for good market in 2009 blah blah blah blah blah & then I closed my eyes & started day dreaming about my daughter, her cute smile & thinking about my upcoming trip to india as it will be the first time I am visiting after my baby was born. Just when I though I was falling into sweet dreams I heard this announcement from train operator � Abhey salla utto , tumahara station aagya, jaakey kuch kaam kar� I will translate this in English for non indians ( good morning ladies & gentlemen you have reached station �xyz� & Thank you for riding with us & we wish to see you again�)

    6:56 Am: As soon as I am out of station the first place I go is starbucks, & get a non fat grande mocha with 2% extra hot no foam with little bit of honey & cinnamon. ( KIDDING , I just take plain regular coffee with room ). The first sip is amazing it feels like first cigg after a bottle of beer & started walking to my office which is very close to station.

    7:00Am: I am in office. Usually it is just me & couple of other guys on the floor at that time. The office was silent & it was open floor plan with flat cubicles & you see the entire floor even if you sit at your desk. Logged into PC & checked my emails & getting prepared for the days work.

    7:10Am: I saw one of the senior manager in office & it is very unusal for him to come so early into the office. While I wished him good morning he didn�t seemed to respond the way he usually does. He then walked up to one of the office colleague in different department next to me & asked him if he could come to his office.

    7:15Am: The guy walks out of the office along with manager with packet in his hand & started packing his stuff right away. I could see that his computer is still logged in & I guess he was not even allowed to log off. The manager stands behind him, occasionally helps him in his packing & walks him out of the door, into the elevator & outside the building. That�s it, my heart started beating heavily, I said to my self �today is the day� . Yes by now you all know what I was talking about !!! LAYOFFS�

    The talks have been going for several days & no one except top senior executives knew who & how many people will be laid off. Everyone I talk to in the company is worried, it did not matter if he was senior, working in company since 10 years, experienced , the best technical guy, the most lovable guy, the CEO�s blue eyed boy, every one & I mean almost everyone is worried about their job. I did not know how I was going to handle even though I was prepared before for the worst. But when the time actually came , it�s different, first time I felt I was weak because of the things below which are going in mind.
    � I bought a house just few months back, although great deal at the time I bought I had to invest 15% down payment & at that time never ever knew that this day would come. I always thought I could resell it but when I contacted my mortgage broker few days back , he told me that market was so slow that I wont be even getting the 15% down payment if I plan to sell now. With most of my hard earned savings in the house I am only left with couple of grand for reserves.
    � The biggest worry I had was 10 days after my daughter was born she was hospitalized for almost a month for complex partial seizures treatment .She has since been in medication & was doing good & slowly outgrowing seizures with occasional episodes. We can�t stop the treatment & thinking of expensive Cobra package & not knowing how many months we will be jobless made me sick.
    � How do I invoke AC21 & how many much should I be paying Lawyers?
    � My upcoming trip to india, we already spend close to 5k for the tickets & cancelling the tickets is impossible due to family reasons. What if I loose a job now & go on trip to india? Can I enter back on Advance parole? What if the port of entry finds out that I lost a job, will be I allowed in when I come back? Will my company cancel current approved I140? & will that lead to I485 cancellations which has been happening recently ??
    � What will happen to my car loans & upcoming car registration, insurance.

    Not that I don�t have any money in reserves but these are very few things I mentioned above that bothered me & list can go on & on. Is it easy pack all the bags & leave everything behind? Yes if you want to & NO if you want to fight, it�s as simple as that & I did not plan to leave. So let�s go back to what happened for the rest of the day & believe me all the above points I mentioned was going in my mind in less than a minute, so now the time is �

    7:16Am: I saw one other manager in the same process in different dept doing the exact same process. Remember, above somewhere I said that it is a open floor plan & everyone can see everything what is happening. Though I am not shaken from outside, inside I feel every inch of it.

    Part II Continuation below.......





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  • crazyghoda
    01-30 12:13 PM
    No I didnt inform USCIS about job change. The lawyer who handled the H1 transfer from my GC sponsoring employer to the (laying off) employer suggested that there was no need to and we could respond to an RFE if it ever happened. He said that USCIS doesnt do anything with the letter and never truly match it up and so I let it go.





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  • pappu
    12-13 01:58 PM
    Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.
    Thanks. I appreciate your enthusiasm and seveal other members on this thread. Pls help us in the action items listed by IV so that we can be well prepared to undertake any campaign early next year. Let me tell you, the campaign like last week will happen again because IV will keep pushing through every crack in the door until our goal is achieved. At such times we need to have enough membership muscle, financial capability to sustain and execute the effort. All this is not built in one day but during times like this when DC is quiet.





    downthedrain
    02-03 08:46 PM
    Guru's please check if this employment letter is enough for the above mentioned RFE....


    Dear Sir/Madam

    Re: Employment of Mr. John Doe


    This is to confirm that Mr. John Doe is currently employed in our organization as a Senior Software Engineer at the annual salary of $ x per year.

    Mr. Doe’s compensation package includes medical, dental benefits, sick leave and paid holidays.

    Please do not hesitate to contact us if you have any questions.

    Sincerely yours,





    vssanka
    03-17 12:06 PM
    EB3-India
    PD: Mar 2005
    EAD-AP approved, FP done



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