Monday, June 20, 2011

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  • nixstor
    10-12 05:41 PM
    Thanks for clarification. I still disagree with you. Media outlets do measure the intensity of the issue but not by amount of SPAM they receive in e-mails. From my personal experince in talking to a journalist, if you send them an e-mail regarding the issue they have published they will definitely defend their point or refute yours and may even look at the issue from your point of view but in all cases they will reply. Now if you want to bring an issue to their attention all you need is take their article and simply put your perspective on it. It will have a far greater impact if it comes as a collective voice of an Organisation such as IV. That's why I originally questioned our approach of spaming them by sending 1000's of e-mail with the same issue. It doesn't bring much to the table. Right ? That's precisely the reason why all organisations have a media relations person who represents the collective view of the entire organization and manage the press releases and all contacts with media.

    Tell me about getting a response from reporters. It all depends on their whims and fancies. If they want to write, they are after you. If they dont want to they evade your emails. You have already considered our emails SPAM :) Thats what it would be considered if a bunch of people send the exact same email body. If we do send different message, it might still occur to them or a click to these forums will make them feel that we are trying to get more media exposure. What if the reporter you are writing to has an opinion similar to that of Tancredo on H1B? You are talking about taking an article and putting a perspective on it. Can you be more elaborate? If you are talking about articles being written on us, I believe there are not a lot. How ever there are talk shows that go into every home in the country that do propaganda work. For example a reporter at NPR replied to my email, how ever she doesnt revisit any story atleast for an year. I agree with your idea of Press Releases and I believe it was discussed before. I believe Pappu is working on it and I can do any help needed. How ever, I do not agree that we will be considered SPAM unless its the same message COPY/PASTE. 1000 emails?? Are you kidding me? I am sure it hasnt gone beyond 10 and will not go beyond 25 in the worst case.

    If you dont believe what I am saying try contacting the local radio/tv station and see how you the thing works. What you are talking is IDEAL, But we dont live in one. Do we?

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  • wikipedia_fan
    07-04 11:38 AM
    I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.

    Dear gurus - here is my issue and I need some real concrete help.

    I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
    I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
    In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
    As it is safe past 180 days, I used AC21 portability and moved.
    I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance

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  • alterego
    02-01 02:13 PM

    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.

    ================================================== =
    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.

    I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
    I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
    When you hand them both, you might feel you are doing it in full disclosure,
    however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
    The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.

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  • walking_dude
    12-12 10:30 AM
    You are right. Things aren't moving fast enough because there is a general lack of participation from the otherwise intelligent EB immigrant community.

    Even if 20%-30% were really proactive in supporting IV, things would have moved much faster.

    We need to develop really intelligent strategies considering all the factors. Just throwing out ideas and organizing rallys may not be enough (although needed).

    There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.

    IV is already doing lot of these but does not seem to be working fast and effective enough.


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  • floridasun
    12-31 12:45 PM
    I think you are wrong... Company A can revoke approved I-140, if employee leaves them..

    So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?

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  • gauravsh
    03-29 12:15 AM
    Guys MY PD is feb 2008. I am recently watching vias bulletins. I am in EB2.
    Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
    Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.

    What are your thoughts, is it worth filing in EB2?


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  • Nikith77
    04-02 02:34 PM
    EB3I will move to 2005 in coming months

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  • bbenhill
    12-31 03:27 PM
    You create your own luck, my friend!! God is not working against you or anybody else.

    Very unexpectedly, just last year in a hospital, the doctor told me that unless I get operated ASAP, there is not much chance for me to live. As I was still trying to digest that news, I was thinking...

    ***k the Green card. ***k my job. I just want to live few more years until my son grows to at least 18 (he was just 1-and-a-half at that time).

    And I really laugh about the whole incident now. And when I see others vent or getting upset about something, I can't help but get a smile. Because I learnt the hard way that we never appreciate what we have got and always complains about what we haven't got.

    It's New Year time!! Enjoy and cherish your presence. And forget about the job/visa for a day or two.

    I agree with you Punjabi, I just got an car accident awhile back and thought the same thing like you. even a NORMAL situation is a blessing. we should always appreciate everything that we have and then from there maybe all the things that we always want will come by themselves.

    Happy New years All ... Let's enjoy and appreciate whatever that we have :)

    Hopefully next year will be better that this year.



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  • NNReddy
    09-15 04:10 PM
    Low cost markets like atlanta, Tx can support rent. But high cost markets like boston,ca , your rent will not be sufficient to pay mortgage and other costs.

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  • gcpadmavyuh
    03-17 12:06 PM

    My personal advice - you should consult with an experienced attorney with the specifics of your case. This is not a very typical case, and what you hear on this forum may not be very useful for you.

    Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
    1. Is it safe to travel to India and come back on AP?
    2. What are the possible chances that visa officer may not let me into the USA?
    3. Do I need to carry any letters from my criminal attorney explaining the situation?
    4. Any one in similar situation, please update me on this?
    5. Please list of documents I need to carry during my travel

    Please reply and post your valuable opinions/suggestions/advices.

    Appreciate all your inputs.

    Have a nice day!!!

    Thank you,


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  • franklin
    07-10 02:54 AM
    CIS director is saying that he has made arrangements to pass on the flowers set to CIS office to the US war-wounded soldiers.

    I think we should start a blood donation campaign to impress upon him that aspiring immigrants will not be found lacking in caring for the US army soldiers.

    Any thoughts?

    It could be a good idea, however there are various restrictions that we might be caught out by including:-

    Living in Europe (most countries)
    Travel within 12 months to malaria countries (including India)
    Living in Malaria countries within last 3 years (including India)
    MMR within the last 4 weeks
    Any conditions found in the medical report.
    the list goes on...

    I've tried donating blood before and have been denied through the 1st and 2nd point

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  • desi3933
    06-18 11:56 AM
    The reason the processing dates matter is because by the time USCIS gets to process our I765 and I131 the dates would have retrogressed and then what happens is a million dollar ?

    What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?

    Permanent Resident since May 2002


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  • anil
    04-14 07:27 PM
    Not sure if this helps, but this kind of thing happened to me 8 years back when my wife was pregnant. I asked my employer about insurance; he said I can continue coverage if I keep paying my premiums. Even if you have to pay a bit more than actual premium it should be better than not having at all. The other option is COBRA as some one already mentioned.
    If that does not work out, call your current insurance company and ask them what are your options in the event you lose your job. You don't have to tell them that you're going to be laid off yet. As the wise say, we don't have to tell everything to the other person until it is really required to disclose. You might end up finding some facts that you probably are not aware of.
    God bless.

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  • chaukas
    08-23 02:13 PM
    April 2004


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  • jonty_11
    06-28 12:37 PM
    With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

    I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.
    dotn worry...this stuff normally is for any new applications only!!!

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  • GCOP
    09-22 03:04 PM
    I already called all of them today. Guys, please keep calling for Support of HR 5882 . We have seen , that phone calls work.( They have rescheduled this Mark up of the Bill on 9/23/08, after many of us, called Judiciary Committee Office, last week)


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    10-03 01:27 PM

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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.

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  • wahwah
    09-21 01:25 PM
    you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...what are you campaigning for...your rights to get more greencards? then you sound like the illegals who also campaigning for their rights to be us citizens. you can campaign till the cows come home and you aren't going to get squat. note that the illegal hispanic community has a much stronger lobby than legals and they've been working the congress for years...nothing has come out of it.

    july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.

    just sit and wait and assume that nothing will happen..? ever wonder what would have happened during the July 2nd Fiasco if we did not stand up and campaign for our cause, you think they would have done any thing? Following your principle of do nothing would have lead us no where during the July Second fiasco. THINK!

    08-02 05:03 PM
    gc101, if you are not able to get married before you you file your I485 (by Aug 17th).

    One of my friend asked Shiela Murthy and she said that in order to be able to add my spouse , I would have HAD to get married before July 31st (which I couldn't anyway), because, then, only I/we will be eligible to add my spouse.

    Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.

    Thank you,

    04-23 04:50 PM

    With a few bills introduced or in the works, isn't it the time now to act and bring about awareness to our problems? I know IV has been working through state chapters. We can supplement those efforts with other means such as those suggested in this thread. We need to create an uproar about the hopeless situation and endless wait times due to retrogression, backlogs, and bureaucracy. I am not suggesting anything drastic. Just some peaceful ways that won't offend anybody to draw attention to the forgotten issues of EB immigrants.

    I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.

    It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"