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  • qplearn
    12-12 01:02 PM
    im waiting for the groans and moans
    aren't you one of those who should be groaning too? Or are you one of those who already have the GC and don't need to groan?

    There is nothing to be shocked at if a large number of people groan at this. Can't believe your insensitivity. :(





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  • indio0617
    12-20 01:41 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.

    Nilcritz:

    Very precise analysis. Thanks for posting this one.





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  • LostInGCProcess
    10-26 08:28 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.

    This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?





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  • unitednations
    03-11 03:28 PM
    It is not so easy to convince Sen Grassley.

    Gotta love this system...

    Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.

    They did not have any legal obligation to answer his query. They answered his questions by non answering it.

    Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.

    uscis/dol start investigatin and denying cases and study it and find fraud.

    now; Grassley is getting his way and starting to change policy.

    Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.

    At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.

    See how Microsoft answered differently when they got the query and compare to these guys.

    This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.



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  • Mount Soche
    12-18 09:16 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.





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  • svgupta
    05-15 12:19 PM
    Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.

    Cos big or small are all responsible for the plight of their employees.

    Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.



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  • axp817
    04-06 03:09 PM
    One way of thanking IV is by making a donation, so that IV can continue to help others like you.

    just a thought.

    Good luck with your situation.





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  • ca_immigrant
    06-01 08:16 PM
    2 votes for me and my spouse.

    also sent it to a couple of friends for thier vote..

    one more note...last night it was at around 500 votes...now it is at almost 1300

    if something comes out of it great,,,,-:)
    if nothing then nothing to loose.



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  • gk_2000
    05-01 09:22 AM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    I hope you are not one of the guys, who have mindset to kill the person who they THINK he is in their way to getting GC .. because it will be dangerous combination

    And I hope what others have written made you reconsider your view. If not, see this fact : Pakistan has crossed such lines, even done much worse things, several times but US has not broken ties etc. What US actually responds to is the ASSERTION of sovereignty and SELF-RESPECT. Not pansy behavior, if you know what I mean.

    Don't worry. US will respect India's right to act in its interests. If they dont, then what difference will remain between it and a common country.





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  • leo2606
    08-07 11:59 PM
    I would suggest to marry a girl who is in USA with EB3-I 2007 or later PD, that way your marriage problem will be solved and you are helping a poor sole.
    Just kidding man... don't make me communist by giving REDs. :)



    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.



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  • Dipika
    01-12 02:29 PM
    If preganent before starting insurance, then you won't get covered by most insurance comapny.
    In this case Hospital charge very high for delivery.

    But certain hospital provides package, like $3500 for Noraml Delivery and 2 days stay with including every month visiting doctor for checkup. if C-section then pay $1000 more to pay etc. I had pass throgh this for my first kid, but i'm living in NJ.

    If Insurance is started b4 preganency then it will get covered.





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  • Ramba
    09-27 03:05 PM
    It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.

    Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.

    At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.



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  • drona
    07-06 11:25 PM
    Well said Janilsal. I wish we could improve the atmosphere here in IV. Less bickering, insulting and abusing each other, and more cooperative effort and sharing of knowledge to help each other. We might even increase our membership. I know a few people who stay away from IV because of all the insults and abuses that are posted.





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  • gcgreen
    01-09 12:46 PM
    the two reasons why you would want to enroll in COBRA are:

    1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
    2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.

    hope this helps.
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.



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  • willIWill
    11-02 12:31 PM
    It is that time again, the eager wait for the next month's Visa bulletin. It is almost like a monthly ritual for many.

    Although there is no clear logic to the movements, there are folks in the line that hold some hope that this might be the one that will get them closer to the GC counter. (happens every month ! :p)

    Since predicting VB dates is as close to pulling stuff out of thin air. My gaze in the crystal ball tells EB2-I and EB2-C to be the same: Feb 05 (hoping for a quarterly spill over in Jan 2010 :) )

    As for Eb3 even the crystal ball turns foggy. I very much wish EB3-I sees some forward movement in the upcoming bulletin; may be at par with or at least close to ROW/China/Mex/Phil.

    Let the Gazing Start... ;)





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  • willwin
    06-24 04:32 PM
    there is only one action item right now and it is on the forum.
    the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
    state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.

    anyway there is no fresh update currently.

    I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?



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  • ampudhukode
    12-25 12:07 AM
    My PD is before Oct 2001





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  • eb3_nepa
    06-05 11:44 AM
    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.





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  • greenguru
    06-10 02:04 AM
    Good story... let's see what happens..

    what does NOT surprises me is EB3 will still be in Nov 2001..





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    shamu
    01-11 09:51 PM
    1) Try state group insurance
    Texas and for that matter every state has a group insurance coverage for folks
    who donot get coverage from any other insurance provider.

    This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.

    Check the state insurance board website.

    2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.

    3) Ask yours employer's insurance agent, group insurances gurantee insurance.

    Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.

    donot worry.

    Thank you very much. I don't have group insurance so cannot to my employer. Bought individual insurance and they said that they would not cover maternity.

    I will try to explore your option tomorrow.

    Thank you very much.

    I know that I can over come this hurdle and also could suggest other friends (who have this problem) with what I found out.

    Life cannot stop for these small problems.

    Life has to go on and on..

    Hope we all will reach to the destination very soon, I mean get our green cards very soon. And to reach our destination one should not sacrifice the goals and life decisions just for GC.

    I wish good luck to one and all.

    Thank you very much!




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