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  • drona
    09-04 06:04 PM
    Please update your profiles in the User CP to "Yes - I will attend the rally in DC". This will enable you to receive the latest updates on the rally from IV Core.





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  • GCInThisLife
    07-19 12:25 PM
    Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.

    Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.

    I am sure so many in the same boat. Is there anything we could do?





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  • gc4me
    12-04 09:57 AM
    I called to (800) 375 – 5283. I really forgot the combination code. I was trying to reach a human. And he asked my I-485 receipt #.

    gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.





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  • Canadian_Dream
    09-14 04:17 PM
    Most people here fail to realize the cost of immigration is very heavy at a personal level, especially in globalized economy. If we assume that average wait time for Green Card is 7-9 years (earlier it use to be 4-6 years) consier the following:

    1. Professional Growth: This one takes the biggest hit. I know many people at my work who have got GC in past 4-5 years after the usual wait time, they have hit the wall in the career front. Their peak productive years when they were to rise exponentially are gone in waiting. Now most of them are lost in corporate America looking for a place where they can somehow make up for the lost years. I don't think they have found it yet. Most believe that going to home countries might help to find that niche and make up for the growth. This solution might work when the economies of Asia are growing at 8-10% but no one knows for sure in long term.

    2. Financial Growth: A lot of investment opportunities are lost becasue no one wants to make a long term invetsment commitments in the state of limbo. Besides that most households have to live on single income source making their earnings below average household income. Even after getting GC one cannot make up for this loss. This creates a permanent under class and I not sure what kinds discontent it leads to.

    3. Others: Family (Spouse's professional and others) and presonal stress that one has to go through during the wating years.

    I wonder if there is a study outlining these impacts. This is become all the more relevant when the standard of living and opportunites at home are closing the gap rapidly. Getting GC use to outweigh these cost in the past (90's) but lately questions are bound raise on one's mind if this price is justified.



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  • delhiguy
    07-06 03:24 PM
    As per the website its brodcasted on these days
    Monday-Friday, 6:30-7 p.m. ET;

    I hope they havent postponed it till monday





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  • santb1975
    06-17 01:21 PM
    ^^


    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.



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  • absaarkhan
    02-13 01:37 PM
    I understand so Many of us are looking at the Options of Using AC21.
    I am currently looking for a Good Attorney for this.
    I have contacted Sheela Murthy's Office and Rajiv Khanna's Office.
    Both of them are very very expensive.

    I am looking for an Attorney who charges under $1000 and also knows
    about the Immigration Matters.

    I would appreciate any pointers and suggestions in this regards.


    I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.

    Good luck





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  • snathan
    12-21 09:58 PM
    I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.



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  • enggr
    09-26 02:37 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow





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  • makemygc
    07-27 01:43 PM
    Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.

    You can track it by checking your bank account too. You checks will be cashed first before you get the receipt.



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  • illusions
    04-03 10:18 AM
    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

    It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.

    According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.





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  • GIC
    11-09 12:31 PM
    TSC, RD 7/2 , ND 9/7, LUD 9/10, no SR.



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  • spindoctor
    07-19 06:51 PM
    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.

    Good point. Restart thinking process...what a mess...





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  • payur
    06-28 09:36 PM
    rajakannan , since you started the thread and you called for this, please tell us the plan and strategy. What do you think will be the best option so we can spread the word?


    come on buddy, we just have 2 more days, we should plan by then. why are you sleeping at this time. you should be working 24 x 7.



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  • gcgreen
    08-11 06:26 PM
    IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

    One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

    So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

    Then again, I am not a lawyer and all that...

    How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?





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  • senthil1
    04-09 01:44 PM
    One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.

    Or instead of lottery some other criteria can be applied like qualification,salary and company


    Guys n Gals,
    I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.

    Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.



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  • nixstor
    12-13 04:34 PM
    gmatch,

    speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.

    just my 2 cents.

    Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.

    On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.





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  • Sheila Danzig
    04-19 12:48 PM
    It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.

    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.





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  • Saburi
    02-12 04:12 PM
    H1B transfer was regular transfer but my new employer used the same job code as specified in labor.

    My attorney, then send the AC21 with new employer offer letter to uscis.

    hope this helps

    Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.

    Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.

    Please do advice on this.

    Saburi





    India_USA
    04-23 03:18 PM
    We have been living in a county which has implemented 287g for some time. And I believe all legal residents in my county feel safer because of its implementation. Sure, there is a chance that 287g can be misused by the police. But tell me one law which can not be misused by police.

    The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).

    I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? Format Document (http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm). I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.

    The bill itself may not have anything wrong, but the blatant racial profiling will lead to lunatics to take law onto their own hands.
    Think Progress � Home Page (http://thinkprogress.org/) Arizona militia recruiting veterans with �kill records� to patrol border.





    Waitingnvain
    07-17 12:22 PM
    I think you might be getting stressed out for no reason vis-a-vis the job market. Most of the people applying (~500k by your estimates) are already on H-1B or L-1. The number of spouses getting EAD is another question.


    Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........

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