Saturday, June 11, 2011

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  • logiclife
    12-01 11:19 AM
    No doubt if you have the time, money and opportunity and if you plan to do your masters or your second masters at some point in future, then right now is the time to do it while you are waiting for your GC.

    However, you have to be luck to be able to do that as a way to spend the retrogression years constructively.

    1. You should have the money to study and maintain yourself/family.
    2. Need to have school of decent choice where you live.
    3. Need to have a job at same location. Consultants cant have that as they move around from one project to another. You cant change colleges and transfer credits every 6 months as you move from one project to another. Same goes for consultants who are travelling all the time. They cannot do this unless to quit and go fulltime, in which case, the spouse would have to start working to pay the bills and put food on the table.

    And what about people who DONT want to do MBA/MS and just want to change employers?

    So while a good option, it applies to very few people. If you are one of those few guys, then by all means, go for it.




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  • chanduv23
    09-12 11:28 PM
    Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.

    My ex employer revoked 140. At this point of time I did a lot of research and found out the following things

    (1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
    AC21 is a law that allows you to change jobs but there is no system in place.

    (2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.

    In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.

    Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.

    MTR approvals can take 3 to 5 weeks or more too.

    if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.

    These are hidden risks in AC21 but good news is that AC21 cases have always been successful.

    You may have to go through this period of uncertainity.

    Good luck.




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  • NolaIndian32
    04-28 09:59 PM
    Just send $ 100.00 through PayPal


    Karthik

    Thanks Karthik!!!!

    We appreciate your support!!




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  • santb1975
    05-01 07:31 PM
    We need 939$ to get to out first 10k

    Total: 9061 USD.

    Thanks lalithkx, sirinme, gc78



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  • pasupuleti
    05-11 02:13 AM
    Quick question on behalf of my friend. His H1B is being revoked by the present company. His previous employer did not revoke his H1B, can he go back to the previous employer without filing for transfer or should he file for the transfer again?
    I be interested in knowing answer for this question.




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  • jagmohan
    01-08 01:53 PM
    I am with Company A and my current H1 expires on Nov 2009. I got an offer from Company B and they are insisting to Join with H1B Transfer Receipt ( and not on getting I-797 Approval). Please let me know the following:

    1. Can I join Comapny B with H1B transfer Receipt, can Comapany A create any issue here (like if comapany A cancels H1 Visa after I get receipt from Company B)

    2. After I join Comapny B with H1B Receipt , and I get 1 payslip from Company B , Can I go to India and Come back to US with Visa Stamped (from Company A) and H1B Transfer Receipt from Company B ( Note I still may not have I-797 Approval Notice)

    Regards

    Jagmohan



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  • gapala
    03-20 09:50 PM
    There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1

    1. You are not counted against the cap
    2. Need to prove you are in status.

    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.

    Ok, Here's what law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference




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  • svam77
    07-19 01:39 PM
    I talked to many representatives regarding my I 140 filing from yesterday.

    This is what all msot all of them said.

    Nebraska center is running behind with their schedule in generating their receipt numbers.

    First all the applications go to the mail room. If everything looks fine with the application, the mail room people would send the cheques to be enchased. This normally takes like a day or 2. Then they send the applications to a different department where the clerk needs to put the information in the system and generate the reciept and mail it out. All this process should normally take, 5 to 7 days and Nebraska Center has a turn around time of 15 days.

    But Nebraska center is backlogged a bit due to the numerous applications they recieved, till last week for I 140's. And a decision was made yesterday that, the Nebraska Center would catch up generating all the receipts by August 1st. (Thats what the reps told me). So everyone's receipt number who filed their I 140 by July 16th should be available in the system by August 1st(we wud complete the 15 days turn around time too). And if they get mailed out by then, we may recieve in a week or so, by Aug 10th.

    So everyone will be good to go. Even if you dont get the receipt, your checks would be enchashed by then which will have a receipt number and you can call the USCIS office to confirm that receipt number (as they will have it in their system by August 1st) and just file by putting the copies of those checks.

    Its not our problem that they delay the receipts.

    But I hope that everyone will get their receipts by August 10th. So just chill out and relax.



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  • sagar_nyc
    06-10 03:46 PM
    EB 3 India has become joke when u look over all the previous patterns. :mad:
    I wonder if anybody noticed the cyclic pattern of dates for EB3 India
    Bulletin date Visa date
    9/1/2007 Unavailable
    10/1/2007 April 22, 2001
    Steadily Advancing
    6/1/2008 Nov 01, 2001
    7/1/2008 Unavailable
    till
    9/1/2008 Unavailable
    10/1/2008 July 01, 2001
    Steadily Advancing
    4/1/2009 Nov 01, 2001
    5/1/2009 Unavailable
    till
    9/1/2009 Unavailable
    10/1/2009 Apr 15, 2001
    Steadily Advancing
    7/1/2010 Nov 22, 2001

    Every time it hit Nov 2001, the dates were made unavailable and the cycle started again from early 2001.
    I wonder what is going to happen next month??




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  • senthil1
    05-31 01:43 PM
    Main reasons for restrictions in legal immigration are
    1. Organised compaign by anti immigrants with data. They proved that H1b persons were paid 20% below the market rate. There is no defence from orgainised compaign by pro immigrants. Pro immigrants gave the statement that shortage of skilled workers but they were not able to give supporting data. Newspaper stories are not enough
    2. Reaching h1b cap in 2 days gave negative picture instead of positive. Mostly consulting companies rushed to get h1b without valid job positions

    3. Instead of asking reasonable numbers Corporations and pro immigrants asked exemptions in H1b numbers and green card numbers. They want to make sure that unlimited numbers so that they can hire or fire anyone.
    4. Immigrants are suffering by backlogs and they are expressed by IV and Lawyers. But that is not enough to justify immigration. That should be justified with real need for welfare of country
    5. Before dot com bust even lot of US citizens welcomed H1b persons as there was not much layoffs. But past 7 years layoffs increased to outsource to India,China and other countries. For that they have to hire H1b and L1 persons from Countries mainly India. Those things made anti immigrants hardened their stand. US workers fear that they may lose job if US opens up immigration too much.
    6. Some Indian consulting companies exploited the situation by just hiring H1bs not even trying to recruit US workers even if they available. But some Indian companies like TCS,Infosys started hiring US workers nowadays because of shortage of H1b.

    H1b persons are considered as best skilled persons so Companies can afford to pay 5000 or even 10000$. Infact H1b persons should be paid 20% above US workers as they are considered as better than US workers. That is the reason for raising the fees by two thirds of Senators

    Microsoft was doing effective compaign. Infact they asked resumes from programmers Guild. If many people do realistic campaign instead of opposing anti immigrants that will be easy to reform immigration


    I am sure that the tech lobbyist are going to change the rules applied to the H1-B process, because everyone knows the effect of this to the econoomy. I am totally convinced that the strict H1-B rules will be removed.

    I am trying to figure out or want to see how or will these tech companies force or lobby to get EB relief.
    How important is EB relief for them?

    1) they can't hire brains from US universities.
    2) they can't hire those who they think would benefit the company but are stuck with their GC process with some other small consulting firm.

    I see STEM with advance degree getting relief, the current backlog will not be benefitted a lot (eg. Real hike in EB visas, Removing the country cap). I am not being a pessimist but, I do not see a light in my path. (May be my comments are wrong)

    **** Important Note****
    After the State Union Speech given by the President to change the Immigration system, we saw a huge applause by all the law makers. So many individual bills in favor of Skill were introduced. Mr Gates, in front of Senate gave a detailed explaination of our problems, we saw few bills after H1-B quota ran out on the second day of the filing date added to the senate judiciary committee.
    Our hopes increased after seeing so many favourable documents and media coverage, but what happened in the end.. Illegals were given a very very very easy path to citizenship after breaking the law.They get a relief which we can never imagine will ever happen to us.

    Let us say we get the oppurtunity to file I-485 without PD. Increase in H1-B, Increase in EB visas. But still we have to stick to an employer, can't move up the ladder because of the same Labor description needed to be mainain I-485 if we take AC21.

    I cannot digest and will never be able to digest that we are not given the oppurtunity to file our I-485 individually and work for any employer.



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  • factoryman
    02-12 12:15 PM
    we have to take the word from IV as truth but with a grain of salt. As unitednations alluded to, this push is coming from Employers. That should make us worry and STOP this grab.

    Believe me, efforts are underway full swing to grab these unused EB3 visas. Apart from the references I made in my post, I also am in touch with a Staffing firm that recruit nurses from non-US countires.
    We have discussed a lot about things in this forum. Every person came up different thought, links etc and moreover our goal of adding I-485 in this feb bill.

    After reading all the post mentioned by IV core, it is clear that no one can do anyting about it, there is no lobbyist that can force this to happen

    So our struggle is useless, some may not agree to it because, they say they are pushing and trying to make voice that can be heard by the congress.

    Congress did not listen to those million illegals on what grounds we expect our voice to be heard.

    I say it again, our struggle is useless. When they wish then only something might happen.

    ASTA LA VISTA

    Read my post, if you have already not done so. (http://immigrationvoice.org/forum/showpost.php?p=47943&postcount=38)




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  • andy garcia
    09-27 12:49 PM
    Exactly correct -..

    Back to the numbers game - .... The country quotas could disappear, and the overal limit could be increased, but without reforming the actual processing side the speed of approval will not change.

    I was hoping for such a long time for somebody to realize this.

    thanks Franklin



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  • vineet
    05-27 06:20 PM
    Unique Transaction ID #5BV432416H954993L

    Big thanks to the Core Team and all the volunteers for their tireless efforts!




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  • PlainSpeak
    03-28 07:47 PM
    Please Donate to IV Advocacy or participate in the Advocacy in person. This is for your own benefit and you are working for your own green card

    :D:D:D



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  • ram04
    12-19 08:46 PM
    No updates for online yet. Looks like they hage stopped updating online statuses. Anyways Why to bother for that now when we have phsical MTR approval and letter in hand physically.


    - Ram


    Hi guys,

    Thanks for your help guys.

    My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.

    Ram, have u seen any online updates?

    Thanks,
    Prince




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  • chanduv23
    12-01 09:02 AM
    Good decisions, to move on with part time studies

    Call "Circuit" if you have any issues and he will come to your help :)



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  • syzygy
    07-23 05:51 PM
    I think we need to apprise Congresswoman Zoe Lofgren. Is there anyone else in similar situation in bay area?

    My PRIORITY DATE IS sep 2002 ..i am still stuck in PBEC ...


    Sending Petition to USCIS and letter to DOL . should be first step ..




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  • gcseeker2002
    07-10 10:28 AM
    My advanced parole is good till October 2, 2009. I have been in and out US 2 times, spent 2 months abroad doing finals in college. Am going to intern abroad, until October 28th.

    Q1: What is the best date to reenter the US and renew advanced parole? Do I need to be in the US to renew AP?
    Q2: How long do I need to stay in US after sending in my renewal? Do I need to wait the 3 months to get the new parole?

    Thank you
    AP renewal took only 2 weeks, and actually the approval date is only one week from date of receipt notice, i actually lost about a month from my previous approval. This is at NSC




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  • chanduv23
    10-19 04:33 PM
    I wish you all good. Wonderful spirit and great hard work. I wish the community realizes and wakes up from their slumber.

    Hearty congratulations to the organizers and to all those who will make it.

    This is the kind of difference that we must all make.




    adhantari
    08-05 02:28 PM
    expertise are..... mind you there are not that many jobs available. Now people will argue this isn't the case..... but I have seen many many people just hanging around doing Gas station, security, truck driver jobs to get to citizenship and then come back to US.... Beware....

    Canada Immigration Discussion Forum (http://www.immigration.ca/discussion2/)




    GCAmigo
    02-13 11:35 AM
    Hey Bush,

    Why dont you sign the immigration bill for US. :)



    other Bush..



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