Monday, June 13, 2011

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  • jayleno
    09-25 12:01 PM
    My friend,
    What is dangerous is half knowledge. There is no such law which prohibits you from using AC-21 and doing an H-1 transfer to the new company. In fact most lawyers recommend that
    prince_charming, you had mentioned that you had done H1 transfer with AC21.
    I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.




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  • gc_coming
    01-12 06:19 PM
    Hi All,
    I got a notice from uscis on sept 24th stating that my 485 has been withdrawn as my previous employer withdrew my 140. I filed in july 2007 , and ported to a new job in April 2008. I filed an MTR on 24th Sept, but the status of the MTR is still received and pending. Its going to be 180 days since my 485 has been withdrawn on march 9th. And my lawyer is saying that i have to leave this country if we dont get the MTR accepted before 180 days.
    Gurus could you please suggest some ideas on all possible steps that can be taken..

    Thanks




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  • svam77
    07-23 03:34 PM
    Hurrayyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy




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  • senthil1
    06-09 03:35 PM
    I have one question regarding your view. Actually point system gives points to the US experience and employer sponsorship. Because of limited number of greencards Those who are not having both of this may not be able to get green card. If you give your calculation everyone will get clear about. I think MS with 5 year US experience will get more points than fresh Phd. That serves the purpose. If that is the case then only eligible people will get gc.

    Gautamagg (Gautam Aggrwal) is Columban.

    Gautam: If you have difference with Immigration Voice's position in opposing the merits based system that gives 21 points being illegal and 20 points for having MBA or MD, then you are entitled to have that opinion, but dont peddle your agenda on this site and find another website or forum to advocate in favor of merits based points system.

    Merits based point system awards supplemental points for illegals. Being illegal is not an accomplishment. Having an MBA or MD is. The two cannot be awarded merits on the same scale.

    Merits based point system works well in countries that dont have annual caps. Like Canada. Their objective in Canada is to fill the country with younger working population in order to balance to demograph that is headed to an aging population. USA is not like that and having points system in conjunction with numerical caps will cause greencard to go to paper-tiger resumes that have lots of points but not employable. There are millions of Ph.Ds in Science in India and China and they would not be employable here but would get GCs. Just like Canada, we would have greencard holders with Ph.Ds and MBBS driving cabs. Employability has nothing to do with papers that prove how many years you spend on colleges accumalating degrees.

    A bachelor's degree from Harvard and a Bachelor's degree from Rutgers would get same points : 16 points. Is that really a measure of merits?

    But again, if you feel that point system is great, issue press release on your own and peddle your agenda on your own but dont use this site to peddle that agenda. You are free to discuss with other members but dont issue press release and dont speak to the media on behalf of IV. Speak to the media as an individual.

    The position of immigration voice on points system is very clear and it will stay that way.



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  • Winner
    06-24 12:45 PM
    Called and spoke to a very "sweet" lady. She was aware of the bill #'s and suggested that I call my local rep (which I've been doing every week)




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  • mirage
    06-29 07:43 AM
    Somebody has to pay for the govt's bills..
    Feds have virtually lifted all grants and support to USCIS as they have to fund their other projects. USCIS was asked to be self sufficient. I also read it somewhere that they are pressured to fund some govt. projects. How that will come ?? Skin the immigration seekers...beat them, whip them.. after all it's their choice to live here...
    How can anyone explain this now? Isn't it a money scheme? Is it reasonable to loose 3 months when you had already paid for it? There is always confusion in this whole GC affair. There seems no option than to live with it and move forward.



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  • kopra
    09-12 11:32 AM
    I think Both Sen.Obama and Sen.McCain are interested in legal Immigration. Mitt Romney was a big Advocate of legal Immigration. But of course, these are not the priority Items for both the candidates and also have to reassure the citizens that they will create new Jobs. Both of their plans will not affect Outsourcing

    Sen. Obama Proposes to end the tax breaks for companies who outsource their work to other countries. This will not have any Significant effect on Outsourcing, as companies save much more by outsourcing , than tax breaks.
    Sen. McCain already said that the lost jobs are lost, he will invest in re-training the workforce and find new areas of employment which cannot be outsourced.

    I dont expect this Question to be heard in the forthcoming debates , as this Question was asked since the interview was conducted in Columbia Univ( University who supports EB Immigration)



    Seriously...both r of no use as far as legal immigration is concerned




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  • kumar1305
    01-12 09:55 AM
    If we fight we lose once, if we do not we lose every time we don't. IV has nothing to lose if it can at least talk to a very good attorney. I'm not a lawyer but there could many ambiguous statements in it, and good attorney could make use of them to fight.



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  • logiclife
    02-13 12:57 AM
    I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!

    That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.

    I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!

    But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.

    Microsoft has not been able to achieve raise in H1 quota in last 3 years ever since it has become stuck at 65,000. Maybe Bill Gates should fire his entire lobbying staff in DC. Change of leadership. US chamber of commerce could not get CIR done last year. Maybe its time for change of leadership in US chamber of commerce too. Technet and CompeteAmerica, after spending 10 times more than IV could not even get the smallest version of SKIL bill passed even though they tried and assured something will happen in lame duck session. Maybe they should be fired by their employers. Unitedfamiles could not get family based immigration reform. They should be fired too.




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  • leoindiano
    02-24 05:26 PM
    I am on EAD, I marched to capitol building in DC for the relief i got, I support this admin fix effort...Count me in for anything you plan to do...



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  • eb3_nepa
    07-05 10:31 AM
    I called USCIS and she said based on the information she got from his authorities, she said all the 485 application packets will be rejected with a note saying that , please apply after oct 1st if your PD is current.

    I also asked her if you dont send us back by oct 1st what sould we do, she said if I dont receive by August mid, then take infopass and go to local uscis office and request for my application back.

    I think all the customer service agents are aware of the issue and got informed what to answer for our questions.


    I BEG to differ. I called USCIS today morning and the rep told me VERY CLEARLY that ANY application received on July 2 will be ACCEPTED as July 2 is the cutoff.

    A few min later my spouse called and they told her, Everything would be rejected.

    USCIS customer service center, currently cant differentiate their A** from a hole in the ground!!




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  • mshelat
    05-16 12:43 PM
    There are several benefits to media coverage.

    You create awareness and build alliances.
    You give the other party (in this case congress) an opportunity to correct the problem.
    You get reporters to do additional investigate work that may help you build a case (This has already happened).
    You have an opportunity to correct public misconceptions, such as that all ITIN filers are illegal aliens, and thereby reduce the chance that the public will support such action in the future.


    Wikipedia also has good interpretation of rebate and ITIN. It clearly mentions

    "Taxpayers who filed their returns jointly are not eligible for payment if any of the persons on the tax return filed with an Individual Taxpayer Identification Number (ITIN) instead of a social security number.[4] For example, if a family of five had one parent with an ITIN, no money is payable to any member of the family, including US citizens with valid social security numbers.[7] As a result, many legal resident aliens and overseas military families will not receive any payment. US citizens who will not receive payments include those who have a parent or spouse who is not a citizen and who does not qualify for a social security number (not authorized to work in the United States). [8] US citizens may amend their tax returns to file separately, but in most cases this results in a lower deduction for dependents, thereby canceling any benefit from the stimulus payment. In many cases, it is better to forgo the stimulus payment than to file an amended tax return.[9] At least one million legal residents and tens of thousands of troops were affected by the law, which was designed to keep illegal immigrants from getting stimulus checks. [10]"

    Wikipedia understands situation better than some of the lawmakers.



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  • brugen
    08-19 03:09 PM
    Fragomen employees are told they represent the company. The company is their client. They are a corporate law firm. There are instances when the law firm represents you, the foreign national. Usually this is when you are applying via a marriage based case, or are in the final green card process and it has reached portability. There is information that law firms cannot release to you as some information requested belongs to the client, and they must receive authorization from the client. Yes, I used to work for Fragomen, before anyone wants to assume anything. I was a paralegal and worked hard for every case that was given into my hands. I specialized in the green card process and made sure I responded to every foreign national as quickly as I can. Please understand that paralegals and legal assistants are subject to the attorneys they work for. Therefore, some questions you may ask require an attorney to respond, and the paralegal or legal assistant's delay may be in trying to get the answer you require. I know not all Fragomen offices work the same. Not all will respond to you in the same manner. Some may be worse than others. So if you are going to defame Fragomen, would you please try to specify which office you are referring to?

    I have read through all the posts on this thread and I know some of you have positive experiences, while others have had very negative experiences. To those of you who have had negative experiences, I am sorry that your case went to someone who only looked at their work as a job. For me, each one of my foreign nationals were special cases, each required as much care and concern that I could give them. None of my cases were ever denied. I wish you all the best in this process. I know it is a long and, many times, frustrating process, especially with countless delays due to either the law firm, your company, or the government.

    And for the person who had asked about the prevailing wage, it comes from the state employment department, not the federal government. Some offices work faster than others. When a prevailing wage comes back higher than what you are making, the law firm then has to go back to the employer to find a resolution, which can mean either an increase in the salary once you have received the green card, or confirmation that is what you will be making at that time, or a reduction in the requirements, which can sometimes take a case from EB2 to the EB3 visa category.




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  • akbose
    04-26 12:28 PM
    Transaction ID #9R925187D47583011

    Happy to be a part of IV .



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  • new2H1&GC
    08-31 11:28 AM
    Hi all,
    Sorry to be asking again, but I needed some details on changing employers before Oct 1st.
    Here's the situation. I am currently on H4 and got my H1B approved this year through a consultancy with start date of Oct 1st 2007 (lucky to get through lottery).
    I only have a copy of the H1B approval notice.
    A few days back I got an offer for a full time position with another company (NOT a consultancy). And they are willing to do my H1B.
    I learned through this forum, that applying for a change of employer before Oct 1st with an approved H1B, is like getting a new H1B only i'm already counted against the cap for the fiscal year. And because it's considered "new" paystubs are not required. Hope I've got this much right.

    My questions are:
    1. Are all the documents required the same as when you apply for a new H1B ? Only you also have to add the approved H1B notice?
    2. Is it ok if a COPY of the H1B approval notice is sent? Consultancy had a verbal agreement with me that I should work for a year with them , but I don't think anything is on paper. Also they said they would only give me my H1B approval notice (original) once I was placed on a project with them.
    3. Does the job title have to be the same? Consultancy applied as Programmer Analyst, and the new company needs a Web Programmer/Server Administrator. Would that cause any issues?
    4. The new company plans to do premium processing, so if all goes well, can I start working with them as soon as the receipt notice comes in, or do I have to wait till I have the approval notice in hand?
    5. Can the consultancy cause any problems for me with respect to my H1B? Is there any way they can find out about this and revoke my H1B?

    If anyone has been through this and got their H1B approved with a different employer before the H1B start date, then please post your replies here. What were the hurdles , and what should I be wary of to ensure everything goes smoothly?




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  • cin45220
    03-26 10:51 PM
    [/QUOTE]
    "all the EB3s are against spillover and making comments that it's not happening this year. It feels like EB3s do not want EB2s to get GCs."

    are you yourself convinced of this? I highly doubt.[/QUOTE]




    What is your point? I posted what I am convinced off. Why are you asking that back to me? :)

    -CinBoy



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  • H4_losing_hope
    02-12 02:33 PM
    Sent 5 more letters to President and copies in one envelope to IV.


    Guys this is great, we can all ask our friends and colleagues to sign letters and we can all secure them by paying for the stamps ourselves. I am not sure my husband knows I have shares in the post office now, but I think he would whole-heartedly support it, and he supports what I am doing!

    Look at Digital2k's amazing number at the front of this thread, now that is inspiring!!! Come on folks, let's get crazy on this!!! :)




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  • gc_dedo
    09-09 07:25 PM
    Bump




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  • auvrm
    01-19 01:31 PM
    I had my H1b till Nov 16, 2010 with Company1

    Company2 applied for H1b transfer and it was approved as of Nov 08, 2010 ( but we didn't get any notification about it it's approval until few weeks later)

    Company1 filed for H1b extension on Nov 10, 2010

    I properly resigned Company1 on Nov 30, 2010 and started working with Company2 on Dec 1, 2010

    Somehow Company1 didn't terminate my H1b extension and it got approved as of Jan 18, 2011.

    1) Which status am I in? What decides my status?
    2) Can I continue working for Company2 without any problems? Has this new approval put my transfer in jeopardy?
    3) Do I need to update Company2 about Company1's extension approval?
    4) Do I need to leave the Country to do any stamping?

    Please help!!




    walking_dude
    09-20 12:41 PM
    While we are at discussing participation, a question I heard at DC comes to my mind. A member ( anil_sap?) asked another Texan member ( forgot name) - 'What takes you to become an Active member?'. To which my friend answered - 'Isn't he active alredy. He is here'.

    That made me think - is being active a nebulous concept. Who's is the real active member of IV? The Core and near-core that strategize, plan , co-ordinate and conduct the business? The guys subscribed to monthly payment but missed DC? Guys who were at DC but not monthly contributors? Guys who were there all 4 days? Guys who visited for a day? "Lunch-Break" agitators? Who is 'active' among these will depend on whom you ask!

    The following portion is in humor. Don't take it in bad spirit.

    I did a self-evaluation, and guess-what, I realized I was a different breed. A 'Know-Nothing' IV member!

    Being a IV member

    1) Do I know why was such a mass mobilization done on that particular day? Is it because there was a push for STRIVE act as speculated in the forums here? Or is it SKIL we are pushing?

    Ans - I KNOW NOTHING

    2) What is the criteria for getting selected for Lawmaker meetings? Why weren't some selected after following the USCIS-inspired process? ( inspired by Marks skit)

    Step 1 : Submit Labor petition E-IV-LOBBYDAY ( twice)
    Step 2 : Verification by Labor department (or is it Name check)
    Step 3 : Receipt Notice ( Talking Points)
    Step 4 : Waiting...
    Step 5 : Followup with RO (Rally Officer). You are still under Processing Time
    Step 6 : Waiting...
    Step 7 : More followup..
    Step 8 : Retrogression due to insufficient (visa) numbers

    Ans - I KNOW NOTHING

    3) Didn't some members from my state attend Lawmakers meetings? What was the result? Where they positive or negative about our cause? What should we do to followup with them?

    Ans - I KNOW NOTHING


    4) What does it takes to become an 'Active' member as defined by Anil? What will take for IV to trust a member enough to let him know of the purported plan for World-Domination? Or should we just remain content gossiping (with near-core members) and making our own guesses?

    Ans - I KNOW NOTHING

    5) Does my State chapter even exist as of today? Or is it an IV version of Flying Sphaggeti Monster, that we should worship without questioning?

    Ans - I KNOW NOTHING

    With so many 'KNOW NOTHINGS' to my credit, I feel like the member of a secret American political party in the time of the Whigs.




    tnite
    07-05 11:10 AM
    Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..

    She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)

    GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY

    Anything received on july 2nd is history.it doesn't matter when you sent it.what matters is when USCIS received it.
    I spoke to a cust. rep and she did tell me that all apps received on and after july 2nd will be returned. To be sure , she put me through an immigration officer (I am still listening to the music)



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