Friday, July 1, 2011

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  • desi3933
    07-10 12:28 AM
    ....
    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?


    Please show me any of my post where I have advised people to file for AC-21.


    .




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  • boreal
    07-06 07:43 PM
    I still havent received the date when my app was sent(lawyer sent it)

    Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.




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  • tikka
    07-05 11:27 AM
    this article

    http://digg.com/politics/Reversal_Fr...ard_Applicants




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  • jguharaman
    11-22 02:37 AM
    Hi Mehul

    I mailed you the Pranayama instructor's email as a private message.

    I would strongly recommend that. I was in India few months back and the person suffering from lung cancer had got cured by practicing Pranayama day in and day out for nearly 1 month. He was given 45 days time by the doctor, as the tumor had burst in one of the lungs.

    But he had faith and got over the problem in a month's time. Doctors were surprised as well!

    I would suggest you do that as well. At least discuss the options with him.



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  • english_august
    07-10 04:53 PM
    In the past week, the "Protest Blooms" campaign notched up the following wins:
    Times of India article
    Buzz in the blogosphere
    Attention from many attorney websites and blogs
    Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
    Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
    Had a senior reporter from New York Times talk to me
    Had the footage of this entire event shown on CNN in India
    Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
    Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
    Had USCIS director react to us
    Had so much interest generated that the IV website was brought down J
    Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.

    Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.

    Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.

    Let us learn from what went right and what went wrong and use this to better execute all future events.




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  • jsb
    09-10 11:00 AM
    There is a mistake in the vb for Oct 2009 for Eb3 . Please look at the mumbai consulate it shows Eb3 -I cutoff date is 22 feb 2002.

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html). Can anyone verify the problem .

    Mistake seems to be at the Mumbai site. They seem to have copied E3-I dates from the China column of the original VB. Perhaps they will correct it quickly. On the optimistic note, we can hope that error is in the published VB, not at Mumbai site.



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  • franklin
    06-13 01:20 AM
    As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.

    I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer




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  • HV000
    09-30 09:44 AM
    I have a couple of questions. My employer has an in-house attorney who is responsible for green card processing.

    1. If i change employers WITHOUT notifying USCIS, who gets the RFE (if any) in the future? My ex-employer or beneficiary (I got my I-485 receipt directly from USCIS)

    2. If i change employers WITHOUT notifying USCIS after 180 days, what happens if my ex-employer tries to CANCEL my I-140?
    Can USCIS cancel I-140 without receiving any AC-21 notification from me?



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  • Hello_Hello
    02-09 09:33 PM
    very childish!!!how old are you ? Terrorists are banned from visiting USA.
    Narenda Modi has been banned from visiting USA.

    You do the reasoning :D




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  • Macaca
    07-09 09:30 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html



    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf 22 CFR Part 42:51
    In general read 22 CFR Part 42 http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html


    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs can (not) be submitted by GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.



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  • gcspace
    10-02 08:53 PM
    I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
    Vivek

    Hi Vivek,
    What time was your package delivered on July 16th




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  • atlfp
    05-02 11:14 AM
    This seems to be a backup bill in case CIR fails. Let figure out someway to sink CIR then. :)

    -- removing unnecessay quote...- Moderator



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  • googlegc
    08-25 07:24 PM
    Guys,

    I just got my H1B Extension approved (8th year extension).
    Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).

    -Googlegc




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  • glen
    05-04 02:56 PM
    I agree. Every little bit will help, when numbers are not moving at all.


    I disagree a little bit - this will help people in EB3 indirectly
    A lot of people in EB2 and EB3 can qualify for auto adjustment of status now, so it will remove people from EB3 queue making it smaller.



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  • greenguru
    09-10 02:25 AM
    vdlrao,
    could you share your opinion on EB3 ?please

    tks




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  • chanduv23
    09-14 10:59 AM
    Opening threads and then burying them deep like any other thread does not help us.

    Thousands of threads were opened like this and everyday we see new threads.

    I strongly recommend
    (1) Update your profile with true information
    (2) Pledge with honesty
    (3) Join a state chapter and make yourself visible and available to IV.

    We can go from there

    There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on

    I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff



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  • tonyHK12
    02-15 09:18 AM
    How about we ask our lawyers to contribute for this event?

    Good idea, I was informed some have helped in the past.




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  • GC08
    07-08 11:51 AM
    People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...

    The suit is long over due. If we do not do it, they will never learn the lesson and they will continue screw not only us, but the future generation again and again. I wish the previous generation had done that for them as well as for us, and we would not have been in such a pathetic situation. :mad:




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  • kkmajid
    10-17 10:30 AM
    Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577

    Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.

    "Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."

    Bicalho said students should be proactive and involved in the application process.

    "Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."

    As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.




    DallasBlue
    08-25 12:00 AM
    Quote:
    Originally Posted by unitednations
    If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.

    That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.

    No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.

    Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.

    Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.

    The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.

    It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.

    I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.

    Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?

    Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.


    Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).



    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.

    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?




    abhijitp
    11-21 02:49 PM
    Reply to a very insensitive post

    And what should the person/family do right now?

    Return to their country like nothing happened? What about the primary applicant's present job?

    Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?

    There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!



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