Friday, June 10, 2011

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  • leo2606
    07-05 10:08 PM
    Are you kidding or serious?

    AC21 is applicable only if I-485 is pending, once I-485 approved you don't have to tell any one.



    Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.

    Thanks




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  • Goodintentions
    01-29 09:16 PM
    Dear All,

    First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.

    1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India

    2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!

    3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs

    4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?

    5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!

    6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.

    7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record

    8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!

    Let us hope that something will work out before the end of the current term (2012)

    Best wishes!




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  • chanduv23
    09-12 11:34 AM
    I guess USCIS will use whitepages.com soon for verification of address.

    There is a lot of negativity about H1b - immigrants etc... on the internet by hate groups and also there is a tendency that negative news is a influencing factor. This is the cause of concern.




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  • karanp25
    07-13 07:55 PM
    no...no sarcasm. j751 and all others, u r at the mercy of uscis all ur lives. U shd inform them of any small move u make in life, or fear losing ur GC otherwise. U know they can revoke GC/citizenship at any point, right? Well, then behave..OK?

    as for u EB3_SEP04, take it easy...let's go together to junk our cars, rather than being paranoid about warming up the engine at every cold start.

    karanp25, I am assuming that was meant to be sarcastic.

    I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.

    some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.



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  • malibuguy007
    10-03 05:38 PM
    And back on to the first page again :eek:




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  • rheoretro
    09-18 03:06 PM
    Folks,

    What does that link have to do with research scientists and professors?

    RR



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  • zhoeno
    10-01 07:55 PM
    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.




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  • intheyan
    08-13 09:07 PM
    I feel the name check rule is just for our satisfaction and it is not helping most of the name check clearence.



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  • eeezzz
    10-09 04:14 PM
    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.

    I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.

    Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.




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  • thomachan72
    06-13 02:36 PM
    ---
    Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
    I appreciate your clarity of thought and very good sense of direction. Many of us seem to have lost that and are directionless now. Keep it up!!



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  • thomachan72
    09-07 11:30 AM
    Do you have a valid AP?
    If not, how is it possible to enter the country?

    It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.




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  • beavis
    02-14 10:09 PM
    I always book tickets for my mom on travelocity.co.in using my US credit card. works perfectly and they have great prices.



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  • sbdol
    07-20 10:18 AM
    I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
    Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
    Also there is a great injustice to those who had to go through the BEC black hole.
    I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).

    So how to fix all this in a way that it would not affect negatively anybody?
    The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
    This would PARTIALLY restore justice without punishing anybody.

    USCIS will be happy as it would take off some pressure from their delays.

    Legislators are happy as more people will be able to vote for them.

    Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.

    All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.

    The current losers in immigration process would automatically catch up (almost) with the luckiest ones.

    Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.

    Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.

    Employers are NOT UNHAPPY since the measure does not affect them in any way.

    If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
    Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.




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  • shaileshkaria2525@hotmail
    09-19 11:30 PM
    I want to share the experience of one of my friends who recently went for visa stamping.

    He went to Mumbai Consulate with his family for H1B and H4 visa stamping on 08/25/2009. Here are his basic details.
    *He got his H1B approved through October 2011.
    *He has his GC process on.
    *He had originally come here on B1B2 visa about six years back and got the visa converted into H1B visa.
    *His current employer is his third change of jobs and have been with this employer for the past 3 years.
    *He has his I 140 approved for about a years time and has EAD, and AP valid through October 2008.
    His Experience
    Their appointed time for visa stamping was 9.00am and their turn came at about 11.00am.The Visa Officer asked my friend routine questions about how he got his first job and he answered exactly as his lawyer had advised. The VO asked him questions about his current employer, what the company was doing, how many employees did the company have et al. She asked him a specific question as to why he went to the US first and why his family joined him later initially although they got the B1B2 visa together. To this he replied that his sons were students in India and they had their terminal exams in September back then.

    Then she asked him as to whether he had his credentials with him. He showed her his degree certificates as well as copies of his membership certificates of Chartered Accountancy. She looked at all the originals and then conveyed to him that there were inconsistencies on his certifacates with his original B1B2 visa application and that she will call them later. My friend gave her a copy of his credential evaluation for all the degree certificates.

    They were stranded at the consulate for another two hours when another VO announced their names. She was an Indian lady who asked him a silly question about CA institute and as to why he did not mention the name of the city where the institute belonged to. My friend replied that it was an all india institute head quartered in New Delhi. He also conveyed to her that he had given them a copy of his membership as a fellow ( CAs receive the membership certificate as a fellow after they complete public accounting practice as an accountant for five years). She then conveyed to him that she will call him later if required. After about one and half hour further the original visa officer called their name and conveyed to them that there was some further investigation needed to be done on their case. Gave them a yellow letter that stated that he will get an e-mail from the consulate office and they do not need to come back. She gave four VFS envelopes for all of them and asked my friend to wait for the e-mail. She told him that there was nothing to worry about in his case bla bla bla...

    My friend and his family had their tickets booked back to US on 08/30/08 from Mumbai. He called his lawyer in US and sought his advise. The lawyer advised that ideally my friend should wait for the e-mail and extend his stay in India. To which my friend replied that he had already availed three weeks of vacation and that he needed to go back to US. They waited with baited breath for the e-mail from the consulate that never came. My friend meanwhile managed an e-mail from his boss that asked him to resume his work on Monday September 02, 2008.

    They took the risk and came back to LAX on 08/31/08 and did not encounter any problem using their Advanced Parole documents.

    This morning my friend received an e-mail from the Consulate Office in Mumbai that stated that the administrative process for the non-immigrant visa application on his case had been completed and asked him to come at the Consulate on any working day in the morning with yellow letter, VFS envelope, and documents pertaining to visa application. But the last sentence on the e-mail read as under, " Personal appearance is required. Please carry a copy of this email for ready reference."

    Gurus! anybody with previous experience like this please share your experience that will help my friend decide as to what he needs to do!



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  • rahul2699
    05-20 08:01 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    and your question is?




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  • gceb3holder
    02-27 09:19 AM
    Glus

    That was exactly what I was looking for.

    What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.

    Tks!



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  • dingudi
    02-20 02:36 PM
    Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

    We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

    Gurus - Please advise.

    rbalaji,

    If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

    Looks like they have begun processing applications filed in July 07.




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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.




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  • rajuram
    04-04 07:55 PM
    here is the correct link:

    http://www.goinglobal.com/countries/India/india_visa.asp




    saileshdude
    04-16 11:23 AM
    Hi RareRFe,

    Can you post a scanned copy of your RFE here. You can take out all the personal info.




    anilsal
    07-16 05:12 PM
    That could explain why NSC never got the memo. Remember only EB I-485 is in question.

    Isn't it the other way around?



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