Thursday, June 16, 2011

journey to the west 2011

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  • amsgc
    07-07 09:50 PM
    Very good, shabaash!!

    Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.

    IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.

    And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
    Grow up!!!!!!!!
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)




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  • chaukas
    10-15 01:39 PM
    I work for a large ( very large ) software company ( No its not MSFT or Oracle ).
    We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.




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  • brb2
    03-26 08:58 PM
    The worst thing about TOI is that they routinely censor out on-line posts which are critical of their article/opinion. Since then I have stopped posting anything on TOI. On-line editors seem to be control freaks.




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  • prinive
    03-27 11:20 AM
    Any one... good news on the way in 48 hours... Any one...:rolleyes:



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  • peer123
    04-17 09:35 AM
    In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...

    my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.




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  • jayram123
    07-18 07:34 AM
    DIGG THIS PLEASE:

    http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards


    Dugg!:)



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  • minimalist
    10-18 11:55 AM
    Based on information I gathered,we need to have original 485 filing receipt to be able to use EAD for extending drivers licence. One question I would like to explore is has any one had success requesting a 485 receipt from USCIS?.I researched on the topic and called USCIS also and the answer I found is that USCIS will not reissue 485 receipt notice.I would like to see if any IVians have a different experience.




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  • doesntmatter
    05-20 05:21 PM
    Background:
    No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
    No Notice of Intent to Deny; Straight denial notice in around 8 business days
    EB2; Priority Date: Mar 14 2005
    LC: Approved Mar 2007
    I-140 Approved May 2007
    1-485 Applied Aug 2007
    First RFE: Only G325
    Second RFE: 4 Items
    1. Signature issue in Medical forms - redid the forms
    2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
    3. Travel dates since the first arrival at USA - furnished all of them
    4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
    What happened in that time?
    Was with Company 2 on L1-B
    L1-B was about to expire by Aug 29, 2001;
    Applied for L1-B extension on Aug 3, 2001;
    RFE on L1-B extension on Feb 23 2002;
    Response submitted for RFE on Mar 3 2002;
    NO RESPONSE TILL SEPTEMBER 2002
    Apply for H1-B with Company 3 on August 20, 2002;
    ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
    Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
    Obtained H1-B visa and travelled back June 2003;
    Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;

    FURNISHED THE COPY OF THE H1-B PETITION in my response.

    Denial Notice was sent out today (have not received it yet).

    Is it possible that USCIS finds me ineligible for AOS based on:
    Normal Eligibility Standards of AOS under Section 245(a)
    Alien must be �eligible� for immigration; and
    Ineligible classes
    Alien was employed in the United States without USCIS authorization prior to filing AOS application;

    If so:
    1. Will I be able to do a MTR or an appeal?
    Or
    2. Is a lawsuit the only way to go since I will not be allowed to appeal?

    How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.

    P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.



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  • thomachan72
    07-28 11:14 AM
    I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.




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  • kirupa
    11-21 05:42 AM
    The poll will go live tomorrow (Saturday) :)



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  • ramus
    06-07 01:10 PM
    Please contribute to IV..
    Thanks.




    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:




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  • redelite
    08-25 01:08 PM
    +1

    I totally agree, I'm running out of ideas.. :-/



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  • thomachan72
    09-11 04:35 PM
    There seems to be two waiting with PD 2003??? who are these people and what is their issue?? please let us know what your problem is? People with PD early 2005 are being aproved and you are still waiting? does not make any sense. You need to do something.




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  • chanduv23
    04-21 04:27 PM
    Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
    According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

    Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.

    Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.

    But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".

    Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.

    So what is the status when one files MTR? It is not defined.

    Thats exactly why I said " An Attorney will be able to explain"

    My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.



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  • franklin
    02-12 06:04 PM
    But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.

    Maybe yes - Quality of Life is highly subjective and personal. For example, I value very highly how I am treated at my current employer. I love the work, the people, and my environment. I have some potentially VERY exciting projects coming up in the next few years that could do wonders for my resume. I've been at the same company for 5 years and have built up some serious company loyalty :)

    Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.

    Your thoghts are important. Please let me know.

    Thanks

    For me, the risk involved in changing a job just so I can jump into an EB2 category is too great. By risk, I mean losing the work environment, colleagues, potential experience - THAT is the quality of life I would be giving up. Of course, your job sounds entirely different, being a consulting basis. So I can totally appreciate how you may prioritize differently - meaning finalizing your green card status as soon as you can.

    If I was in your shoes, yes - I would probably do exactly what you are thinking of.

    Like I said though, its a personal choice




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  • newbie2020
    04-24 12:32 PM
    Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
    http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary

    and the members of the sub-committee:
    http://judiciary.house.gov/committeestructure.aspx?committee=4

    What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).


    Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..



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  • Sreeshankar
    11-04 12:45 PM
    Dear Readers,

    This topic may be totally off immigration and I am sorry for that.

    Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!

    Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)

    Please vote for him and make win the CNN Hero prize money which can be used towards his trust.

    You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)


    Please share the word around with your friends and family!

    Thanks a lot... Appreciate your kind gesture!

    Thank you very much for the post, and very happy to know of such a Blessed Human being, who was able to have empathy and help alleviate the sufferings of others. Though not exactly connected with the materialistic immigration, but nevertheless, the awareness and performance of Noble deeds definitely helps in Ultimate Soulful Immigration to Higher levels of Human Compassion, to evolve - to be the Human being with kindness and love. God Bless.




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  • Redeye
    08-21 03:08 PM
    Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.

    1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.

    2)As someone suggested Real Estate is another option

    3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.

    Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?

    Do not know your age, could be mid life crisis :D think about it....take a vacation....






    I am almost there and expecting green card approval anytime. But now I am having second thoughts now. The desi consulting company I work for had eight people a year ago and two of them now going back (and one more is negotiating) at salaries 20-35 lacs. Has anyone explored Indian job market, if yes then what is hot?




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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.




    rogerdepena
    07-17 10:33 PM
    Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.




    rockstart
    04-23 04:17 PM
    Thanks for the response guys. I think it is better to change address because address forwarding does not work with USCIS letters. I have seen the trouble my friend had to go through to get his GC.



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