Tuesday, June 7, 2011

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  • gen_tp
    09-02 12:48 AM
    Immigration Voice:

    NSC:

    cokeraj Jun 2004
    sjagadeesan Jun 2004
    nni123 Aug 2004
    Nashim (co-worker) Nov 2004
    aachoo Dec 2004
    kurtz_wolfgang Dec 2004

    TSC:

    ganesha Apr 2004
    NolaIndian32 04.30.2004
    inskrish May 2004
    Tortoise May 2004
    GCWhru (dependent) Sep 2004
    lotus26 (dependent) Sep 2004
    adriansquare (NIW) Oct 2004
    GCNirvana Dec 2004
    mpek Dec 2004

    Service Center Unknown:

    arav_m Dec 2004


    NSC:

    hope1234 04.05.2004
    ms665 04.07.2004
    Wantgc191 04.14.2009
    mitulpatel 04.15.2004
    whenever 06.10.2004
    srsga 06.30.2004
    nandyap 10.18.2004
    priderock 10.27.2004

    TSC:

    ItsGCTime 03.16.2004
    rghrdr777 04.01.2004
    sreenip4 05.04.2004
    EduKondalaVada 05.22.2004
    curryimmigrant 07.17.2004
    LongHuntforGC Aug 2004
    rajesh144 08.08.2004
    crazy4gc 08.18.2004
    msb0 08.28.2004
    mallu37 09.13.2004
    simran (dependent) 10.03.2004
    ksknov2004 (dependent) 11.01.2004
    vurramass 12.11.2004
    tinkerer 12.13.2004
    awaitinggc 12.24.2004
    vb2012 12.24.2004
    surmut 12.28.2004
    greenedtoday 01.05.2005




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  • gcseeker2002
    08-14 02:24 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.




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  • GCPagla
    03-17 08:58 AM
    Hi All,

    Thanks for all your support and soothing words.
    I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.

    The excerpt form our communication is as following.
    a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
    b) offer ltter need not describe word-word match of designation and duty.
    c) if there is a huge rise 50% - no issue.
    d) company size does not matter.

    So I had decided to take the plunge, especially when I have my attorney guarding the case.
    Write the market condition is not to well for H1B
    a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
    b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.

    So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.

    Thanks




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  • priderock
    05-15 01:33 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



    If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

    I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.



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  • gc_kaavaali
    12-08 01:33 PM
    Hi guys,
    IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...

    http://immigrationvoice.org/forum/showthread.php?t=15905




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  • seba
    09-24 03:29 PM
    GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.

    thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:

    1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
    2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.

    Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.

    Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!



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  • nb_des
    04-14 11:51 AM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

    I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.




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  • ramus
    06-11 12:16 PM
    Seems to me you joined IV for then a year now..
    Can I ask you simple question.

    What is your contribution towards IV.

    Contribution could be in any form-- fund/invite friends/send email to reporters/ and so on..

    Please answer here to we all will know.

    Mr. Sanju,

    We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
    Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.



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  • nrk
    02-02 01:04 PM
    Congrats.... :)

    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks




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  • funny
    09-16 02:27 PM
    Don't forget to CALL guys..



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  • kumjay
    06-28 03:37 PM
    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp




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  • americandesi
    09-09 07:04 PM
    The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?

    Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.



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  • hebron
    08-16 03:26 PM
    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

    It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

    If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.




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  • my2cents
    08-05 11:36 AM
    Time and again - there are confilicting opinion from attorneys.

    My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.

    People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.

    If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.

    Thanks



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  • posmd
    06-08 07:45 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.

    When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.

    In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
    Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
    A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.




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  • ravik
    08-03 01:51 PM
    Yes it is



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  • Harivinder
    06-13 04:19 PM
    Thanks For the information. I have made all the calls and I am trying to convince my friends to do the same.




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  • jasmin45
    02-26 10:55 AM
    Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.

    The above said is correct only if you have an approved AP with you.




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  • paskal
    06-11 11:59 AM
    what exactly is your question?
    there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:

    http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf

    there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.




    gcformeornot
    01-09 04:03 PM
    Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?

    applies to general legal immigrant population.




    fide_champ
    08-04 07:05 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..

    well, i realistically see two options here:

    1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
    2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.

    Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.



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