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  • gemini23
    09-26 10:13 AM
    Can the IV core make this a sticky thread or display it prominently in the main that we can this as one of the action items for today.

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  • lazycis
    12-21 06:14 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.


    If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.

    Also, read 8 USC 1255(k)
    (k) Inapplicability of certain provisions for certain employment-based immigrants
    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.

    Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D

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  • desi3933
    02-04 01:44 PM
    Recently got Laid off. Here are my details:

    -485 has been pending >180 days
    -PD: Feb 2006
    -Last day of work is 6th March, 2009
    -EAD valid for another 6 months or so.
    -I am working on H1-B, which is valid till 2010.

    I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.

    My comments are in blue ....

    My questions are:

    -Can one stay unemployed on EAD without jeopardizing the GC process?
    Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.

    -Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
    There is no such regulation at this time.

    -Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
    There is no such regulation at this time.

    I mean when do I have to inform USCIS if at all?
    In the event of RFE.

    Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
    Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.

    Contributions: $350 +
    Led various fund raising efforts for Tristate Area
    Was in the DC rally

    Priority Date: Feb 2006

    Good Luck.

    Not a legal advice.
    US Citizen of Indian Origin

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  • cbadari99
    02-14 01:18 AM
    1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
    People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital

    2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany

    In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss

    3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
    Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable

    4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
    Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants

    5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
    US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector

    6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
    Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs

    7. Raiding Jewish business and making arrests on a number of charges
    Arrests and charges against body shops have started on body shops.

    More to follow


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  • Dolly20
    10-03 01:14 PM
    When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
    1. Do we have to fill in I 539 form or I 129 form
    2. How long is the processing time?
    3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
    please help me. Your responses will be greatly appreciated.

    Thanks in advance :)

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  • coldcloud
    06-10 09:14 PM
    what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.

    Is this forum for letting every body know off what is coming and wake us to act are show off that I have an EAD and I escape from this situation and you are the ones caught in this? Are you not ashamed of your self? Did you read Pappu's initial posting fully?


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  • namecheck3yr
    02-21 11:26 AM
    I am trying to immigrate to this country. I feel that I have my own responsibility to make this country a better place. From my own experience, I know that the namecheck is the most ridiculous process, needs immediate fix:
    1. What is the legal base? No legal base makes it become such a black hole.
    2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
    3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
    4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
    5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
    6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
    7. No transparency, nobody knows how they do it.
    8. Not responsive, you cannot get any meaningful response except those excuses.
    9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.

    retrohatao willgetgc2005 wam4wam & stirGC,

    Thank You for your input. This is very helpful to highlight the name check problem. The problem description and proposed solution by retrohatao are very good. However, just allow me to share a bigger picture. There is no difference between any issue is being categorized by someone to be a sub-issue or if an issue is categorized as main issue. What is important is that the issue is being addressed ....

    willgetgc2005, just so that you know, I am also stuck in name check since June-04 and my 485 is pending since Oct-03. Just like you, this issue directly affects me. No doubt this is a very important issue. As berkeleybee mentioned, this is being addressed and communicated to the lawmakers and CA team did an excellent job in making the presentation to the lawmakers.

    Even though name check delay issue directly affects people like you and me, know that this is not the only important issue. The point is, many people only care about getting to the next stage of GC process. If someone's labor is stuck, that group thinks that labor certification clearance should be the top priority. If someone's 140 got rejected, then that issue should be the only issue on IV's agenda. If someone is not able to apply for 485, then that person wants to make that as the top priority. If someone is a PHD, then that person wants the top agenda should be to get GC to the guy who has PHD and the argument presented to us is - don't you get it, I am a "PHD". The other day there was a group of people including techworker_tn1, helpful_leo etc who wanted to form their own group for PHDs. And now, if someone's name check is delayed, then we say that everybody will have to go through it sometime in the later stage, so this issue should be on the fore-front of the list of issues.

    I am slightly perplexed by the behavior of some members who seems to indicate that we are in some sort of race with one another. And these members seem to send out a message that says - if their issue is not listed as top priority goal then all other issues that IV is working to resolve or all the work being done by IV is worthless. I am slightly disturbed to read posts like the one from wam4wam which says that he/she hopes that bill is not passed till his/her name check is cleared.

    This is a sincere request to everybody. If all that we think about is 'what's in it for me', then we cannot find commonality among ourselves. And thus no progress is possible. Know that with this thought process, nothing will happen.

    IV is an organization made by people like you and me. If everybody's objective is to get to the next stage of green card process, know that we are not behaving like matured and "educated" class that we all claim to belong. Just reaching the next stage of the process is something like looking for instant gratification which actually doesn't help the cause or the complete green card process.

    Most humbly, I would like to request you to post your experiences with how many people you have communicated about the efforts of IV? How many people you have convinced to join IV? What is the success rate? Were you able to persuade the people to contribute for this cause? Those things will help more than anything else. If IV is bigger and stronger, we can together address each and every issue. Ask yourself, how is it possible to continue to include more agendas and not come up with more helping hands and more resources and expect to succeed?

    If you do not see a favorable post or see a post that doesn't contain something that you want to hear, please do not infer that nobody cares or as if no one is doing anything. That post may just express somebody's opinion. I must mention that everybody wants their agenda to be pushed to the top. If there is some sort of a debate from others in the forum, I see that group of people starts backing off and starts posting messages to communicate as if this forum or IV is not doing what it should; Or some people start posting messageas hoping that bill will not pass if their agenda is not addressed.....and on and on. Please let me share that this doesn't help anybody.

    retrohato, Would you like to take the lead on making name check to the forefront and address it in every possible manner? IV needs sincere people like you who can spend time to do each task. We have very good ideas on how to approach this issue and find a solution to this issue. If you could please take the lead on this issue, know that name check is top priority of IV. I would request you to please call us at anytime convenient for you and express that you would like to work on this issue. We need people who are ready to take ownership of issues and are ready to deliver. Would you like to join this effort actively?

    Just so that everybody know, Immigration Voice could include 'World Peace' as one of the agenda items. But just including something as Goal doesn't mean that it can be achieved. To achieve anything that is listed as goals or to meaningfully add anything to the goals we need more serious people and more resources. If you are interested to actively contribute, please call us and we will connect you to the larger group of people to team-up the work for this issue. It is ok if you are not able to participate actively. It would help if you could please encourage others to take up the responsibility. Just because people are not agreeing with you, posting negative or discouraging messages will not help anybody.

    America is a great nation. That is why we want to stay here and want our GC sooner. JFK once said that 'Ask not what your country can do for you, ask what you can do for your country'. One of the reasons why America is Great is because of the people of this great nation delivered what JFK said. We all could learn from this and before making any claim to being part of the American fabric or before claiming to be from "educated" class, maybe we need to stop behaving in way that only sends out the message 'what's in it for me'.

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  • bayarea07
    08-06 07:46 PM
    Read Post above yours and you will have the answer.

    Hello Gurus.

    My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

    My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

    Appreciate your inputs.



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  • vagish
    04-04 03:03 PM
    This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?

    sometimes they say don't wish, your wish might come true, we are fighting for retrogression thinking that it is the worst possible thing of our lifetime,
    guess what if they pass a bill to reduce retrogression along with other provisions,
    like the one's mentioned by Durbin's bill and then many would become ineligible for GC at the first place.
    Once thing is sure, if the GC or H1B numbers are increased, it will come with some good enforcement measures and some other provisions which would tighten this whole process.
    there won't be any free riders any more , many in america are becomming aware of this day by day.


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  • Imm_Exploited
    03-16 11:19 PM
    Dear amsgc,

    Just want to compliment you for your much balanced and cool response.


    Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
    If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?

    Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?

    If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.


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  • skark
    03-21 05:31 PM
    Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!

    Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...

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  • srinivasj
    03-11 11:11 PM
    now looks like dates would move only after july..


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  • polapragada
    02-18 07:37 PM
    I hope it will become law...
    But my mind says NO way!!!

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  • pappu
    01-16 09:44 AM
    Thank you Anurakt and others that have signed up. Anurakt I am sure this time our members will take up your challange and make you pay $500


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  • ak27
    01-19 09:21 PM
    Hello Members,
    I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..

    1. Meet the law members compaign. List of Congress Members is below:
    2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
    3. Commercials in Theaters playing Hindi movies
    4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.

    It is up to us to get these initiatives going as soon as we can.

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  • anandrajesh
    07-02 12:00 PM
    Well, this is a clear sign of "You are not Needed here, get the heck out of our country". May be we should heed to this msg and move out.

    I wasted My money, Time, Took a Few shots at the Doctor, declined a good Permanent Offer for all this. What a Waste...

    This is a sad sad news


    The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

    Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

    have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    Department of State Publication 9514
    CA/VO: July 2, 2007


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  • vivekjay
    10-20 02:23 PM
    He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.

    Atleast Obama's attack adds are based on policies and not personal attacks. I lost all respect for McCain for his campaign stooping so low and after his VP pick. My god what was he thinking?

    Democrats are poised to increase their majority in both houses and McCain is pretty much going to have a hard time pushing his agenda regarding a lot of issues. I dont want another lame duck president.

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  • sonia_sd
    03-09 01:47 PM
    A country that was built on immigrants paying with lifes of future immigrants - i dont know when this drama ends !!!

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  • nomi
    12-13 11:03 AM
    I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
    but What is the stand of Core group on this?
    No update from any one!!

    Please Core Team ,

    Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.

    Please throw some light in this regard.



    01-17 11:34 AM
    it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.


    bumping up the thread since this is the most crtical thing for us to achieve at this time so that we can put more resources at work in the coming months. As everyone could see on this thread, only few members have signed up for recurring contributions. We sent emails to all 8000+ members and the emails are still bouncing. Members have put fake email addresses. Despite repeated requests members have not updated their profile. In future when we send out updates by email or phone, such members will not get any updates too.

    Since yesterday more than 2000 members have visited IV site and read this thread. We did not even get 1/100th of members signing up for this and contributing as little as $20.

    Is this your commitment to the cause?

    10-07 02:53 PM
    My packet delivered to mailroom today morning at 9:07 by UPS. And just now at 2:48 got page and checked online status and its says they issued RFE again?

    �On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�

    Not sure whether it�s their system glitch or it�s my luck... :confused:

    Is it happen to anyone else or it�s me?

    I hope it is just system/human glitch.

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