Saturday, June 18, 2011

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  • GCKaIntezar
    01-30 03:15 PM
    See attached. Added my comments. Please feel free to add/modify.

    I suggest that keep it 1 page long only.





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  • idlinginc
    04-09 03:40 PM
    Hello Everyone,
    I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..

    Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..


    Thank you
    ak27

    Dear ak27,

    Could you post the groups URL so that I can join?

    Best Regards.





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  • srkamath
    07-20 09:31 PM
    If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
    So the numbers will very less than your estimate.

    Thanks, you are right.....
    I guess then the number is somewhere in between.
    Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..





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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.



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  • jetguy777
    07-11 03:20 PM
    Why didnt the EB2 ROW number trickle to ROW EB3 first?

    Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.





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  • mirage
    07-13 07:54 AM
    Please correct your spelling of Murthy. I thought some senator or Congressman Murphy wrote to DOS. If it was murthy I wouldn't have bothered to come on this thread. She is a big time crook. Shamelessly she's trying to take credit of everything that we are doing here under 1 banner called immigrationvoice she will take credit of Zoe Lofgren and everybody else. She has never ever mentioned immigrationvoice for anything in her so called updates.

    http://www.murthy.com/chertoff_murthy.html

    July 12, 2007

    ......



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  • seeker999
    08-11 03:23 PM
    August 15th being Independence day.

    In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is

    Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)

    I will be there and make sure the voice is heard. Do we have any standard document or something.

    I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...

    Just my thoughts...





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  • va_il
    12-27 01:53 PM
    Munna Bhai
    I talked to Atty Murthy's office about the same issue. They said that
    they had couple of experience where I140 revoked. But USCIS honored
    the original PD. But atty says that its kinda grey area. They could insist
    that if I140 is revoked, new PD could be your change of employement date.
    It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.

    good luck
    babu

    Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?



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  • django.stone
    11-11 05:19 PM
    Guys..

    If your are with me please respond to this thread

    We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

    Yes, good idea and something that will benefit the entire I & C community in the long run including EB3. I will support the initiative.





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  • coopheal
    05-06 08:54 PM
    We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....

    If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.



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  • alias
    06-10 01:37 PM
    Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

    all you need to file an EAD renewal is:

    copy of your old EAD
    2 Passport photos
    copy of I-94
    & the filing fee





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  • aachoo
    03-09 12:47 PM
    Hey who are you calling BS ???? :rolleyes:

    I have been in the US 15 years and counting.

    -a

    This is insane, they are moving 15 days in 1 calendar month.

    So going by this pace for EB3

    mar 2002 - march 2011
    mar 2003 - march 2013
    mar 2004 - march 2015
    mar 2005 - march 2017
    mar 2006 - march 2019

    i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!



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  • nixstor
    10-15 02:17 PM
    Please explain, What is the space limitation issue on IV as login? In that case, I should have some :confused:

    Nothing you should worry about. Its just that my upload along with postwas failing. Hence I uploaded it on megaupload. Click the word Megaupload or Google docs in my post above and download the template.





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  • immigrant2007
    07-29 01:35 PM
    Add CareFirst - Blue Cross Blue Shield
    Legg Meson

    All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
    We should think of taking some legal actions...

    advise forall my friends (ots free)
    don't comprise on these things on job here:
    GC
    Salary
    Position

    Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)



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  • sathyaraj
    03-06 10:54 PM
    Hi All:
    I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.

    There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.

    Please provide me with your experience and the inputs from your attorney.

    I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.


    Regards
    SathyaRaj





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  • nomi
    12-13 01:24 PM
    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks


    Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.



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  • fcres
    07-23 04:15 PM
    Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





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  • chanduv23
    07-29 02:03 PM
    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????

    Let me tell you my story

    I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.

    The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.





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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351





    sbabunle
    01-28 12:43 AM
    Rajuram
    You got couple of things wrong here. Passing a legislation is not a piece
    of cake. It would take sometimes years persistent effort. Contributing
    a few hundred or even a thousand dollars and expecting everything to be
    changed would be too ridiculous. Several tech lobbies are also lobbying
    hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.

    Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.

    If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D

    Now good luck on your GC





    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.





    Dhundhun
    03-08 01:00 AM
    I have same understanding - from friends, who got greencards.

    There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.

    Job title can be different but job duties must be similar.

    Salary difference is ok but it should not be less than what is mentioned in labor certification.

    In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).

    Cheers!



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