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  • neha_garg123
    01-08 07:20 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.

    Thanks a lot!!





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  • ck_b2001
    08-15 02:48 PM
    Why cant we just sit back and relax. There is nothing we can do after filing and if you have not heard about reciept, check cashed then no big deal. 99% peopel will get reciept without rejection. Have some faith. We will get nothing from calling USCIS, figuring out LUD, speculating who signed our envelop.





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  • Dipika
    03-28 09:41 AM
    guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

    http://murthy.com/bulletin.html

    hoping big forward move.:D





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  • dingox100
    11-19 02:18 PM
    My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question

    Visa officer: Whats your Age?
    my friends brother: 26
    Visa officer: sorry , visa cant be issued.. rejected.

    No more questions and no more answers



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  • rockyrock
    07-28 09:53 AM
    My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....





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  • antihero
    11-26 12:53 PM
    Hi Guys,

    I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

    I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

    Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

    Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?



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  • hariswaminathan
    02-12 11:43 AM
    People,

    Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
    Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?

    Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.

    something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.

    COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"

    Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
    So this is what i did

    a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
    b) forwarded the website info to a few of my collegues at work and told them what i did.

    I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.

    If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.

    Hari





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  • cagedcactus
    05-03 06:59 PM
    "senator_levin@levin.senate.gov" to me
    show details Apr 30 (3 days ago)

    Dear Mr. Amin:

    Thank you for contacting me regarding immigration and border security. I appreciate receiving your views on these important issues.

    Our immigration system is broken and needs reform. I believe an effective immigration policy must include comprehensive border security and comprehensive immigration reform. We must secure our borders against real threats from terrorism and protect U.S. workers, while preserving the freedoms and principles on which our nation was founded. We must address reforms realistically, stem the tide of illegal immigrants entering the country and be fair to those who are here legally.

    I support comprehensive border security reform. I voted in favor of an amendment to the Fiscal Year 2007 Defense Appropriations Act (P.L.109-289) that appropriated $1.83 billion to construct 370 miles of triple-layered fencing and 461 miles of vehicle barriers along the southwest border of our country. I also supported an amendment to the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief (P.L.109-13) that provided $390 million to hire an additional 650 border patrol agents, 250 immigration investigators, and 168 immigration enforcement agents and deportation officers, as well as to fund an additional 2,000 detention beds for immigration enforcement purposes.

    I believe any reform must protect U.S. workers. For this reason, I voted in favor of an amendment to the Fair Minimum Wage Act (H.R.2) that would bar employers who violate immigration laws by hiring undocumented workers from receiving federal government contracts for up to 10 years. The Fair Minimum Wage Act passed the Senate on February 1, 2007, and must now be considered by a House-Senate conference committee to reconcile the differences between the Senate and House versions of the bill. I believe it is important to ensure that employers hire only those legally eligible to work and that employees are treated fairly. I support a broad-based Electronic Employment Verification (EEV) system, which builds upon the existing voluntary pilot program, to increase the reliability of employment authorization checks. In the 109th Congress, I supported a number of worker protection amendments to the Comprehensive Immigration Reform Act (S.2611). I voted in favor of an amendment that would have established a true prevailing wage for all occupations to ensure that U.S. workers� wages are not lowered as a result of the guest worker program, and I supported an amendment that would have required employers to make good faith efforts to recruit U.S. workers first. S.2611 passed the Senate by a bipartisan vote of 62-36. Unfortunately, S.2611 was blocked by the House because of opposition to the immigration provisions in the Senate bill. The bill was not passed before the end of the 109th Congress.

    Comprehensive immigration reform must remove the �magnet� that has attracted millions of people to cross the border illegally. We should not provide amnesty, but instead permit currently undocumented workers to earn the right to obtain legal status over a long period of time, under restrictive conditions, including being required to pay fees and back taxes. These individuals would be required to apply through the same immigration process as everyone else and take their place in line behind all those whose applications are pending. I will continue to work with my colleagues in the Senate toward effective solutions that address our nation�s real immigration problems. Without a comprehensive approach to immigration reform, our current problems with illegal immigration will likely continue.

    Thank you again for contacting me.

    Sincerely,
    Carl Levin









    CC to senator_levin
    show details 7:36 pm (1 minute ago)

    Respected Sir,

    I wanted to bring to your attention the woes of immigrants who are legally here in U.S. Specifically, the high-skilled workers who are experiencing decade-long waits to get Green Cards (the employment based Green Cards). There are approximately half a million such people in U.S. today whose lives are in limbo as they wait to get their Green Cards. I encourage you to visit http://immigrationvoice.org, an organization comprising of such people who are lobbying the Congress to help get some relief urgently.

    The focus of immigration reform has solely been on illegal immigration. What is not so well understood is that the fate of legal immigrants has been tied with that of the illegal immigrants (because there is just one bill that the Congress will debate - CIR/STRIVE). It is ironic that if this bill does not pass, legal immigrants would be left hanging in the dark again, even when there is bi-partisan support for their cause!

    The waiting times for getting an employment-based (EB) Green Card (GC) are increasing each day for nationals of all countries. But especially hard-hit are people from India and China, whose waiting times are expected to increase to 10-15 years, if the current trend continues. The demand for EB-GC keeps increasing because over the last decade an average of about 100,000 skilled workers have joined the U.S. work-force each year (using H-1B visa, and graduating foreign students), but only 50,000 new employment-based Green Cards are issued. U.S. issues 140,000 EB GC but even family members are counted-off from this quota, which thus effectively reduces to about one-third. Therefore, each year about 50,000 skilled workers join the queue for a Green Card.

    Once the wait for a Green Card starts, all major life-decisions are influenced by the Green Card application process. Decisions about traveling abroad, marrying, investing, kids' education, and changing cities are then based on the stage in which one's GC application is. The biggest impact of the wait is on the person's professional career. Once the process starts, changing jobs usually means re-filing for a GC, implying that the person starts from the end of the line again. Even promotions within the same company are not without risks, as any change in job descriptions necessitates refilling the application. So a person waiting for a GC is expected to remain in the same job with the same company and without any substantial increase (or decrease) in pay! The skilled worker therefore lives life in constant limbo.

    The psychological impact of being stuck and being treated as less than equal, even while paying all taxes (including SS and Medicare, to which they are not even entitled to without becoming permanent residents) is immense.

    Your help is very much needed to eliminate this unfair backlog and reform the system, so that no innocent and law abiding person should suffer anymore. Your kind reply is very valuable to me.

    I appreciate your time and help.

    Regards,
    CC





    Above is the email conversation beween me and Senetor Levine. He seems to be in support for Legal immigration, but is against Amnesty.
    My reply here is basically a nice written post by a fellow member here (Eternal_hope).
    So credit for writing goes to him.
    A similar reply was sent to senetor Debbie Stabenow (Michigan too)

    Please comment......



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  • belmontboy
    11-16 10:27 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks

    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.





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  • logiclife
    05-09 10:34 AM
    Meet-and-greet fellow
    Immigration Voicers

    Some of the Core-group members will be converging in Washington DC on Monday, May 15th. Some of us are flying over the weekend (from Florida, Nevada, Seattle etc) and the ones nearby (NY, NJ, DE, MD) are driving there.

    The core-group would like to meet Immigration Voice volunteers and members in and around the Washington, DC area. We are arranging a get-together dinner event on May 15th in DC Metro area to facilitate this meet and greet, and to have frank conversations with our current and future members.

    You are invited to meet with the core group and network with members, local professionals, and well-wishers of Immigration Voice. Don't lose the fantastic opportunity to learn more about IV's strategy as well as the Capitol Hill meetings first-hand from the core-group.

    Attorney Rajiv Khanna would be joining us for this meeting.

    The event is arranged at a Bombay Palace at a discounted price of $20 per person. Like all the activities and events, the expenses (food, travel etc) will not be reimbursed by IV, and it would be paid out-of-pocket by volunteers, members and all guests.

    If you (your spouse or colleagues at work) would like to join us,

    (1) Please RSVP at the following email addresses with subject "RSVP".
    (2) Include the following: Name, and TOTAL number of people attending - including yourself.
    (3) Children NOT allowed (As this is a professional/organizational event, we advise you not get kids along with you. We apologize for any inconvinience this may cause.)



    Venue

    Bombay Palace
    2020 K St. NW, Washington, DC


    Time

    6:30pm to 9:30pm


    Valet parking available(Free after 5:30 PM)

    Metro directions
    (Easily accessible by metro.)
    Few blocks from the follow. metro stops:
    Farragut North (RED line - Connecticut Avenue and K Street) and
    Farragut West (BLUE and ORANGE lines - 18th and I street)



    RSVP by Friday (05/12) 4:00 p.m.:
    (Please include the total number of people. Children not allowed.)


    jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
    info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)



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  • gcnirvana
    10-25 05:31 PM
    Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
    Go figure...:confused:





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  • willgetgc2005
    11-17 01:23 PM
    And you are betting that EB will be in CIR. May or maynot be the case.
    CIR may just have H1 B .

    Seems bleak.SKILL is the best bet. Politically, they will want CIR to linger on so they can bicker......




    if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
    IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.



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  • widad2020
    07-17 04:58 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    This is what I am seeing in Aug bulletin.Does this mean are July dates current.Pls help





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  • pappu
    08-19 01:27 PM
    Hi,

    My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
    We have just requested expedite request but may not get it in time.

    She just entered into USA using AP in July.
    485 was filed in Aug 07.

    If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?

    And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?

    Thanks,

    You can ask this in the Attorney conference call today



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  • yganreddy
    09-01 12:01 AM
    They would have been happy with their half loaf.





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  • satyasaich
    07-20 06:43 PM
    Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
    I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

    I'll truly appreciate
    Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.



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  • StuckInTheMuck
    07-11 12:27 PM
    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify?
    You can get EAD without FP (the card will say "Fingerprint not available"), but if you e-file your renewal application, you will get a call for FP (paper-filing renewal does not require FP). As I said, I deliberately e-filed for that FP call so I can get into the local USCIS office, and then persuade them to take my I485 FP as well.





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  • DSLStart
    12-16 10:32 AM
    Very first thing hire your own attorney if new company is not providing one. Have your attorney send USCIS G-28 (change of attorney) on your 485 and other pending cases. Make sure the new attorney sends this out on the second day you meet him. This way your ex employer's attorney will have not control over your case. Spend money from your own pocket if new company not providing attorney as this is an important thing.

    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....





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  • kaisersose
    07-26 03:20 PM
    Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency

    Just mention you applied for 485 and you are waiting a receipt. Use the bright colored paper option they recommended for such situations.





    cool_desi_gc
    11-15 07:32 AM
    My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.





    kaisersose
    10-15 09:34 AM
    Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
    My friend is working in a medium company for 5 years after he got GC.
    Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
    Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
    here are examples...
    1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
    2) during discussion do not use any US slangs. Talk to them in simple english.
    3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
    4) know something about cricket. Indians love cricket game.

    The correct term is Offshoring.

    Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.

    Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.

    Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.



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