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  • chanduv23
    11-22 10:47 PM
    [QUOTE=ImmiLosers]Document URL
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????





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  • seahawks
    07-26 08:49 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez





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  • chanduv23
    03-13 12:04 PM
    where I work one of two things happen:
    - HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.

    - If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.

    File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.

    Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?





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  • vagish
    04-04 10:22 AM
    You will notice that there is not a single provision here that protects the rights of H1B workers and saves them from exploitation.

    There is not a single provision to punish employers who exploit H1Bs.

    Even with other immigration bills you will see there is not a single provision in these immigrtaion bills that punishes employers that hire illegal aliens. Thus all immigration laws being made never punish any US citizen breaking the law by employing an illegal alien or paying low salary or exploiting an H1B.

    Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year. And only 2 H1B employers were punished after being sued by employees. No H1B employer was caught and punished for exploiting any employee. The laws are being made to favor US employers and to punish immigrants.

    I am surprised that nobody is noticing this.

    the laws are there , but only on the books, they don't fund them for enforcement.
    Also some laws are very week and needs to be changed.
    I think general american public is getting to know more about it as everyday
    passess with immigration debate. I think in the future if they pass any law
    it will come with heavy enforcement and also the provisions like hiking h1B and
    green card numbers, both will go hand in hand , there will be some controvercial provisions for both sides .



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  • vin
    09-28 04:08 AM
    Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.

    Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??

    Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!





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  • sen_raju
    09-19 10:39 AM
    Yes, I agree we should change the name to LegalImmigrationVoice. I feel a gr8 sense achievement and satisfaction that I was a part of the rally and was carrying Florida's flag.
    Yes we need to put the word LEGAL everywhere. Even at the airport and in the flight after looking at our T-shirts people were asking what we were demanding. It was not clear to them whether we are legal or illegal and so we had to explain them.
    Also we should not narrow it down to India and China only....May be in future it will be a good idea to check with the speakers what they are going to talk about.
    Overall it was a gr8 effort and hope we will have more turnout in the future.



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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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  • willgetgc2005
    02-15 08:05 PM
    Retrohatao,

    You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.



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  • unitednations
    12-22 02:42 PM
    I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.

    I do know a decent number of people who were on bench for a year or more.

    the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.

    usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.

    Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.





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  • gimme_GC2006
    04-06 05:53 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:



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  • abhijitp
    07-25 09:37 AM
    Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
    Bump... experts, please opine.





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  • gvenkat
    04-07 10:41 AM
    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.

    POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.

    Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.

    So all this is dino-dung. Stop wasting time at your desk and do something productive.

    Let the red-dots rain.

    Seriosly bro. U hit the nail on the head.. It's just rumor mongering at its best and we desis surely do get a kick out of it.. the guys who start these threads/rumors should be just , banned from the forums..

    Have u noticed? it's always a friend's friend or a colleagues friend or a friend's friend's wife. it's never a friend or themselves...

    The logic to send back does not hold good... If u have all ur papers there is NO WAY They can send u back.. if u had overstayed, be on bench and all other issues, yes u could have a possibility of being questioned.. if ur papers or on order.. it's just like a regular travel.



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  • grinch
    02-13 11:13 AM
    Uh no,
    this is what the rules are, sorry man.





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  • andy garcia
    09-10 01:58 PM
    This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
    But the children/spouses of the illegal aliens are eligible for the same!!!!!

    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule



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  • reddymjm
    09-10 05:45 AM
    for eb3 - I think things will be better than what most are expecting. I know that is not enough but atleast it is not hopeless. I guess what most can do is hope for best and be ready for worst. this is why I feel it will be better
    -------------
    my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
    simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.

    True. But this is slower as this gets split in to all categories. For EB3 to get all of that or most of that will take years.





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  • sanju
    02-14 12:44 AM
    I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.

    I bet you, Urban legend or joke about 'police inspector as PL/Sql programmer' is what you heard in some desi party. I have heard that story many times from multiple people, each one telling their own version. Its just like religion, where every one is stupified by other's ignorance and having fun at others expense. Can you name that police officer? Now you won't reply. I bet lot of others on this forum may have also heard this joke. Is there anyone who knows the name of that police officer pl/sql programmer? You see, fun jokes are good only for desi pani puri parties. This is serious discussion going on here, so if you would please excuse us and take your 20 year old jokes to your standard weekend desi parties, please?


    .



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  • chanduv23
    11-11 03:47 PM
    We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.

    Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.

    hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..

    You are also a very active poster and can definitely help IV in all possible ways. Thanks for all the help.





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  • drak70
    04-09 09:52 AM
    Since you colleague friend is a doctor doing medical research , it is possible he might have been been harrased or it is possible the IO did him a favor by letting him in with 5 days I-94.
    Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
    ..
    I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
    ..
    Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).







    Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]

    But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.





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  • pappu
    09-10 11:14 AM
    I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.

    Thank you.

    You can post. Just type the messages on the left hand side panel.





    WillIWin?
    07-24 12:24 PM
    This is my law firm. Seems like they have submitted many applications (140 + 485 concurrently) WITHOUT the employment offer letter.
    Anyone else with this firm ? Also I see that there are people who have already sent in their 485 applications. My 2 cents:

    - Dont send in multiple 485s (with the same underlying I-140. Multiple 485s with multiple I-140s is fine). Higher chances of rejection than just a missing employment letter.

    - If your lawyer is a relatively reputable firm, then chances are that they have done this in the past and have not had any issues. So chances are they know what they are doing.





    qesehmk
    02-11 03:03 PM
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
    Family based visa used for FY2009 = 215,343
    Family based immigrant visa numbers = 226,000

    Unused visa = 10,567
    available for employment based visa numbers for FY2010.

    *********
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105
    Family based immigrant visa numbers = 226,000

    Unused visa = ZERO
    available for employment based visa numbers for FY2009.


    Always go by the facts.


    ___________________
    Not a legal advice.

    I agree. I tried to see if there is a way FB category in 2009 might have received a spillover from EB. But thats almost impossible given EB is severely backlogged.

    Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.

    Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.



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