Monday, June 20, 2011

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  • amit_p27
    06-26 12:32 PM
    Dont mean to flame you, but you say that you are not a crab and the next moment you bring up religion, faith, Indian etc and associate that to IV's
    goal.

    Whats wrong in that are they not the guiding principles of living life. when we all get angry about not getting the GC, this same faith and values keep us sane. I associate these with IV so that God can give them strength to succed. we will give our donations to support that.

    other news, I hope, we will have this bill passed............





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  • pankaj_singal
    08-19 02:09 PM
    When we e-file EAD/AP, do we get the receipt number the same moment the app is fully submitted or the reciept # comes through the mail from USCIS?





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  • Soul
    02-11 03:28 PM
    When did you vote Majeye?

    - Soul :goatee:





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  • Ramba
    02-20 10:16 AM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.



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  • Vsach
    01-19 04:44 PM
    We shall mail ours on Monday....come on members...this is something we all can do!!

    Regards

    :)





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  • gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • PD_Dec2002
    05-29 04:07 PM
    Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.

    http://www.ilw.com/articles/2007,0530-endelman.shtm

    Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).

    ... ...
    Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
    ... ...

    Thanks,
    Jayant

    http://www.ilw.com/articles/2007,0530-endelman.shtm





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  • vardinishankar
    10-28 04:33 AM
    Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

    "This time you have a great opportunity to consolidate and by working in India, by becoming a good quality professional you will sustain the advantage we have created and will make growth in India a permanent rather than a temporary feature."

    Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.

    I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.



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  • Carlau
    06-19 02:25 PM
    It has to be anyone of a rank signing the letter saying that you work in this position for this salary, someone like your boss, human resources, whoever is nice enough to sign it, they are not really strict on this one, they are on the I-140. Do you have that approved?





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  • vrbest
    10-03 04:35 PM
    Got my EAD Card. My wife's approved on Oct 1st - My son's approved today.

    Took close to 90 days with NSC.



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  • sanbaj
    07-23 05:36 PM
    Hi Sanbaj,

    Congratulations for getting your GC !!

    What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
    Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.





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  • ramus
    06-28 08:22 PM
    I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..

    Please answer it now..



    if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?



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  • sandiboy
    08-16 04:16 PM
    Tomorrow being the last day for filing, i believe whoever had to refile have already done so.... So i guess Admin should close this thread





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  • baburob2
    05-22 04:46 PM
    Guys,

    I am trying to mock the bill. Cant we take a joke?

    I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.

    Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.

    But dont let your hopes down because of a sarcastic comment on the bill. Take it as a joke or ignore it.

    plz don't make jokes of that nature. lots of hopes/prayers/hard work are put in your direction. wouldn't like you guys to loose focus or hope. fight till the end.



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  • looneytunezez
    03-03 03:50 PM
    it looks like it was a "hoax" or mistake on their part.

    my exp. has been that they are usually don't go for a "NO SHOW".





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  • lostinbeta
    02-10 02:50 PM
    Some people prefer to be anonymous I suppose.



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  • ksircar
    07-28 01:04 PM
    I was trying to fill up AP e-filing form. As I do not have a Middle Name, I didn't eneter anything in the Middle Initial field. It does not allow me to submit the form and shows the following error:

    WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.

    Did anyone else encounter the same error and how did you resolve it?

    Thanks in advance.





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  • optimystic
    10-29 09:08 PM
    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?

    Update:

    It turned out to be request for latest employment verification letter.

    Here are the words quoted from the RFE letter

    You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    So, couple of questions to the gurus.

    a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?

    b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?





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  • Soul
    02-02 06:07 PM
    Oooo excitin'!.... :bounce:

    So whats the final date Eilsoe? When the winner is announced I mean...

    - Soul :goatee:





    pcs
    06-17 01:58 PM
    Would you like to send a mass mailer to all to generate momentum ???





    BharatPremi
    09-21 12:03 PM
    :eek: Okay what exactly did you do in DC? ;)

    :D

    See my signature



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