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  • tikka
    06-25 12:47 PM
    IV members have saved all of us a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing their personal paperwork and + lobbying.
    Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.





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  • rockstart
    08-03 01:50 PM
    Knowing about future, or predicting what is to come, would help if we ought to do something in preparation; an advance action, such as nailing our windows shut if we are predicting a storm. That is not the case here. Therefore, sure shot 'prediction' is just to wait and see. It is only a few days away. If new cutoff date encompasses your PD, pray and check your email every day (or every hour or even minute), and hope for the best.

    I agree with you. Next week we will see the bulletin and then some people will be elated if their predictions come right and some will be disapointed. Again in 20 days we will start a new thread for Oct bulletin and FY 2010. I guess it is just that we are keeping alive our hopes.





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  • nnan
    05-25 09:41 AM
    Bad for consulting companies (no H1B; may lose job)

    Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)

    Bad for H1b transfers and extensions (severe restrictive provisions on H1B)

    AC 21 repealed (disastrous)


    Bad for pending I 140 .... left in limbo

    Bad for pending LC .... left in complete limbo


    Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers

    This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
    You mention "AC21 repealed"

    Is this applicable to people who have already invoked AC21 (PD Sep 2002, I485 Rcpt Date May 2003) and have no backup H1B?





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  • logiclife
    08-27 12:09 PM
    And they say why Albert Pinto "Plassey" is an angry man?

    My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
    Any body in the same boat? What shall I do?


    A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.

    Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.

    You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.

    You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.

    Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.



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  • harrydr
    04-16 01:43 PM
    Hi,
    After multiple requests to my employer, i finally was able to get a scanned copy of my I-140 approval notice. It's just the approval notice and not the original I-140.

    My questions is, is that enough to port my PD in case i want to change my job and switch the company??





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  • wikipedia_fan
    07-04 11:38 AM
    I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.

    Dear gurus - here is my issue and I need some real concrete help.

    I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
    I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
    In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
    As it is safe past 180 days, I used AC21 portability and moved.
    I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance



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  • americandesi
    08-27 01:41 PM
    The reason why most people end up with such situations is that the employers don’t file for H1 extensions on time. Though the law allows filing of H1 extensions upto 6 months before its expiry, most employers file for extensions only at the last moment. It’s advisable to go for premium processing in such cases, so as to get the approvals on time.





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  • Caliber
    04-01 02:05 PM
    Thanks a lot for your contribution Malibuguy.



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  • hetuweb
    10-23 09:38 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    congratulation on ur grand success of getting green card.





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  • ianlock
    09-13 02:14 AM
    your language stinks


    my language stinks...oh no.... i used a bad word.... god forbid!!!

    so how would you best describe them then???

    wake up and smell the real world pal...



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  • sertha1
    06-26 02:07 PM
    I came to US on h4 i applied for H1-B Visa.again I would like convert to H4 Visa.
    My H4-visa stamped until 09/30/2007
    My husband H1-B Visa stamped until 09/30/2007.
    My husband applied for his H1-B extension But we didnt receive approval notice.we have recipe copy.

    Is there any chances to reject my h4visa(boz only 2-3 months left for my husband h1-b expiration)





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  • pappu
    04-17 08:11 AM
    It seems we are busy calculating $1= 42 Rupees all the time. Maybe we should reduce the recuring payments to Rupees 20. That will help everyone.
    :)



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  • sertha1
    06-26 09:44 PM
    Hi desi3933,

    My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?

    We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?

    Could you please advice?

    Thanks

    Person can start working after applying for the SSN.
    http://www.immigration.com/faq/eadfaq.html#63

    >> People who switched from F2/H4 to H1 can consider their SSN application time as valid status.
    No, After change of status (to H1-B) approval, person has 30 days (from approval date) to start working.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com





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  • fcres
    03-19 03:54 PM
    Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.


    My employer has made me an account signatory in one of his other company(a sister company of my H1company), so i can take the money out for travel expenses. Is that going to create any problem? I have my regular pay check coming from my H1 company.



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  • rameshvaid
    03-15 10:04 PM
    Thank you La_guy and others....

    Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?

    God please help me , It's THE WORST thing ever I did and been trhu a painful experience

    Thank you guys........

    If not expunged, it will FOR SURE pop up immediately they punch your name in. You certainly can not lie there. You will be deported. If expunged, you still have chance BUT NOT to lie..If the form ask " If you have ever been arrested" say yes and as others suggested have all your documents ready from court but make sure you have all originals and notarized documents if required for all court orders pertaing to your case.

    Good Luck..

    RV





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  • alterego
    10-10 04:54 PM
    The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.

    So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.

    Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.



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  • dks
    05-11 12:24 PM
    Can anyone tell me which version of the bill are we talking about ? i mean there were several different bills the last time around and finally hagel-martinez version was selected??? which is it this time??





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  • ivslave
    09-11 06:17 PM
    I have been playing safe these many years..... I can't take anymore of Apartment living.... it was OK when kids were 2-3 years old... not anymore..... I guess... you need to be little aggressive.... ;)





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  • Macaca
    08-12 11:23 AM
    Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)

    What is an unripe case?

    even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
    cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)

    There will be severe consequences from rapid fluctuations in priority dates.

    If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.

    Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
    In addition, all future employment-based green card applicants effectively would be barred from applying for many years.


    (From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))





    deepikak
    06-03 01:21 PM
    http://www.opencongress.org/bill/110-h5882/show





    singhsa3
    12-12 10:22 AM
    I support this idea most.
    I agreee with the spirit of things - that multiple ways of expressing anguish, disgust, frustration is required.

    While we have to keep generating funds and doing the lobbying, the frustration of the members must be "used".

    Here is my suggestion (and this was mentioned by someone earlier also) - let's send the criss-crossed and blackened photocopies of our degrees, patents, publications etc. to the congress and other authorities as a symbol of how useless these are becoming as we wait for GCs. We can coordinate the event such that everyone's reaches at around the same time.

    Again, all I am saying is that we can do multiple things to gain attention and make our point, and these can happen simultaneously with the other activities ongoing at the State chapter level.



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