Saturday, June 18, 2011

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  • amitjoey
    05-14 11:57 AM
    Contributed $25 today 05/10/2007.

    Receipt ID: 0700-7934-7609-1221

    Thanks a lot, YES. Apart from the media initiative, we need the funds to pay our lobbyist. We can make this happen. Today and tommorrow are big days. Please contribute especially if you have never contributed.





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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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  • EkAurAaya
    05-14 08:06 PM
    What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.

    There are a few options:

    1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.

    2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.

    Pros & Cons:

    Consular:
    You get your GC as against EADs endless loop.
    You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.

    AOS:
    You and your spouse both get EAD. NO need to travel to foreign country.
    You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
    More time consuming and longer duration.

    The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.


    Thanks for your response.

    I've a pending i-140 and I had opted for CP at that time (the lawyer adviced this as its easier to switch from CP to AOS)

    I can upgrade i-140 premium to get an approval asap and then proceed with CP, but I'm not sure how long it will take for the CP process (any ideas?), I'm concerned the PD will retro again and I'll be stuck again with nothing in hand.

    From your response CP looks like a better option but its too risky in my case correct?





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  • forever
    06-12 08:31 PM
    I agree with the analysis given by willwin. In fact, I was thinking on similar lines. If no visas are wasted and total number of pending employment based visas is around 200,000 as given by Mr. Op.. himself, I do not see any reason why dates do not move. My estimation is both EB-2 and EB-3 dates for China and India will hover in the range of 2005 ~ 2006. This estimation is based on number of applications filed during Pre-PERM and Post-PERM era with two recessions taking the toll on number of applications received by USCIS.
    Only assumptions in the above analysis are
    1. Figures given by Mr. Op.. is somewhat correct. (Seems to be correct based on monthly statistics released by USCIS since 2008)
    2. USCIS does not intend to waste visas.(This also can be safely assumed as they are following the policy of not wasting for the last two years)
    3.No country limit. (This seems correct if point 2 is correct)

    Now guys, do not disturb my dream.:)



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  • Maverick_2008
    05-02 08:13 PM
    For upper middle class, OBC shouldn't matter much since you can afford to enroll your children in private schools and have them work in private sector once they reach an appropriate age. If they are US citizens, they can come back to the US anytime for education and/or employment.

    Talking of reservation and discrimination, what legal immigrants are facing in this country is not much different in my opinion. You can't even get your driver's license easily, let alone permanent residence. Most of us are here by choice even though we face all these issues in our daily life.

    Maverick_2008




    Yes my note was for humor.
    But to answer questions :

    out of all useful land , I guess africa has lots of uninhabited land!, so someone would not mind selling! Its not to offend anyone. I have great respect for africans, being aware that we come from them!
    Me being an indian upper class guy, and this OBC thing going on back home, I dont think I belong to that country that much, where me/my children will be discreminated against!!!
    So dont you guys now think we need our OWN country???





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  • invincibleasian
    03-27 02:01 PM
    My request is 82K something in a queue of 89k. Applied in the 1st week of Jan2007. Que status as of MAR 2nd 2007!!



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  • ksrk
    12-31 04:56 PM
    Please ignore if it has already been posted. This article looks interesting considering the current economic and immigration situation

    http://online.wsj.com/article/SB123051100709638419.html

    This is absolutely ridiculous! What would Canada want to do with those northern states anyways?

    But seriously - this is just random ramblings being lapped up as sensational news in the Russian state media (even if that were true)!





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  • texanguy
    08-10 11:03 PM
    This cant be true...how come you know the dates when it is not even published on the visa bulletin... Lets wait and watch...



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  • Openarms
    05-13 04:34 PM
    siddar,
    well said, you got couple of great points.

    ashkam,
    when a person applied his GC process 2002 EB3 with 3 years experience per say, another person 2004 EB2 with 5 years experience. How come EB2 guys is smarter then EB2. By the way lot of people in those days who applied under EB3 are well qualified and well educated. In my experience most of them are doing jobs that will easily comes under EB2.





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  • gunsnkars
    07-19 01:45 PM
    I was under the impression based on some posts I read on other websites that even if your I-485 is approved before you applied for I-485 for your spouse, you can still add her if you were married before your I-485 approval date. Can someone confirm this ?? I feel the best way to handle the situation would be to apply for the I-485 of spouse on the date the PD becomes current. Keep all documents and applications ready and file on the first date. Since visa bulletin comes out 15 days in advance its good lead time to make preparations even if the movement of date is sudden.

    you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!!



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  • singhsa3
    08-13 09:16 PM
    Macca and I , we breifly spoke on phone, he will be posting the revise fact sheet soon





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  • atlfp
    04-26 08:35 AM
    Nicely done



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  • ChainReaction
    01-16 12:25 PM
    For those people who still hav'nt contributed please don't wait till the last few days we need the funds now so that we can hire a prof lobbist ... by the way I have just made my second donation via paypal, it is working fine.





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  • belmontboy
    03-15 09:50 PM
    He need not to declrae at the POE unless he is asked for..

    RV

    So what do you suggest he write in the immigration forum at POE for "have you ever been convicted of any crime?"



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  • casinoroyale
    07-01 10:38 AM
    In AP e-file application, for the country there are choices like

    "INDIA-GOA"
    "INDIA-SIKKI"
    "INDIA-ANDAM"
    "INDIA-INDIA"

    Anybody can tell me why these sub-categories have been created?





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  • Ramba
    09-05 02:02 PM
    Most people has very misconception about "parole". It is not a free/flexible travel document like visa. As a AOS applicant, one should not leave US till it is approved/denied. One MUST present in US during AOS. The parole is only for any emergency purpose; which is similar to prisioners. As USCIS is flexible, in approving the AP, the people don't realize the travel limitation of AP. They are travelling on AP for vatation/fun etc.. As per law, the AP is not intended for it. The CBP officer was right in asking the legitimacy of the travel. The AP document clearly says it is based on "humanitation" admission to retrun after an emergency travel.



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  • gc101
    08-02 05:08 PM
    Best answer so far. One more thing, you can hold back some silly thing making sure you get RFE

    Didn't do that(For my own personal reasons). Hoping for having enough time (1 day or two max) before my PD gets current and I send in my future wife's AOS on the first day they become current. If it gets approved, I am screwed and she has to have her own GC processing.



    Also, send your application just before Aug 17th (say 15th).

    I couldn't wait, because I have to attend my sister's marriage on Sep5th, so, now, I am waiting for the receipt. I am in such a bind, looks like I aged two years in 15 days :) .

    gc101.





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  • Winner
    03-26 02:31 PM
    Lets find real information. Don't start guessing game (unless you just love the mess you are in). Please contribute on FOIA thread.

    Something I notice here and would like to get your opinions..

    People who donate their time and money to IV, understand and appreciate the efforts by IV volunteers to fix the broken immigration system do not usually get into this guessing game. Am I wrong?





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  • nixstor
    04-17 03:42 PM
    C mon guys.. Cant you see that this h1techslave dude is just chewing your energy out and digressing the whole agenda here? Looks like one of those guys who is disgruntled in the past and now acting smart. Why are you responding?

    In 2 separate responses I have volunteered to talk with him and requested to send his info. No repsonse yet but he has all the time in the world to post on the forums, compare India/US/Canada.. **CK Some other members rallied behind him saying that they can just read fine with out bold/red.

    Mods,

    We have discussed enough about IN/US RS/USD what ever under the roof.
    Enough. Please close this thread.





    belmontboy
    03-15 10:34 PM
    I am just wondering why in the world has someone done this stupid things... and suffer like this.

    sometimes life gives you lemons.

    sometimes people do miss billing certain items (Ex: could have forgot to put it on the counter, etc) and get caught.

    Shoplifting is the number one crime in stores and stores suffer billions of dollars losses onthese. Stores do prosecute these without any leniency. They cannot differentiate between an misunderstanding/accident with an intentional one.

    This is not like india, where the owner of store is most interested in making you pay for that item or get it back if you are caught.





    unitednations
    03-15 11:52 PM
    sure prove me wrong.

    If you are telling me that VO or IO has access to all criminal records from all 51 states, i can't stop laughing here.

    If they have access, why do they even have a section for declaring voluntarily?? to test honesty of the applicant??

    Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.

    Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.

    There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.

    I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.

    In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.

    Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.

    I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).

    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.

    Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.

    This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.

    Department of Homeland Security has access to a lot of information that they didn't have before.



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