Friday, July 1, 2011

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  • HV000
    09-30 09:44 AM
    I have a couple of questions. My employer has an in-house attorney who is responsible for green card processing.

    1. If i change employers WITHOUT notifying USCIS, who gets the RFE (if any) in the future? My ex-employer or beneficiary (I got my I-485 receipt directly from USCIS)

    2. If i change employers WITHOUT notifying USCIS after 180 days, what happens if my ex-employer tries to CANCEL my I-140?
    Can USCIS cancel I-140 without receiving any AC-21 notification from me?




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  • Lasantha
    02-05 12:01 PM
    OK, I found this google groups post I did soon after completing my landing. This describes in detail my landing experience. Hope this helps.

    http://groups.google.com/group/misc.immigration.canada/browse_thread/thread/a6c189aee5c03666/c8d7e48833f61b6a?hl=en&lnk=gst&q=lasanthar#c8d7e48833f61b6a




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  • desi3933
    07-10 03:32 PM
    Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right?

    Now you have come down from legal standpoint to employer standpoint! :D

    The answer to your question is No.
    Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.

    Again, you are mixing H-1B job with GC job.

    Let me ask that question again (because you got confused last time)
    Look at the I-140 application for GC (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    You still believe that no job is permanent. If so, all I can say, more power to you.

    Have a good day!


    _______________________
    US citizen of Indian origin




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  • apt29
    01-30 01:14 PM
    Might have something to do with completely incorrect coment you left regarding 1 yr validity of h1 and all.. it's so not true that probably angered a few members with low BS tolerence

    I guess this statement is true.

    for example: If there is H1 to H4 conversion on 11/01/07. Last used date of H1 is 11/01/07 and H1 will expire on 11/01/08 since it is unused for an year.

    Another example: If H1 is approved on 10/01/07 and not used till 11/01/08. H1 will expire on 11/01/08 since it is unused for an year.



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  • puddonhead
    05-01 10:59 AM
    iff = if and only if

    The I485s for both primary and dependent could be filed either if the family or the employment category is current.

    i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.

    In this scenario - if the family based category is retrogressed:
    Option 1: Spouce can wait the retrogression out in AP/EAD.
    Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.

    Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.




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  • capriol
    09-12 07:19 PM
    Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!

    No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.

    Do you have any other updates?
    Thanks.



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  • chanduv23
    06-28 10:26 PM
    A note to my fellow IV members - I am not after the $42/Hr job. Good luck in finding a US citizen to do this job. I was wrong about EEO, it is actually IRCA which prohibits discrimination in recruitment and hiring.

    Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)

    But the point remains - visa status based discrimination is illegal not matter which law is being violated, and must be highlighted. We have to correct the misinformation spread by anti-immigrant groups that most jobs are "reserved for H1Bs", while the reality is different. Most jobs are "reserved" for American workers (although such reservation is illegal under IRCA). We have to provide the proof that the myth of "thousands of jobs reserved for foreign workers" in nothing but a myth. My posting is a small step in that direction.

    Here is another one in the continuing series of exposing the highly prevalent illegal hiring practice. I request everyone to start posting similar job-ads you get from recruiters. Once we get a hundred or more ads here, we can start E-mailing the links to the media.

    -------------------------------------------------------------------------------------------------------

    fromPatricia (Vyshnavi Infotech) <patricia@vysinc.com>
    to"Patricia (Vyshnavi Infotech)" <patricia@vysinc.com>

    dateMon, Jun 1, 2009 at 12:56 PM
    subjectJobs for Web logic consultants


    HI,

    This is Patricia Evan. I have the below position for one of my clients. If you are interested in this position please send me your updated resume.

    Web logic Java Consultant

    Duration is 6 months.
    Location is Connecticut

    Must be US Citizen

    Looking for a Weblogic Java Consultant with strong pharmaceutical experience
    this person will be building webpage�s and build controls to access database Page flow development for a portal that supports my clients clinical trial tracking process. This internal/external portal
    allows documents to be accessed and uploaded, etc.

    The successful candidates should have the skills mentioned below and also know how to debug problems, how to configure into weblog console, and query a database to join tables. Client will teach the business processes.

    Must Haves:
    Deep development skills
    Weblogic Admin tool 10.2
    Apache Beehive Page Flow
    Database controls
    Java/JSP
    Strong SQL
    Oracle 10G (preferred)
    AJAX
    Java Script

    Candidate must have all of above�.strong Apache Beehive Page Flow is key to position.



    Regards,
    Patricia Evan
    IT Recruiter
    Vyshnavi Infotech INC
    Herndon, VA 20170
    PH : 703-793-1868 Ext 211
    Fax: 703-547-0135
    Email:patricia@vysinc.com

    vivek - I have come across this company. It is a desi consulting company. The "Reqruiter" name seems to be a "nickname". Looks like they are doing these things so that they do not fall under the radar and hence such blatent statements "Only US Citizen".

    If we all remember there was another post on dice which said "No Indians" and was discussed a lot on IV and finally the reqruiter got fired.

    Looks like desi companies are trying to seek a new identity so that they do not fall under the radar




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  • desi3933
    07-10 12:54 PM
    @desi3933:

    That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.

    Where did you read that requirement? Assuming, again?

    A self-employed business is always real.

    A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

    Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf


    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......

    what does this mean?
    confirm that the new employer and the job offer are legitimate

    legitimate means bonafide. Isn't it?
    For both, new employer and new job offer.



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  • bsnf
    11-19 05:02 PM
    Send 1 for me and 1 for my wife.




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  • n2b
    08-13 02:04 PM
    which center ..am guessing NSC but guys please post the center too

    It is NSC



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  • desi3933
    07-08 01:20 PM
    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.

    Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.

    And, employers know this very well and try to use to their advantage.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.

    >> have 2 years of experience or so, think that they have certain skills and employers would not live without them
    You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.

    Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.

    Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.

    You are right. These are the rules set by current EB immigration system.

    With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.

    How many times we see any green card holder or citizen supporting fellow immigrants?

    H1 does not care for F1.
    EAD does not care for H1/F1.
    GC holder does not care for EAD/H1/F1
    Citizens wonder why immigration level is so high.

    Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.

    .




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  • GC1027
    11-21 11:18 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Hi Mehul,

    I cannot tell you how sorry I am for your current situation. Please don't give up and consult other physicians. I personally know couple of people who were scared by the doctors about having a serious health condition but they totally recovered and are fine now. The doctors here just alert you about the worst that could happen to save themselves from being sued. So please don't lose hope and try other methods.

    I am sure USCIS will consider your situation and your wife will get her GC without any problems. You just have to go in the right route. Contacting an attorney would be the way to go.

    Our best wishes are with you!



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  • delta313
    02-16 04:42 PM
    Transaction id: 0875-4353-9232-5569




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  • delhiguy
    07-07 08:05 AM
    Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
    Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007


    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..
    I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,



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  • diptam
    06-22 01:39 PM
    I have a electronic mail from them with the 140 receipt Notice (as PDF)
    from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....

    I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.

    But don't you need copy of 140 also?
    Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.




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  • rameshk75
    10-03 08:17 AM
    My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?


    One of my friend was in your situation. He got the I797 stating that 485 was approved. He took infopass and got the passport stamped. Hope this helps.



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  • jsb
    09-10 11:00 AM
    There is a mistake in the vb for Oct 2009 for Eb3 . Please look at the mumbai consulate it shows Eb3 -I cutoff date is 22 feb 2002.

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html). Can anyone verify the problem .

    Mistake seems to be at the Mumbai site. They seem to have copied E3-I dates from the China column of the original VB. Perhaps they will correct it quickly. On the optimistic note, we can hope that error is in the published VB, not at Mumbai site.




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  • pappu
    02-14 04:32 PM
    Thank you everyone that contributed till now.




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  • kshitijnt
    05-09 09:58 PM
    Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.

    The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.

    As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.

    Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.

    Thanks and regards!

    Saptaswara

    Everyone need not send the same letter. Let everyone send the same message though. That Indian community is being targeted or that Indians are facing unjust immigration policies as compared to citizens of other countries, which is the truth anyway. I see your point, time is of essence. Send as many letters as soon as possible.




    ragz4u
    04-30 10:34 AM
    We have received reports that Sen. Cornyn will be introducing a bill called the SKIL (Securing Knowledge Innovation and Leadership) bill on May 1st 2006. As can be guessed from the title, this bill has lots of pro-legal immigration clauses. We will make the details that we have received public once we get the permission to do so.

    Though Immigration Voice is currently focussing on the Comprehensive Immigration Bill as that is hot right now, we are also closely following the PACE and SKIL bills to try and ensure that high-skilled legal immigrants can make the best of it.




    indianindian2006
    08-25 04:50 PM
    I got a response from Tier2 officer that there are no Visa numbers available. She was pretty pissed that there hell a lot of indians calling and was close to making it racial. She read from a report that DOS sent to USCIS (page 31 is what she quoted) where she said there are no Visa numbers available. I am assuming its for this month.

    Did you call TSC or NSC.



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