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  • akkakarla
    10-08 04:54 PM
    Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?

    So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.




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  • gccovet
    02-12 10:52 AM
    bump^^^^^^^




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  • JulyFiler
    10-08 06:43 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.


    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!


    Let me ask you a question.

    When you renew EAD what will be the start date. For example:
    Lets say current EAD Expires 12/31/2007.
    I apply for renewal in July say 07/01/2007.

    When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?

    Basically would the renewal date start from where the current one is expiring or from the dat it got approved?

    Thanks




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  • mantric
    12-16 05:22 AM
    here's my list. would love to hear others.

    1. listen to music.
    e.g. kishore songs.
    http://www.youtube.com/watch?v=FjjK_37OpNM
    sing !

    2. read a good book.
    e.g. Emerson essay on compensation.
    "For everything you have missed you have gained something else."
    http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
    i think it's a very powerful essay for life.

    3. go to the gym. workout. jog. lift weights. play a game.
    table tennis really helps.
    resolve to be your fittest.
    adversity must make us stronger, not weaker.

    4. travel internationally
    take a trip to some country you've never gone to before.
    observe people's olympic struggles.
    it's part of the human experience.

    5. learn a new skill
    something you've always wanted to do but did'nt get around to.
    public speaking, dancing, singing...your choice.
    take a class at a community college or a university.

    6. go to temple or church or mosque.
    make a deeper spiritual connection with God.
    let him lift some of your burden.
    i listened to Hari Om Sharan after many years and experienced a real sense of joy.

    7. spend time learning about US government.
    get to know more about how government works. why does house vote differently than the senate ?
    get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
    our friends on the other side of the fence have done us a favor by organizing this information
    http://grades.betterimmigration.com/index.php3
    just reverse the grades. consider approaching reps/senators with your situation.

    8. learn from IV efforts of previous years
    many skills were introduced which could have helped us. what can we learn from what failed ?
    e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
    Gandhigiri did work this year. it was a major success story we should celebrate and learn from.

    9. accept and enjoy the present.
    accept the present moment. breathe.
    enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
    experiencing these gifts of life is enough to keep one happy.

    10. write it out.
    record the feelings you are going through in writing.
    capture the details.
    what was your journey, your expectations, your highs and lows ?
    you may see your struggles in a different light 10 years from now.



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  • fetch_gc
    10-17 10:04 PM
    fetch_gc,
    My packet delivered on July 16 signed by R Pitcher 9a.m. at NSC.
    I am hoping yours and Vivek.. package was also in the same bundle.

    Just curious, what is a front log ??

    Hi GCSPACE,

    Just wanted to let u know that when I called NSC IO today, she was kind enough to give my 485 Recpt # and asked me to wait a couple of weeks to get them in mail. She told me they(both my wife and mine) were just entered into the system.

    Also I asked her abt my wife's pkg, she said it also got cashed, but my wife has to call to get her Recpt#.

    frontlog refers to the folks who have filed between July2nd -July 16th.

    Thx...




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  • sledge_hammer
    02-12 02:55 PM
    So both you and the other guy "qasleuth" have decided not to present any real reasons or arguments to support why I should not advise people to be ethically and morally responsible, but instead go after me to prove that I am somehow also morally corrupt like you guys are.

    You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.

    That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.

    Since the two of you don't have answers to these questions of mine, I rest my case until that!

    You are missing the point --- you are running behind everyone with a hammer. Calm down and stop making comments on other's English! If someone writes "u" instead of "you" and that annoys you, that is just one of your many problems. No one can do anything about it.

    Once again -- Grow Up!



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  • ramus
    06-07 05:16 PM
    You will get receipt soon..

    Could you please contribute to fund.. Thanks...



    Hi

    My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.

    ss




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  • lotres
    11-21 03:29 PM
    Dear Mehul,

    You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
    AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
    Stay strong and positive!



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  • sgupta33
    11-07 11:30 AM
    Hello All,

    I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!

    For those of you who have used infopass, was it helpful in getting your FP scheduled?
    Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.

    Thanks.




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  • lost_in_migration
    05-01 04:35 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4

    PART 1

    Sec. 203. [8 U.S.C. 1153]

    (a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:

    (1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).

    (2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -

    (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or

    (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

    (3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

    (4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.

    [TO BE CONTD.]



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  • drona
    08-31 07:45 PM
    Have you looked at the status of the rally polls? Are you even aware that we are having a historic first rally for legal immigrants in Washington DC? Please people, get your heads out of the sand and participate in this rally to fix this broken system.




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  • simple1
    05-01 11:54 AM
    jchan,

    I believe, the family quota is not very farbehind. Defiantly not 4 years.

    Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.



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  • bang
    11-18 01:10 AM
    Done !




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  • factoryman
    07-02 12:15 AM
    with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.

    In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.

    Apply.

    Hi guys,
    With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
    I wish all this was a little less complicated..:confused:



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  • kuhelica2000
    01-30 02:37 PM
    You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.


    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.




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  • akred
    05-23 03:03 AM
    Ran it through spell check and fixed typos and grammar.


    --------------------------
    Akred, I have copied your corrected version you just posted here into the first main post and removing message from this post to avoid confusion. Thanks for understanding. - logiclife.
    --------------------------



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  • tcsonly
    12-11 06:45 PM
    Mehul

    This was the most shocking thread I've read.

    Please read this...
    http://www.divyayoga.com/pranayamRevolution.htm

    I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.


    I'm passing you the email of the instructor who I know in Bangalore through a private message to you

    The English medicine system is not able to find cures for a lot of chronic diseases for various reasons such as commercialization of health care, and pharmaceuticals.

    A beginning to cure any chronic disease to take the toxic particles out of your body, and that can be done by drinking plenty of water.

    http://www.livingnaturallife.com/ideal_schedule.asp

    The above link has a lot of other recommendations and following them will certainly improve your condition within 2 to 3 months, and the doc's will surprise seeing that kind of change.

    -C.




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  • Caliber
    05-01 08:55 AM
    thanks akred for refering INA. I went through it now

    In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    IV Core. Can something be done to highlight this issue in your conversation with authorities ?

    This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.

    But this is a good point to note when our Lobbyists discuss with USCIS.




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  • man-woman-and-gc
    09-15 06:14 PM
    I 've sent pm.. please update the google doc.

    Thanks gcgonewild. The spreadsheet is updated now.

    Others who are wondering what's goin on..here's a recap:

    We are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.

    There is a current list of members who have pledged support on the link below.
    http://spreadsheets.google.com/ccc?k...8fcKLTQ&hl=en#

    If you would like to help in this effort, please send me a private message with the following info:
    1) Ur IV handle
    2) Ph#
    3) Email ID
    4) Amount you would like to pledge.

    Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.




    designflaw
    09-14 04:46 PM
    I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
    I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
    All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.

    The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?




    permfiling
    05-12 03:30 PM
    Now is the time to really take this to the next level and push for real changes to employment-based processing. Or you can simply accept the reality that you have to wait ten years longer than everyone else to get a green card
    http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html

    I agree to meet.

    member of North California
    contributions : $500



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