Saturday, June 18, 2011

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  • snathan
    06-18 07:19 PM
    Can we have a letter / online fax campaign atleast...

    May be a letter from Rep Longfren etc.

    Yes...we are. I will let you know once we are ready.

    Thanks.





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  • coloniel60
    08-13 10:39 PM
    My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.

    No where in the I-485 standard operating procedure do they mention that second filing will be rejected. This is what they say:

    "Second filings refer to I-485 applications submitted to a service center with
    a new filing fee even though one may be pending at another INS office.
    Second filings will be handled under the normal process."

    Just mention in the cover letter that you are mailing again because you didn't get a receipt notice even after 60 days and that USCIS has issued an update that they have processed all application past your mailing date.





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  • snathan
    04-29 02:32 PM
    And who is India fighting with??
    Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
    Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
    296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....

    Please tell us what cool-aid you are drinking..





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  • chanduv23
    03-11 05:25 PM
    You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!

    Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.

    See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.

    People are still traveling everyday and getting stamping and no issues at POE.

    Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.

    Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.

    AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.



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  • illusions
    04-24 05:03 PM
    dang....sandy_77... is this for real ? hearing your story i don't even wanna take a chance. Contact IV i'm sure they can help you. This totally doesn't make sense. I wish you luck... sooon! Please keep us posted on what's going on.





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  • Jaime
    09-01 11:41 AM
    Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.

    Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!



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  • andr.in
    02-03 10:08 AM
    dammmit! Don't make it so hard on me!
    eilsoe's is funny. Kit's is kinda cool!
    guig0's is kinda clean n' cool!

    Ok guigo, be happy!





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  • abracadabra102
    03-11 05:24 PM
    it is called desi mentality. Unless the ass is set on fire - desi folks don't realize the importance of such things.

    +1

    lol



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  • smuggymba
    11-03 08:04 AM
    Sen Reid and Grassley win. I was hoping they would lose badly.





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  • kaisersose
    02-19 12:04 PM
    Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
    like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
    Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.

    In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
    Thanks

    I do not get it.

    As far as I know, a CP applicant can always switch over to AOS if already inside the US. It is harder for an AOS applicant to switch to CP.

    You will have to make a choice. Do you want the benefits of CP or AOS? The way things are presently, you cannot have both. So pick one.



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  • gc_on_demand
    06-12 02:49 PM
    Guys

    Please call members of congress , local lawmakers and CHC members. These bills should pass before summer or no hope till next year..

    Come on we can do it..





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  • pappu
    04-13 04:40 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    We are glad that it worked out.



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  • gapala
    03-03 12:40 PM
    Can you guys guess, why isn't there an update on this thread after the visit?
    Do you think we will ever see an update from OP?

    Hope, all have gone well with this guy and soon will see update on the visit. :)





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  • psaxena
    05-20 05:37 PM
    There should a seperate quota for immigrants from Jhumri Talliya

    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.



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  • Ramba
    09-27 03:05 PM
    It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.

    Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.

    At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.





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  • neverbefore
    07-14 03:13 PM
    When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, canceled by previous visas. I never asked them to withdraw my H1 application.

    According to my spouse, there were three treatments at the embassy:

    Passports retained for approvable/approved cases
    Passports returned for rejected cases
    Passports retained (no options provided to applicants) for audit cases


    In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?

    Or were you asked to wait with your passport till they cleared up your case at their end?

    We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.

    Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.

    Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.



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  • VSS2007
    08-26 12:02 PM
    My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?

    Thanks in advance.
    Ram





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  • Jaime
    05-25 10:47 PM
    People complain that Canada is cold and Canada has low wages and racism...excuse me one sec

    Canada is no colder than Chicago and low wages go to people with lower skills or no North American experience. If you have US experience and a good degree and speak English, then Canada can be heaven for you. If you just like a place because of the weather, then let's talk about Australia, which is almost as good as Canada, also has a immigration system based on points and has amazing beaches!

    A friend of mine from Mexico is making 10,000 (yes, ten thousand) US a month in TO.

    And on a scale of 1 to 10, Canadians score a 4 in racism where Americans score a 7 (my own estimate based on my countles visits and extended stay in both countries)





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  • spicy_guy
    11-07 01:16 PM
    Count me in...

    My tickets / travel (Nov 18th) is at the brink of cancellation.
    RD: 9/2. I raised SR to expedite. Not sure if they accept it.
    Contacted congressman and sent them documents.

    Need to contact Ombudsman.

    Any inputs guys?





    LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

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

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..





    gmatch
    12-13 03:56 PM
    It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.

    Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.

    I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.



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