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senthil1
12-22 11:14 AM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
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gc_wow
02-28 01:33 PM
Commodity prices like crudeoil,steel,wood used in construction are at lowest since a decade.The commodity prices will not go back to 2006 levels not in near future,so already constructed houses have lost almost 70% value in them.Bail out or another help will not sort this issue.Only free market has to solve the issue.For housing to get to 2006 levels there should be huge housing boom in China,India where they have huge populations.People in India are poor so they cant afford a house even if they want one.China wont spend they are intersted in buying US treasuries.So the only option for the bank is to write off these houses.Govt help for home owners will be only a drop in the ocean.
fcres
07-24 04:48 PM
Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
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ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
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nomi
12-12 04:28 PM
Please tell me how can USCIS making all these changes without any Bill in Congress or Senate.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
msgrewal81
02-18 04:45 PM
Sorry guys, I misread somewhere.:D
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
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mirage
02-06 09:52 AM
I have a conference call set up for Sunday evening, for those who may be interested in putting some efforts, but are still not convinced enough, can join the conference, hear what I have to say, than you can decide if you want to go ahead or not...
PM me for conference details...
PM me for conference details...
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gcdreamer
03-02 12:01 AM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
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alex99
11-05 03:58 PM
Bump
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good idea
09-09 03:52 PM
You know it takes serious $$$ to get anything moving.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
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sapota
08-15 05:21 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
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danila
07-10 09:09 AM
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
Nowhere in that statement he says anything about the name check. It might be just the expired biometrics. And coming from some anonymous immigration officials how can you be sure that the information is absolutely credible or represents the facts and not their speculations? Were those applications really approved or they've just requested the visa numbers for them?
Nowhere in that statement he says anything about the name check. It might be just the expired biometrics. And coming from some anonymous immigration officials how can you be sure that the information is absolutely credible or represents the facts and not their speculations? Were those applications really approved or they've just requested the visa numbers for them?
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thomachan72
04-11 09:32 AM
Before taking up any agenda, check with IV core whether it is the right time.
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
I think Suhail raised a verry valid point. However, to recapture unused visa numbers might not just be an administrative fix. it would require a law being passed just for that and that then becomes a whole different issue.
We know visa numbers have been wasted but can we persuade and get a majority vote on a legislation that would recapture unused visa numbers?? That to me is a mighty big task in itself.... just like raising the country limits.
I am certainly not discouraing anybody....
On the other hand, is there any legal issue involved that could be fought in a court of law?? Since there were more applications pending than the allowed anual limit why were not sufficient numbers of visas issued? was it because there was a per country limit?? If that is true they can simply say unless the per country limit is removed they cannot issue more numbers to India/china.
Personally, I therefore feel more inclined to fight for these:-
1) Taking of the per country limits (toughest one)
2) Allowing change of status application irrespective of availability of visa numbers
3) Allowing for H1b stamping from within the US
4) premium processing of I-140
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
I think Suhail raised a verry valid point. However, to recapture unused visa numbers might not just be an administrative fix. it would require a law being passed just for that and that then becomes a whole different issue.
We know visa numbers have been wasted but can we persuade and get a majority vote on a legislation that would recapture unused visa numbers?? That to me is a mighty big task in itself.... just like raising the country limits.
I am certainly not discouraing anybody....
On the other hand, is there any legal issue involved that could be fought in a court of law?? Since there were more applications pending than the allowed anual limit why were not sufficient numbers of visas issued? was it because there was a per country limit?? If that is true they can simply say unless the per country limit is removed they cannot issue more numbers to India/china.
Personally, I therefore feel more inclined to fight for these:-
1) Taking of the per country limits (toughest one)
2) Allowing change of status application irrespective of availability of visa numbers
3) Allowing for H1b stamping from within the US
4) premium processing of I-140
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priti8888
02-16 03:13 PM
What is the % of chinese, Indians in USA ?
14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
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GC_ki_daud
10-16 09:55 AM
At the risk of sounding Naive.....Want to clarify...:confused:
Who and how do we get the letter notarized .
Does the letter need to have any of our personal case details i.e reciept number etc.
Who and how do we get the letter notarized .
Does the letter need to have any of our personal case details i.e reciept number etc.
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coolmanasip
03-07 10:43 AM
Yates Memo clearly says that ability to pay should not be a factor.....read below......
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
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coopheal
10-15 05:09 PM
I will send the letter tommorow.
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vandanaverdia
09-10 05:48 PM
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logiclife
12-21 10:28 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
sanjaymk
07-16 06:48 PM
I think we have crossed the stage of educating these guys, and I personally don't think these guys are in a mental state of responding to reason and rationality.
The best way to teach them a lesson and make them ineffective is to simply prove their points are clear blatant lies and put their credibility under question.
We should create a webfax through IV to senators and legislators that reveals their lies and hits them in their core, and let the senators know that believing in these type of immigration-KKK type of organizations will put their credibility among the general public in question and is very badly detrimental to their future.
Sanjay.
The best way to teach them a lesson and make them ineffective is to simply prove their points are clear blatant lies and put their credibility under question.
We should create a webfax through IV to senators and legislators that reveals their lies and hits them in their core, and let the senators know that believing in these type of immigration-KKK type of organizations will put their credibility among the general public in question and is very badly detrimental to their future.
Sanjay.
prioritydate
12-20 07:05 PM
I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.
What would you do if no one is calling for an interview? It is not like I didn't managed to get a job. Nobody called me for an interview. At least, the Desi consulting company that I have joined, didn't managed to arrange an interview.
What would you do if no one is calling for an interview? It is not like I didn't managed to get a job. Nobody called me for an interview. At least, the Desi consulting company that I have joined, didn't managed to arrange an interview.
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