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  • sanju
    02-13 09:08 PM
    This is ridiculous; no one asked you to come to this country.

    Nor are you entitled to anything besides what they chose to bestow.

    Remember that.

    No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.

    Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of "ALL AMERICAN" FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.


    .





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  • lazycis
    12-21 10:03 PM
    lazycis,

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.

    Thanks.

    8 USC 1182(a)(9)(B) Aliens unlawfully present
    (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    Unlawful presence is different from out of status.
    The period for unlawful presence begins on:
    1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
    2) status violation, determined by an immigration judge, or
    3) status violation, determined by the USCIS during the course of adjudicating a benefit application.

    245(k) allows up to 180 days of "out of status".

    If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
    So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.

    However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".

    http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf





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  • BharatPremi
    03-17 01:03 PM
    Does anyone know how many applicants convereted from EB3 to EB2 ?
    I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.

    Porting from Eb3 to Eb2, at first glance looks like advantageous to remained lot of EB3 as it seems to be shortened the queue but one factor spilling over from ROW to EB2 first w.r.t EB3 kills that "virtual" advantage proprtionately (if not 100%).





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  • pitha
    06-30 09:30 PM
    my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)



    My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
    If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
    Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.



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  • sodh
    07-24 01:35 AM
    Pappu, Others:

    My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.

    What are my options now? If you have any insight please let me know.

    I was wondering about doing one or both of the following two things:
    1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
    2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.

    Thanks!
    Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.





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  • ashwin_27
    06-13 12:10 AM
    If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.



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  • StarSun
    02-10 11:35 AM
    Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?

    Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?

    Need a volunteer to coordinate the air miles. Please contact me.





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  • Canadian_Dream
    04-04 03:51 PM
    If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:

    1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.

    2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.

    If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.


    Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It�s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.

    Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.



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  • bodhi_tree
    06-06 01:59 PM
    We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

    No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

    Here are our dates for those interested in tracking.

    PD: Jan 29, 2004, EB2
    Ohio labor approved - Oct 2004
    45 day letter - Jan 2005
    Labor approved from Dalla BEC - June 2006
    I I140 regular, non concurrent approved - Sept 2006
    I 485 sent to Nebraska - July 13 2007
    EAD approved - Oct 2007
    I485 approval email - June,06, 2008





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  • ita
    01-30 10:03 PM
    How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?

    Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?

    Will appreciate your response.

    Thank you.




    Example[/U]

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • imh1b
    11-12 04:26 PM
    If EB2 I becomes current , who benefits its EB3 I as the spillover will go EB3 India as India is the most retrogressed country. Our effort does not impact ROW EB2 as they are current any way. EB2 China will also benefit as spill over will help them. So supporting quarterly spillover is in EB3 India's. Make EB2 C and all over flow goes to EB3 I. Finally by opposing this it will not help EB3 I any way unless it makes you happy to see everybody suffer as long as you are suffering.

    WRONG.
    YOU are an EB2 India guy for sure and your PD is close.

    If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.

    EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.





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  • vandanaverdia
    09-10 03:45 PM
    You have to carry a stack load of papers, documents, etc every time you go for your visa stamping & back....



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  • sri1309
    03-09 01:10 PM
    Anyone for May 09 predictions???

    Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.

    I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
    We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..

    Anyone.. what will you be doing different today to fix our issues????





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  • EB3_SEP04
    05-26 06:33 PM
    I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.

    Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.

    Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.

    I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.



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  • Tarang
    08-29 06:55 PM
    I agree with this. This is not limited to freshers only. I have 10 yrs of IT exp; Masters in Information Systems from top school; last 1.5 yrs with Big 4 in an Advisory role. When I got a lay off; I had to join a desi firm as I did not have time to search and transfer H1B. Now, I am compelled to change my genuine experience (working with fortune 100 clients) with fake projects just to get calls. Seems every desi recruiter wants last 5 years of US experience relevant to the position which is ludicrous; but anyway, that's part of life.



    [QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?



    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend





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  • sri1309
    03-09 10:17 PM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    You have a good point, but did you write this to atleast one lawmaker. Everybody here has very good ideas, but there seems to be something missing. We need to act. This is the time to write again.



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  • nagio
    02-19 12:50 PM
    Hi,

    Can the donating air miles be international like korean, air india etc?

    Thanks,
    Naga





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  • El_Guapo
    11-13 10:25 AM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.





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  • BlueSunD
    02-16 05:56 PM
    count me in too! :) Just started today, but i'll see if I post some wip screens.





    richi121175
    01-17 02:19 PM
    I tried to send you something in a private msg but your quota is fullShameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
    :mad: :mad:





    vin13
    02-17 11:10 AM
    I am volunteering to coordinate the collection and redemption of airline miles.

    Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.

    if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)

    Please do not forget to put your phone number when you send me the PM.

    Thanks



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