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Tuesday, June 21, 2011

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  • indio0617
    11-22 10:40 AM
    Ok. Here is a question I have.

    I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -

    Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?

    I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?

    Thanks.

    Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.

    It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.





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  • delhiguy
    07-09 04:20 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
    So you be ready toooo.

    I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.





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  • looivy
    01-24 03:34 PM
    IV members,

    We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.

    Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.

    The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.

    PS: Let us be civil. I second using non-accusatory language on this forum.





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  • unitednations
    12-22 02:34 PM
    this is our history...

    1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.

    2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.

    NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form

    current employer C : July 07 - current
    employer B : Jan 2006 - June 2007
    employer A : June 2003 - Dec 2005 (who filed for labor/i140)

    the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A

    She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....

    when I call back..she says we will handle any RFE's...

    quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..

    pls post your thoughts and comments..
    hope I dint confuse

    Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.

    I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.

    You might be able to appreciate this story:

    I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.

    He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:

    You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.

    Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.

    Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.



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  • slowwin
    06-16 01:06 PM
    what happened with this amdt. Did it fail or pass ?:confused:





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  • amitjoey
    07-05 01:44 PM
    Order Details - Jul 5, 2007 11:09 AM PDT
    Google Order #448537035986231 Print


    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100 $100.00

    Total: $100.00

    Thanks waiting4gc.



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  • dhesha
    08-11 04:28 PM
    2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......

    filers till 2006 wait for an year, your GC will be in your wallet by 2010.

    Filers till July 2007 wait till 2012 your GC's should be in your wallet.....

    So any idea if from 1st Oct 2009, the dates will from forward from 8 Jan 2005 or may go back or we dont really have any idea?





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  • perm2gc
    01-10 12:12 PM
    new forums and sites are here
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42

    any volunteers?
    volunteers to post in those above listed forums or to search forums ?



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  • GCard_Dream
    12-28 11:54 AM
    I had a situation last year when I was flying Thai airlines to Bangkok from Phoenix. Thai airlines allows 70 LB per luggage and 2 luggage per person. However, since there is no Thai flight from Phoenix to Bangkok, I had to fly United from Phoenix to Los Angeles. Here is the problem. Since I was flying international, I thought United would allow me to take 70 LB because that's what is allowed on Thai but they didn't let me do that. They said that it was a domestic flight from Phoenix to LA and would only allow 50 LB. They asked for another 1000 dollars to check in my luggage to my final destination, Bangkok. I, of course, didn't want to pay that kind of money so they checked my bag only up to LA and I had to pay about 150 bucks for the extra 20 LB weight. I then had to claim my luggage in LA and then re-check in with Thai and I didn't have to pay any extra money aside from all the hassle of check-out and check-in again.

    Is this normal procedure when you are flying international? What's the use of Thai allowing 70 LB when you can't do that with your connecting flight or is it just United trying to squeeze some of my hard earned money? What's the best way to avoid this kind of situation again aside from only taking 50 LB? Is there any clear guideline on connecting flights?





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  • memyselfandus
    09-20 11:07 AM
    I have the domain...ready to transfer: if IV core needs it...

    I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.



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  • 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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  • vkrishn
    07-16 11:32 AM
    Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D

    Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.

    My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.



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  • shivaz90
    07-13 01:01 PM
    Please come out of the caves - people.

    I did not want to be hard on people who have a different opinion - its the level of frustration when educated professionals like you and me are still debating about someone's intentions - when ultimately each of these help in our goal.

    Take our freedom struggle for example - Netaji fought the Brits in his won way, Gandhi fought the english in his own way , so did hundreds of other fighters - did we cast doubt on thier intentions ( actually yes - some people do cast doubt on each of the freedom fighters intentions!). It actually helped that the Brits faced enormous pressure from different sides and had to leave the country. May be its an extreme example - but in the case of Murthy's message - why are we to think that her intentions are really cheap publicity and even if it is - what is it going to buy her? Bharath Ratna or some more additional clients? I am sure she's not going to get the former - but the latter, she's well within her rights to publicize if it meant to get her few more clients.





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  • kopguy
    10-20 03:15 PM
    Obama is leading in polls over Maccain by almost ten points. Unless Obama makes some stupid mistake his lead will only increase. We got to come up with a strategy assuming Obama becomes president.



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  • sunnymit
    08-02 03:34 PM
    At times we forget who we really are - Immigrants. Of course when the going gets tough, we will be the first ones to get hit. Why is that even under question? Do we expect any country to first worry about immigrants and then worry about its own citizens? I don't think so... We don't have the same rights as citizens or even GC holders, rightfully so. There are times when we will be discriminated against in the most polished way possible. For e.g. the President while giving out the TARP money to the banks mentioned that any banks receiving the loan can't hire any foreign worker (I don't remember the exact verbiage but it was something on these lines). Did people on H1s or other temporary work permits not pay taxes that consituted a portion (however small) of the TARP money handed out to the banks and car companies? So what? Some people complain about paying SS tax while they are not even eligible to receive any benefits unless they get GCs/Citizenships etc. So what?Now, all of these points can be argued in multiple ways but the bottom line is that us immigrants do have a lot of boundaries that we need to work within. Some of them are just, others aren't. Honestly, we are lucky that the govt hasn't come out with a rule yet that will send all the H1-Bs and other temporary work permit workers packing till the economy is back on its feet again. Guess what, we will all be angry about it when it happens to us, but the moment this coutnry opens the doors again to immigrants, we will be standing in the line right outisde the US embassy for new stamp.

    Why am I saying all this - just to put things in perspective. As someone rightfully said earlier, filing for your GC process is an incentive by the company just like giving out a bonus - even that has a more certainity than GC. The company can anytime decide not to fulfill its obligations towards you if its not in its best interest.

    Please believe me when I say that I am not writing this to lecture anyone about the realities of life. I have gone through the thick and thin of the immigration process just like all of you. I have spent countless hours thinking "agar aisa hoga, to phir kaisa hoga" (sounds filmy, I know) but its true. IMO, the sooner we understand the realities, the less painful it becomes for us...





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  • pitha
    01-16 07:10 PM
    I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.

    So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.

    Maybe we are better off without having people with such defeatist attitudes as our members. If you cannot even help yourself how can others help you. Even I had friends with such attitude, I told them about IV and when they started saying IV cannot help blah blah blah nonsense. I just left it at that. If anybody who is interested goes through IV forums for 10 to 15 minutes they will understand what IV has achieved in the last 1 year with meager resources and funds. Lets leave alone such bad apples. On the other hand, I also had friends who went through IV when I mentioned it to them and have already contributed. If we keep trying and spread the word around we will eventualy find the people who have the passion to do something for themselves and join IV.



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  • starscream
    06-13 03:48 PM
    MSNBC has opned up a message board for Employment Based (EB) Skilled Immigration Applicants
    http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
    Go to the topic Employment Based (EB) Skilled Immigration Applicants

    PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted





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  • lazycis
    12-20 08:54 PM
    I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.

    That's just another proof. A person who accumulated more than 180 days of unlawful presence is inadmissible into the US (at least for 3 years).





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  • desi chala usa
    09-18 02:32 PM
    Reading the posts about the economy has just shown me how ignorant many of the IV members are.

    The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.

    While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.

    No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.

    There is no need to panic, pack and run.

    Let the economy go through it's colon flush.

    Please do not forget during 2001 - 2002 how many H1b friends packed and run away......Please think in terms of H1b people.....245(i) is saving you only up to 180 days.....if the person is crossing 180 days means he is all set for next 10 years to come back to U.S.A.





    abhijitp
    03-05 02:34 PM
    Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!

    On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.

    8 years later, the history is repeating itself.
    500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.

    Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!

    Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?





    mordaut
    02-14 07:02 PM
    o wut fun! ive only made one other 3d model...i discovered blender about a week ago...so yea...i take the usually take the subway twice a day... so i know it pretty well...but its suprisingly hard to get an image of it in my head... i dont really *look* at the subway in that way when im riding it...i just...ride it...lol



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