Wednesday, June 22, 2011

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  • rakesh_one
    03-07 11:47 AM
    Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...

    New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....

    Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....

    As per charges from RK and Murthy...

    Rajiv Khanna - $3000 for primary +$1000 per dependent

    Murthy - $2000....

    I have done some exhaustive research on this AC21 crap and have decided to change the employment......

    You are wrong. New Employer has to support GC.

    Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.





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  • smisachu
    09-10 10:05 PM
    This is the reply I got from a student at my grad alma mater

    Dear XXYY

    This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.

    Regards

    ZZZZ

    Yup Guys. Ditto.. I was in Penn State last week for their Football game and met some of my class mates and current students..No hope there.

    All of them want to study and go back. After what happened to H1's this year none of them think they will even get a H1 if the wanted to stay.





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  • wonderlust
    09-19 10:00 PM
    I TOTOALLY AGREE. WE NEED TO HIGHLIGHT THAT WE ARE LEGAL. WE DON'T BASH ILLEGAL IMMIGRANTS, BUT WE CAN EMPHASIZE OUR OWN LEGALITY!!

    I like LIV.ORG. Live and let live!!

    Wonderlust




    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.





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  • sanatshah
    08-10 02:52 PM
    Count me in.



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  • kshitijnt
    03-10 05:22 PM
    Well PDs have to move forward. Else USCIS will have to approve EADs and APs for 2 years thus reducing their revenue. Cant see how USCIS will manage its budget given that they are funded by immigrants unless they want to move their personnel to ICE to deport people.

    But once most of the immigrants are deported, I wonder what will these guy do :-d





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  • dealsnet
    03-19 11:12 AM
    The conservative approch for the dependants is 1.2 to 1.5 times the labor approvals. Not all people have a dependants.
    Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.

    From the PERM statistics,
    ROW adjustment should be 55% from the total number of pending cases
    EB3 are 30%

    If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.


    Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.



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  • Becks
    03-12 09:29 PM
    I am going through the process of changing job. My new company says they are fond of EAD. But I am asking for H1 transfer. So they are saying if I want H1 transfer I can do so at my cost. Interesting!!!!

    I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".

    I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.





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  • ak27
    12-12 08:22 PM
    Hello varshadas ,
    I was traveling last week. Let us start communicating over email. I am enclosing my email id
    ajay1857@gmail.com.. Let us talk and start working on some stuff. I have few ideas..

    Ajay



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  • feedfront
    09-23 12:14 PM
    Hi All,

    Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

    My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


    If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.

    I would go for employer B, as my misery would be short. You are current and it's just few weeks (unless something goes wrong) + 6 months of misery working with current employer (max 9 months :cool: ) . You can work part time with C to cover up your H1B fees.





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  • uma001
    07-29 05:11 AM
    A sure invitation for defamation suit. Good luck.

    There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.



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  • Jimi_Hendrix
    12-13 11:38 AM
    We should be able to submit this question to the lawyer's conference call organized by IV and see what's their take is on this. I wonder what the procedure is to submit the question. I have never done that before.
    Great idea. Validation from the lawyers would give us validation to go after this idea.





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  • sugaur
    08-22 01:35 AM
    Do you even know what countries comprise the "Middle East"? Sounds like your knowldege of geography is as deep as that of the US immigration laws. A testament to canadian educations system.
    Majority of you canadians are descendents of cowards who sided with the brits during the American revolution. You come here breaking all immigration laws and have the audacity to suggest that you are better than us, who have been playing by the rules all along! Whatever our faults may be , we know and respect the laws of the country we hope to be citizens of one day.



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  • vin
    09-28 04:08 AM
    Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.

    Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??

    Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!





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  • gcpain
    06-25 11:07 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.



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  • rockstart
    07-12 11:32 AM
    Simple EB2 takes more priority over EB3 so EB2 ROW flow first to EB2 India & China and if there are more they will go to EB3

    Why didnt the EB2 ROW number trickle to ROW EB3 first?





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  • ursosweet
    07-16 10:24 PM
    i suggest rather than talking big words, lets do something.
    like someone on immigrationportal has drafted a letter to time warner stating the misrepresentation of facts by that rascal lou dobbs about h1b visa holders.
    IV core team, once this july fiasco is dealt with, lets draft a long letter and send it to these senators with a copy of our pay stubs showing them that we pay what americans pay.

    i had written letters to my senators and congressman and to NPR abt. the July 2007 fiasco. The more we stand by each other, the more difficult for anti-immigrants and racists to penetrate.

    PK



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  • desi485
    03-15 11:45 PM
    dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.

    The FUC@#NG job has to demand a Master's for EB2.

    It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!

    any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.

    And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??

    If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....

    And don't preach what you have no knowledge about, ok buddy?

    For the record, i have NEVER used any legal shortcut ever.

    If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.

    Your language shows that your not just frustrated fool but also a selfish idiot.

    For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.

    No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).





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  • EkAurAaya
    09-26 10:09 AM
    I sent an email too and asked the editor to contact info@immigrationvoice.org for more information on why the rally was conducted (to clear up backlog of already filed petitions for green cards and not h1b increase)





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  • mhathi
    03-17 11:42 AM
    There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
    Maybe the lawmakers should understand this plight...

    I am forced into EB3 despite having a US Masters due to the same situation, but I wonder what lawmakers can do about this. The best way will be for us to lobby for relief in all EB immigration categories; not just EB1 or EB2.

    Which is what is IVs stated goal anyways.





    Karthikthiru
    09-11 11:03 AM
    It is already approved by Immigration Sub-committe about 3-4 weeks back. It has to pass through judicial sub-committe


    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."





    shankar_thanu
    04-04 02:53 PM
    This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?



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