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  • akv123
    07-14 07:22 AM
    Should IV be worried for credit on 'Gandhigiri'? Stop fighting with other groups -- stay focused on the main issue - July VB reversal.





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  • shukkoor007
    10-12 07:06 AM
    I am new in this forum. I never saw like this forum before. First-up all I want to congrats all members in this forum, who providing positive and very fast responds.





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  • learning01
    06-13 03:59 PM
    NOTE: Go there, log in with your hotmail or msn account. Go to bottom and Edit Settings. You can give a display name. I choose 'newMFpilgrim'. Your email is not displayed. Go there now and participate.
    This is what I posted over there are at:
    MSNBC message boards>Code of Conduct>Gut Check America>Employment Based (EB) Skilled Immigration Applicants board: (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286)

    Since the beginning of this century, USA has been a leader in innovation, technology and products & services. In contrast, there is total inefficiency and red tape in government departments dealing with immigration (is it because '?them').
    The immigration issues revolve around the DOL, UCCIS and DOS etc. They should grow and mature, showing efficiency and productivity. For that a new mindset is needed fortified with human resources and budget appropriations. My labor clearance was stuck in SWAs and backlog centers for 3 years. I talked to the SWA officer in charge in my state of CO. He said, this is federal work and there is no money appropriated.
    Here is the showcase of how the USCIS works on legal ALIENS(from reliable Ombudsman report):
    FBI Namecheck status (pg. 37 of the report)
    As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months.
    It is easy to see how border fence, employment verification, Border Control, DOL, FBI, USCIS will TOTALLY fail when you bring in 12 to 20 mil. I see no hope, eihter for anybody. No wonder, many are shouting at the top of their voices voicing strong objection.
    USCIS Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf)





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  • dilipb
    06-23 04:55 PM
    I DID NOT pay the huge fee.

    I think they had given a waiver till August 21 or so for the July fiasco filers.

    Do you think I still not have to pay or should I pay the fee ?

    Oh ya I remember that.
    I recommend you talk to some lawyer or call USCIS.
    USCIS is helpful.
    My take on it is this : you have to PAY $340.
    A lawyer will always say "DO AS PER INSTRUCTIONS".
    But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
    I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
    Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.



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  • mallu
    10-23 09:14 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    who didn't fall to namecheck black hole.





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  • inskrish
    08-22 07:43 PM
    I have this doubt also.

    If the priority dates are current in Visa Bullettin, the applications will be processed based on RD. If the dates are not current or unavailable, the applications will be processed based on PD. This is my understanding of the process.

    Regards,
    IK



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  • a.j.2048
    10-02 05:31 PM
    Did you try the same.

    No. This was the recommended workaround by a parents group that intended to file a PIL at one point. I will be able to try this next year though. I will send out the letter above too.





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  • n_2006
    11-15 12:10 PM
    Time of signing the contract also is very important. If you signed the contract after H1 transfer or joining the assignment will not have much impact. Because you signed that contract under pressure or without any option. Also any unpaid time (bench) is plus point for you. You can extract that money from them easily after leaving the company. Recently there was such case in NJ.

    I think before joining any of these companies, as an employee we should ask these questions with out any hesitation. Before joining, these employers will talk very friendly. That point we can not ask below questions because employer looks like a friend.

    1) Conditions leaving the company.
    We should also agree for reasonable conditions. I think 6 months is reasonable. By that time they make their expenses.


    We should make it very clear that we are not going to stay with the company as bonded labor.

    2) GC Process. Attorney. Documentation.

    We should be very clear on what happens if you leave the company before getting GC.
    Will you get the paper work (Labor, I 140 copies) as soon they are approved?
    Transparency. Control over the process
    Can you have your own lawyer?

    3) Joining the client where you are working?
    most of us finding projects/clients on our own. There is nothing employer is doing to find these clients. What are the terms. In these difficult situations clients may not be ready to pay head hunting fee to middle company and your employer.

    4) Payment.
    When and how will we get paid?


    Even I did not ask these questions before joining. But moving forward I would like to ask these questions.




    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx



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  • unknown123
    03-24 06:11 PM
    Thanks unitednations,

    The information was very helpful for me and others as well.

    I think my education evaluation and MCA degree doesn't specifically state that my Master's degree was a three year degree course.

    I now have a letter from University stating that it was a three year degree course and we are going for a fresh education evaluation.

    I think the lessons learned here is to make sure that the degree and/or EE should clearly state the duration of course.

    Any other suggestion or past success is highly appreciated.

    Also, my RFE respond date is April 22, 2011 and not March 22nd as mentioned in my orginal post.





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  • sdrblr
    08-25 05:54 PM
    I got a red for this

    I mean when i say good news - someone needs a therapy:p

    Would like to clear two things:
    1) I did not give you red :)
    2) Mine is TSC all the way from 140, no RFE, same company for 6 years + and still no result :)



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  • garybanz
    12-06 09:54 AM
    I have not tried it myself, but a couple members did and it worked. I also know about folks receiving EADs after filing lawsuits. There is still rule of the law in this country. Try follow my instructions and see the results.

    I was at USCIS this morning, followed every thing you suggested. My IO officer was actually a desi guy.

    1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"

    2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.





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  • perm2gc
    10-30 10:47 PM
    [QUOTE=gc_in_30_yrs]Can we get the copy of I-140 Approval Notice under the Freedom Of Information Act (FOIA)? If so, please advise the way to do it.
    QUOTE]

    Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
    It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).

    i will post more information once it is available.
    Even to a get Copy of I-140...retrogress.....OMG help _/\_ USCIS_/\_



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  • getgreened2010
    09-27 10:14 AM
    Hi I am applying advance parole for the first time, I am a july 2007 485 filer but never really cared to apply AP. Now I am planning to go to India in december what are my chances of getting my AP approved before that. Below are my case details:

    Service Center - Texas
    Method of filing - efile
    Filing date - 08/30/2010
    Received date - 08/30/2010
    Documents Sent - 09/3/2010
    Documents Received- 09/5/2010
    LUD - 09/13/2010
    RFE if any - None
    Approved / denial - None





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  • NJ31may02
    01-12 12:48 PM
    I contributed $100 thru' paypal just now.

    Thanks all for your support.



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  • Berkeleybee
    04-26 11:45 AM
    BTW, I want to use this opportunity to thank IV members virtual55, jkays94, and cpolisetti for setting this whole ball in motion.

    It was their post on the forum (see http://immigrationvoice.org/forum/showthread.php?t=453) pointing out Mitra Kalita's Q&A on the Wash Post site that set this whole ball rolling.

    It is just one example of how every member can do his or her part to help us.

    Keep the spirit up!

    best,
    Berkeleybee





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  • vina92
    02-23 03:31 PM
    What our wonderful Rehman said were not simple words but very powerful. All our lives
    we have the choice between love and hate. He chose love over hate and he reached the pinnacle of his career. It's a great honor to be recognized by the best of the artists in the world, as the greatest. It's no simple feat. It takes lifetimes to get there!

    It's a beautiful message said in simple terms and all of us should try to follow it!

    He made India proud at Oscars and all Indians are very proud of him. Time to rejoice.
    He did prove that music and art have no barriers.

    I am also proud to live in such wonderful country who are open to any new talent and do not hesitate to honor anyone irrespective of their color,race and religion.
    I wish all countries take inspiration from it.



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  • vamsi_poondla
    02-16 10:20 AM
    Assuming @gc28262 doesnt know this because of his personal experiences and exposure, do you guys think *all* consulting companies charge their employees money for the Visas? I know personally only those who doesnt charge. One of the consultants I know strives to differentiate himself from these. He provides benefits like in a large company.

    One thing guys, if you know abuse and are silent because of any reason (could be you want your spouses/brother's H1Bs to go through or any reason), you are all guilty. So, dont try to be naive..

    I dont want to tell anything about L1B because I dont know if there is anything illegal in anything companies are doing. First this is no slave labor. It is a free will employment. Just because somebody is ready to do some work for less, legally, you should not be worried too much. Instead of worrying about billing, try to upgrade yourselves to become better in skills, capabilities etc...your market value will automatically be upheld if not become more. Being an L1B myself, I dont see any single day I felt like I was abused or I am cheated by my company.





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  • wahwah
    09-12 09:49 PM
    welcome to the world of retrogression. it is only going to get worse from here on out.
    with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.

    How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.

    This is just so unfair.

    i can not put in to words just how anoyed i am right now.





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  • aadimanav
    07-17 07:58 PM
    Thanks aadimanav,

    I have emailed & faxed Rep. Henry Waxman, CA 30th District
    Also 2 legislators here - Senator Sheila Kuehl and Senator Mark Ridley Thomas

    Come on Peeple. The time is NOW.

    In title you mentioned "los angeles" but you havne't sent to Senators from CA.





    bottlemani
    04-26 07:57 AM
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    superdoc
    09-19 03:23 PM
    Here is my dilemma--

    MY INFO---
    Occupation -- Physician
    EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007

    I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:

    -New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)

    -New company can only give me a generic letter for employment (EVL) ---
    "To whomsoever ---etc..it may concern..and only briefly describing my title and job description"

    --- My questions to respected IV members

    1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed

    2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?

    PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!



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