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  • snhn
    08-26 04:24 PM
    I read this as moste h1 extensions are being denied, and think to myself, why are we so sruprised. The body shoppers abuse the system for such a long time, they had it coming to them. But so what, people who are being affected by this are the poor consultants themselves, who put all their trust in these body shoppers and in some cases paid high amounts to come to US. BOdy shoppers are not being affected by this in anyways. They should be fined if the US rejects an H1 for illegal hire. I just hope that consultants are given enough time to apply at other places.

    I was also denied h1 extension some 3 years ago. Mine was because of criminal record. i appelaed and denial was approved and USCSI admitted to the the fact that they made a mistake. I was lucky and I knew what the law stated about my criminal record. You can search the forum and will find out what I am talking about. so to all who have been rejected, please research the if the denial is wrong then please file appeal. In most cases, the appeal will be reviewd the driector of the district. So please dont give up.




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  • desi3933
    01-30 02:32 PM
    ......

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
    .....

    .....
    H1b will not go dorment untill you change to H4.

    Incorrect!

    3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.

    However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • desi3933
    07-08 03:40 PM
    .........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it


    Very well put. To the spot.

    You have put nicely what I mentioned in my previous post
    each professional (roadie) is alone and has to look after his own best interests.

    To take it further, roadies form groups (team) to complete tasks, here at IV, immigrants form group to achieve their goals, but ultimately, its everyone's personal quest to be part of this great country.

    But, may I add here, we should remember our past and if we can't help any future immigrant, the least we can do, is to encourage him/her.

    Wishing success to everyone. yes, to everyone who wants to be part of this great country. Just a fine print, everyone who has played by the rules (aka legal immigrants). Undocumented immigrants should wait in line after legal immigrants.

    Afterall, this nation is built by, in part, by immigrants.


    .




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  • Goodintentions
    02-05 04:02 PM
    Contributed $ 50.00 by cheque. Should reach CA in about 4 days.

    Hope all friends will conribute amounts (big or small) enthusiastically! This is a very good chance for us! Let us unite!Thanks!



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  • rcr_bulk
    09-10 10:32 AM
    I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..




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  • amitjoey
    07-05 03:04 PM
    We will each individually send flowers to Emilio Gonzalez to be delivered July 10th. There is a suggestion to use a paypal account where we contribute money. However no one has come forward to take over the account so far.


    The theme of the note attached to the flowers should be Sympathy or Get well.

    Preferred Message(Sympathy): All the best for future Employment Based visa estimates

    I do like the "Get Well: Hope USCIS recovers from its insanity" message as well

    July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
    July 08th - Draft the letter to be mailed to media.
    July 09th - Finalize the letter and mass mail it to every media email addresses we have.
    July 10th - hope the media take the bait!



    Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.



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  • ssa
    06-22 04:59 PM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me....
    m very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?

    Its all about how you negotiate. You may have some leeway in your negotiations if you have enough years left on your H1B. If all other peaceful negotiations fail let them know - without loosing your temper - that filing I 485 is the most important thing for you at this point and if it does not get done before the PDs retrogress again you will look out for other job using H1B transfer. All they worry about is the billing money they get out of you and they are worried once you file I-485 they will loose it in 6 months due to AC21. If you make them see that they will loose it other way too they may cut some deal with you.
    Just my 2 cents




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  • roseball
    04-01 03:33 AM
    Hi All,



    I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.



    I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.

    When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.



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  • REDS
    11-06 01:47 PM
    I too am sailing in the same boat.
    Opened an SR yesterday with USCIS for FP.

    my 485 was filed with TSC on july 17 and have got EAD and AP but no FP so far.




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  • jsb
    12-20 10:23 AM
    Hi All,

    I would like to know if I will get in trouble if I do this:
    First, switch to a completely unrelated job after 180 days of I485 filing,
    then, switch back to similar job when my priority date becomes current or close to becoming current.

    Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?

    Thanks in advance!

    Prior to getting your GC, you can work

    (i) On any job using EAD
    (ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.

    Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.

    If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.

    So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.

    You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.



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  • bobzibub
    05-23 07:06 PM
    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    <your name>




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  • pasupuleti
    05-03 01:19 PM
    source immigration-law.com

    05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation

    * Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
    * Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
    * By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.



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  • paraphrase
    10-08 11:05 PM
    I do not understand why people spend their energy in coming up with some lame ideas. Just because you suffer does not mean that your fellows have to suffer, what is the point of being a sane individual with that kind of thought process.

    There are people who come here on all kinds of visas F1, H1, L1 and like this country and stay back and need a green card for convenience. Students who came here want priority over people who came on H1B. It makes sense from their point of view.

    Similarly people on H1B who got stuck in several stages and had to change the company have their own point of view.

    How bout having a lame rule saying that GC for people with I.Q of 140 and above?

    (or)

    How bout having a lame rule like if you have a family you will be penalized by putting you at the end of the line for GC?

    The list can go endless..
    Worry less about who is cutting the line and getting ahead and please concentrate and put your energy and come up with good ideas and showing what we are really capable of..




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  • bombaysardar
    05-31 07:49 AM
    Current status Applied for AOS, have AP & H1B approved till 2009

    I've travelled twice using AP in the last 6 months (to countries other than Canada), CBP never asked me any questions, I think I will take the chance...

    Recent landers, please can you share any thoughts or experiences ??



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  • GCStatus
    09-16 06:07 PM
    Nothing really matters as of now, what does matter is this

    http://immigrationvoice.org/forum/showthread.php?t=21393

    So Please Call

    Tell us to call, DONT TELL its doesnt matter




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  • buddyinsd
    02-02 02:10 AM
    Just curious...WHAT CULTURE R U TALKING ABOUT?

    1. 2G scam --- Our culture
    2. CWG scam --- Our culture
    3. Adarsh Housing society scam --- Our culture
    4. Land acquisition in states like K'taka and Andhra --- Our culture
    5. Gang rapes in Delhi --- Our culture
    6. IPL scams --- Our culture
    7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
    8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
    9. North Indians treated as aliens in Mumbai --- Our culture
    10. Hordes of muslims killed in Gujarat --- Our culture
    11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
    12. Mining scam in K'taka and Andhra --- Our culture

    The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.

    Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
    Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.

    All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.

    @ asdcrajnet - All the very best to you !! May you have a great life back home !!

    @Thakkar
    I agree there are many issues we have back home but after all it is our country -:)
    there is something that pulls me back to and we are also thinking we will go back in the next couple of years. It will not be easy as we love this country too...but then one of the main reasons we are going back is the way is the culture here... I am not very comfortable with the culture here and would like my kids to have the Indian culture...I agree there is a lot of westernization back home too...but I guess there is some hope there still to have a little control on the kids...or help them go the right way...here I am not saying it is wrong...but is a totally different culture....which is what I am not able to digest....

    Also, we are alone here no family or extended family and that too is not easy (I think)
    Lack of social support....

    I respect this country a lot and love this country (and my country too -:) ...I am what I am today because of India and US.

    If we end up going (I am sure at some point we will), we will always be greatful to America !!!



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  • gc_on_demand
    09-10 10:19 AM
    Folks...

    Dates move ahead means almost all people before 8 Jan 2005 will get their GC in Sep 2009.

    If that comes not true then DOS has given Spill over visas to Eb2 india on day 1 of new quarter and will do same for every quarter. If this is the case then date will move forward only in Jan 2010 bulletin.

    and if they moved date forward because there are only few hundreds case between Jan 8 and Jan 22 2005 then we will see very big movement in Aug - Sep 2009. There are very few Labor since Nov 2008. So Eb2 ROW will not utilize even 10k visas in next year thus Eb2 row will donate 20k + visas to Eb2 india and Eb1 do same ... if Eb4 and Eb5 doesnot get renewal before Sep 30th then expect 5k more visas total almost 55k Spill over to Eb2 india and China which will make Eb2 C by Sep 2010..
    :):):):):):):)




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  • gauravster
    07-08 04:10 PM
    What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
    .

    By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.



    When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.

    Unfair does not always mean illegal.

    .




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  • rdehar
    10-09 09:42 AM
    gjoe: "It would be more effective atleast" ...

    Agreed. The current system makes old filer feel very insecure.

    If you are in a queue for a long time, and then when your turn arrives, USCIS announces it is a "free for all" ...




    axp817
    09-11 08:19 PM
    Received the card production ordered email today.

    TSC paper filed, RD & ND - July 23 2008

    Soft LUD on July 27 2008

    Approval - Sept 11 2008

    Receipt notice starts with SRC08231

    Hope everyone else gets theirs soon.




    abhijitp
    11-21 05:38 PM
    Mehul

    I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.

    - Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,

    - There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.

    - Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.

    - Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.

    - I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.

    - Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.

    God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.

    That is a very well balanced, informative, as well as inspiring post, arc!
    Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.



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