Friday, June 10, 2011

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  • cbpds
    05-17 12:11 PM
    A very useful way of using technology to promote legal immigration !!!

    Sent emails already

    Thanks Pappu


    Thank you for participating in the national phone campaign we ran for the last 2 weeks.
    We got feedback on some calls that were made and it was encouraging.

    We are now starting a campaign to contact our lawmakers and media offices.

    Please click on ImmigrationVoice.org - Advocacy -- Legislative Action Center (http://immigrationvoice.capwiz.com/immigrationvoice/home/)

    or the icons on the top of IV page to participate in the action alerts.

    This campaign is very simple.
    It will not even take 5 minutes of your time.

    Please spread the word around so that we can flood the offices with our emails. This will help in the event we are planning for next month. See IV announcement: Advocacy Days in Washington DC: 7th & 8th June - Page 3 - Immigration Voice (http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1437978)


    - Team IV




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  • waiting4gc
    07-08 12:21 PM
    I highly recommend them.




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  • lostjob
    10-05 08:51 PM
    I have been laid off yesterday. My employment ends Dec.
    My 180 days expire Jan. My company said they will not revoke the I-140.

    So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.

    Can I use ac21 afterwards? and

    Can myself or my wife work on the EAD that will come to our home address?.

    What else needs to be done by company B.

    Will we just get our green card in email.

    If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?

    In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?

    Please advice to what you think is right based on your best knowledge.




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  • kris04
    09-12 09:26 PM
    Hey guys

    Just received email from CRIS regarding I-485 denial notice for both me and my wife.

    I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.

    My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.

    My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.

    This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.

    sorry to hear about your new issue. Your case can be easily fought back, cheer up. My case was AC 21 and fortunately my I 485 was approved last month without any RFE, but before approval I spoke to NSC customer service and got hold off a very good guy , who happened to be very helpful, he mentioned that the letter requesting to port the employer or change of attorney need to be addressed to appropriate division, failure to do will cause all these problems, since it take time for the USCIS to route the letter to correct division and most likely getting lost. The only solution to address this kind of problem is to bring the much needed regulation to AC 21 , a formal application process where we can track the progress.

    Cheer up, good luck

    regards

    kris



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  • EB3Victim
    07-18 12:10 PM
    Hello,

    I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.

    Thanks

    Look at the below URL for the update from USCIS.485 can be filed until August 17
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf




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  • go_guy123
    08-09 12:25 PM
    I have never lived in Canada but married to a Canadian citizen so I am writing this with her help and with my limited knowledge. I don't think 50K per year is enough, you may survive but living standard won't be as good, say, compared to Texas (if you are in CA then its different comparison). You pay more taxes, high insurance premiums, clothes are expensive etc. everything is higher. As per my bro-in-law, the sale price of houses in Houston is less that the cost of building house in Toronto (he is a financial consultant in Toronto). I heard socially Canada is better than US and have nicer people.

    Heath care is free (not dental, vision etc.) but you eventually pay more taxes for that so if you are planning to bring your parents this could be good but for healthy young family basically you pay more taxes for health of others. Health care can be compared to US but not as good because there is cap on doctor's income (300K??) and many good doctors move to US.

    TN is definitely good and hopefully it will remain for Canadian citizens and can be renewed with no cap for maximum years but but your dependents can not work with your TN visa.

    I, myself, have applied for Canadian PR and should get it soon but that's just as stand by and won't move there unless I have to.

    Yes what you are saying is true. I am not denying that but how long can you stay on
    H1B is the question. But yes I also started with 50k but I am moving up. IT salaries are higher. I know banks paying 70K and going even more above 80K. You can also work as independent contractor type unlike H1B. No middle men inbetween and all expenses before tax.
    Yes ofcourse US is a far bigger economy. But I was born in India, what can I do. Within my contraints I am looking for best possibility.
    When I feel down/upset I look at this video and I feel far better and motivated: http://www.youtube.com/watch?v=nQPmY4nIjVE&feature=channel_page

    Since your wife is Canadian citizen, basically your downside risk in US is hedged. If things don't work out you can quickly move to Canada. But for others with Indian passport
    it is not so. Like I said before I am not against working in US under TN1 or H1B. Just that
    I am willing to work under desperate body shopper slave like conditions. If I get position under direct client in H1B its fine with me. In fact when your company knows that you are not that desperate they also treat you differently. Is your wife also born in Canada, if so then it is even beter, you are out of the EB-I trap. You should definiately look for US options.

    Long back when we were working under H1B/OPT for a company in US, there was the annual bonus/promotion announcement. And I saw that none (except 1) of the H1Bs got a promotion. Just one H1B got promotion and that person had recent married a US citizen. Basically the company knew that its leverage over him is gone and in order to retain him they need to promote him. It is all a zero sum game my friend.



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  • alterego
    09-20 06:35 PM
    I have to admire the unbelievable energy and commitment of you guys. Especially those who organized the rally and to some extent those who attended it from far away are probably tired and catching their breath!

    We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.

    I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.

    A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
    To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.

    One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
    Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.

    All ideas should be collected here in this thread.




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  • spicy_guy
    05-28 03:37 PM
    If someone has account in .com, please post this link there.



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  • chanduv23
    09-25 06:27 AM
    Take it easy for the time being - IV is looking into what to do next. Use this time to stabilize state chapters , conduct social events so that people can have a nice time.




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  • gc_on_demand
    06-27 01:12 PM
    Guys

    its very simple and doesnot take more time. I was working from home today so called few lawmakers including Rep Smith and Rep Rothaman. Lady took address and phone no and told me she will pass a message and let me know via mail.

    Please call . These bills are only our hope till next year..



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  • newyorker123
    05-21 03:22 PM
    I am new to this and I sent email couple of times and called certain people in IV list.
    Most of the responses from the senator/congress members or even conversation refers undocumented immigrants, safe/secure borders etc.

    What is missing in representing the EB community different to illegal immigrants ?




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  • gapala
    03-20 09:50 PM
    There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1

    1. You are not counted against the cap
    2. Need to prove you are in status.

    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.

    Ok, Here's what law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference



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  • tinamatthew
    07-21 01:02 PM
    I filed I-140 on July 5, and was hoping to get the receipt by this week because as per the press release ( dated 7/13), NSC was supposed to be time complaint with regards to I-140 receipt date by 7/18/2007. But they again changed to 8/1/2007. You never know they will NOT change it again!

    Lets hope for the best




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  • gsmishra
    07-23 03:10 PM
    Latest FAQ from uscis says we can file I-485 without I-140 recipt notice

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
    A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.



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  • willwin
    06-26 08:38 AM
    I know IV is doing its best and there are other groups fighting for HR 5882.

    But honestly, what are the chances for this bill to succeed this year (before election)?

    100% or 75% or 50% or 25% or 0%

    Ron Gotcher predicts that none of the individual bills may pass this year.

    And also that EB3 I may not move forward even next year!

    I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).

    Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?




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  • gneerajg
    07-18 10:03 AM
    What u can do ask your employer/attorney for the copy of the check cashed by TSC/NSC for I-140 and if u look at the back of it you will find the receipt no. That receipt no. is the same whenever u will get ur NOA so make the photocopy of front and back of the check and submit with your I-485 application and relax

    Neeraj
    :)



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  • psam
    06-10 03:29 PM
    obviously... math is the same whether its done by DOS or our experts...:)

    I wont put my money on table backing this :p




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  • bfadlia
    01-12 07:47 PM
    Mundana.. I'm not trying to discourage anyone, by all means people should seriously try it and see.. instead of the endless talk..
    You'd certainly find the poetic notion in the constitution that "all men are created equal" but if the purpose of the US government and its agencies didn't allow them to balance this with protecting the interests of the US public, a billion people from around the world would move in tomorrow. By your logic, an illegal or one with visitor visa would apply to a job he's qualified to here then sue USCIS because their stupid rules that do do not treat him equally like all other men cost him the job.. Congress enacted the INA (Immigration and Naturalization Act) and tasked USCIS to enforce it.. I researched Title VII and the INA in my paper (so much fine print than the highlights u mentioned) and can tell you that title VII specifically allows INA to override it in matters relating to Immigration, and in many cases INA obliges and in many cases walks all over the EEO and all men equal concepts.. as i discussed with my employment law professor who had a good background in immigration, the situation can't be changed without rewriting Title VII and the INA..
    Anyway, just my professor's opinion and mine, u have every right to disagree but plz let's do something instead of talking..



    Here is the history of derivative acts under 14th amendment related to employement:

    14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.

    The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.

    The Civil rights Act of 1871, Section 1983: provides persons who believe they have been
    ...
    ...
    ...
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    ...
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    I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.

    And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.

    Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.




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  • GC Khichdi
    07-17 04:17 PM
    If anyone knows the history, this is pretty much happenned to Family based visas. 20 years ago, it was as easy as 1-2-3 and ppl use to get GCs in matter of months or 1-2 years. INS realized this and they started imposing processing dates and delays and what not and as it stands today, it takes about 10 years to get GC on family based.

    They may have same plan in mind that instead of paying unemployment to PRs and Citizens, let's kick out the smart ppl who are stealing all the jobs and now their country is taking some of our businesses too.




    eastindia
    01-13 11:14 AM
    I see a lot of boiling blood and nice thoughts, If we can find out How much it would cost to pull out a Half page or Full Page AD on prominent news paper like NY Times or WSJ etc. Work on and create a fullpage/half page ad that would be a good start in opening eyes of congress/common people.

    Any thoughts.

    Read
    http://www.nytimes.com/2007/09/26/us/26moveon.html?_r=1

    Full page is for $65000 in section A New York Times.

    If you want for specific day, it is for $142,083

    Now, How much do you want to contribute to this amount?

    People on this thread think this is some joke. By pledging 1K you cannot even get a mosquito out of country cap. You need million dollar first to start.




    Tito_ortiz
    12-01 01:31 PM
    I did not want to initiate that discussion because it may be a long one, but let me share my experience:

    My recommendation is that folks take an MBA only if you already have a firm position in mind that you want to go for an executive or upper management position in the future. That line of thought is specially applicable when you are paying the whole thing from your own pocket !!! Before working in a management position or taking the MBA, I did not know how much I liked the idea of becoming a CIO or CEO. I tought I knew it, but until you actually experiment it, as many things in life you don't know for sure. Well, after completing 50% of the program I realized that was not my short or mid-term goal to work as an executive reading accounting net income balance sheets or maketing professional, even if I had the GC handy.

    In my personal opinion, taking an MBA merely to enhance your project management when you are PAYING FROM YOUR OWN POCKET it may be a very bad strategy. If others are paying for you, of course that is fine, but it is not the case for many of us. I had only one or two courses related to project management anyway.

    If you just want to enhance your project management skills, you might want to invest in way more direct courses such as PMP, ITIL, Microsoft Operations Framework. You should be able to complete those with a fraction of the cost and time of an MBA and probably achieve more return and knowledge than what the MBA can offer you when it comes to project management.

    For those who are sure you want to read balance sheets, work with marketing analysis and go away from the hands-on experience, then MBA may be right for you.

    I don't want to discourage you, but there are documents out there showing that MBA's are overrated and the importance of it is under scrutiny. Since I already found offers from multiple employers who were willing to pay 100% (if you are a qualified professional like us, it is not difficult to find employers willing to pay for it once you can change jobs) personally I thought I could wait a little longer to get the MBA and invest in IT certifications now paying from my own pocket.

    Just my humble opinion.



    I dont mean to discourage folks here...

    But here is what I have seen more often with MBA. Techies like programmers, business analysts in IT sector have done their MBAs from good schools and ended up doing the same job EVEN WITH GREENCARDS.

    I have seen GC holders doing MBA and then after finishing MBA ending up with same job description with a 5% increase in pay.

    So please do your research in HOW MBA is going to help you in your situation. Your job and your INTENDED JOB POST MBA may not really need you to have an MBA. And I have seen this way too often. So think before you pluck down 30,000 dollars on a degree that might do little benefit financially after you complete it.



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