Friday, June 24, 2011

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  • gdilla
    08-16 06:17 PM
    Talk to a lawyer and get the answers. But if you're on travel and questioned by immigration upon entrance if you're still working for sponsoring employer, depending on the circumstances, they can take your GC away. So that's another scenario separate from an audit or citrizenship interview that GC jeopardy may arise.

    If circumstances change, like you getting laid off or fired, that's a different story. If the sponsor's intent changes, and that does happen, then obviously, you're free to move on. But you should be able to prove that, with say a termination letter, for example.



    Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".

    This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.

    Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.

    So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.





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  • dilipb
    06-23 11:10 PM
    Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.


    Yes I stand corrected.

    As of now if u read this description from USCIS website

    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765"

    Then yes forever until we get our GC, for each EAD application we will have to pay 340.

    So sorry for the incorrect information.





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  • Goodintentions
    04-20 10:59 AM
    Another key Republican calls for H-1B cap hike - Computerworld (http://www.computerworld.com/s/article/9215970/Another_key_Republican_calls_for_H_1B_cap_hike)

    I think there is a need to educate politicians that the problem is not H1B but GC backlogs. As per USCIS only 7100 H1B's have been utilized so far for FY 2012. Unless they provide clear and time bound path to Permanent Residence, positive economic contributions from high skilled immigrants would be minimal.
    ======================
    I agree that we MUST educate them.

    Most of them do not know anything about L1. They think only about H1. I have been to my Congressman's office several times and have written numerous letters (not emails but printed and signed letters, as they have a better impact).

    Requst one and all to do that. CIR is dead now. What next? can we debate?

    Cheers!





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  • 485Mbe4001
    04-09 05:15 PM
    i tend agree with you, most of our forum topics start sensibly and then meander on...


    The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve.

    Alot of times the comments in this forum are completely irrelevant and very insulting to the Americans. And here, we are asking them to please change your laws so we could live happily in their county. And if they say no, that's their right.

    I am as frustrated as anyone here and I know people from other countries including Australia, Philippines, UK and China who have been waiting for years as well.

    If we could please make our comments "not country-centric", I am sure more people will join this forum.

    I know several people are not participating in this forum anymore because they are turned off by these country-centric comments.

    It hurts, but that's the truth.



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  • Macaca
    08-14 11:40 AM
    � If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.

    What does this mean? Thanks!





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  • ars01
    07-09 01:36 PM
    From the same memorandum:
    "Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."

    One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf



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  • jethro11
    08-19 02:47 PM
    Hi,
    I e-mailed and faxed the green card recapture bill support campaign to the KY senators and rep:

    Sen Mitch McConnell
    Sen Jim Bunning
    Rep Ron Lewis

    I am mailing out the letters to them tomorrow. Will keep you all posted if they reply.





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  • sriswam
    06-28 03:21 PM
    I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....



    I believe you can e-file form I-907. I am trying like mad to get the attorney to call me back.
    Does anyone know if there is a problem with the employer directly filing for premium processing bypassing the lawyer?



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  • preddy2k
    07-25 12:22 PM
    EB3/Jan 2004 - TSC
    Mailed on July 1st and reached USCIS on July 2nd around 9am.

    Did not hear anything yet





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  • chanduv23
    11-02 11:48 AM
    Few months back, 2 DMV officers gave me a tough time in CT. I wrote strong complaint and got a reply that, it will be allright if I go again and I went for the 3rd time and got it without hasstles.

    Here is what happened

    Dear Mr. XXXXX,

    This reply is in response to your email of 5/20/06 in which you
    describe
    the difficult time you have had in obtaining a CT license. Please be
    advised that if the documents are not acceptable when you return you
    may
    ask the Sergeant or Supervisor to complete a form for 'Review of Non-US
    Citizen Documents'. In this process copies of your documents are
    forwarded to our Branch Operations Division for further review. You
    will
    be notified of the outcome by mail.

    Thank you for taking the time to write and bringing this matter to our
    attention.

    Sincerely,

    Elaine McDougal, Div. Chief
    CT Dept of Motor Vehicles
    Branch Operations Division

    Sent: Saturday, May 20, 2006 5:05 PM
    To: mail@dmvct.org
    Cc: chanduv23@yahoo.com
    Subject: Documentation for obtaining a CT drivers license


    Respected Commissioner,
    Ralph J. Carpenter
    DMV, Connecticut State

    Greetings,
    I hope this email finds you in good health and best of spirits.
    I am a new resident to the State of Connecticut. I am on a h1b visa
    (Skilled worker visa) and have been in the United States for 6 years.
    My
    employer is based out of Irving, Texas and I am employed fulltime with
    them. My company sends me on work assignments to various clients all
    over the United States. I recently started on a work assignment at
    Pitney Bowes located in Shelton, CT. All this while when I am in United
    States, I have worked in the states of Georgia, New York and Washington
    and have obtained drivers licenses from all these states. I have
    maintained legal status and always carry my documents whenever I
    interact with a govt agency like DMV.
    From the time I have started my work assignment in CT, I have
    approached the DMV twice. Both the times I was turned back saying that
    my documentation is not acceptable.
    First experience:
    DMV, Bridgeport, CT:
    Issuing officer wanted a document from my employer that says that I
    am still employed with them and have not switched employers. I asked
    the
    officer polietly if there is anything she is expecting to see in the
    document (in terms of information like kind of work, nature of work,
    place of work etc...) and she was very kind in explaining to me that
    all
    she wanted to know was if I actually work for the employer who holds my
    visa. I told her that I will come back again with the letter.
    DMV, Hamden, CT:
    After obtaining a employment letter from my employer I chose to go
    to DMV, Hamden, CT because it is close to my home. The issuing officer
    looked at all my documents and then told me the employer letter was
    unacceptable because it is generated by a computer. I asked him what
    document is he actually looking for. He said he cannot accept a
    computer
    generated document. I was confused. Then he showed me my employer
    letter
    and told me he cannot accept it because it is printed from a computer.
    I
    told him it is generated from the computer so whats wrong with
    employment letter generated from a printer connected to a computer. I
    understood what he was trying to say. He just had concerns with the
    validity of my employment letter.
    Nothing wrong in having concerns about validity of employment letters.
    He was just not able to express that to me. As I have the habit of
    carrying all my documents, I showed all my legal documents like LCA
    (that I am working in Shelton, CT) , my h1b documents etc... to make
    him
    comfortable of the fact that my employment letter is indeed valid. But
    at this point he just did not want to listen or see anything instead he
    kept arguing that this is CT and rules here are different and he would
    not see any documents or papers and he only wants an employer letter.
    And I told him that is right in front of his eyes. He says he cannot
    accept it because it is a computer generated document.
    Then I asked him what he really wants? He argued that he wants an
    employer letter that is not a computer generated document but a actual
    document. Then his collegue came to his resque and told me that he is
    actually looking for a document that explains clearly the reason I am
    in
    CT and details of my work location from my employer etc... I asked him
    to write it down in a piece of paper what he actually wants. His
    collegue wrote down in a piece of paper that an employment letter
    stating my work location as Shelton, CT is what they are looking for
    and
    I can get my out of state license transfer once I have that document. I
    wanted a official letter from the issuing officer stating what they
    really want and they were not willing to give me that. So I asked him
    again what he wants next time. He said he wants a letter from my
    employer that I am working in Shelton, CT and work details etc....

    Dear Sir,
    There is a lot of confusion over the issue with actual
    documentation required. The best thing to do to check validity of h1b
    visa holders is to actually ask for recent paystubs and w2 forms. These
    forms have employer names and if any H1b visa holder. If the issuing
    officer has concerns with documentation validity of a h1b visa holder,
    then the best thing would be to have a employment background check done
    or look at paystubs and w2 etc... Or specify what kind of letter they
    are looking from an employer so that they can be convinced that the
    candidate is a valid visa holder.

    Though I will be going back to the DMV sometime next week with letter
    they requested for, I felt it is my duty to suggest to DMV a good
    source
    of validity for h1b visa holders.

    Dear Sir, Connecticut is one of the most beautiful states I have ever
    lived and I am enjoying my stay in Connecticut. H1b visa holders are
    skilled workers and we assimilate into the society while we contribute
    what we can and work hard to maintain our status and are on a tough
    path
    to obtaining permanant residency.
    Please treat my suggestion as a welcome suggestion and make it fair to
    both the employees of DMV and non citizens as to what they or we can
    accept and what not.

    Best regards,



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  • harryom
    12-19 01:29 PM
    My wife got EAD but mine is still missing..no updates at all.
    Bothe GOT FP, AP..

    Went to infopass, CR said we will sent email and you should get copy. ..nothing happened after 5 weeks..Callled USCIS..she said wait 75 days from the date of FP.
    I thionk they have nothing to offer..just some new excuse..

    I have no clue what to do?


    You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
    My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.





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  • ganguteli
    03-19 10:11 AM
    Did my post suggest in any way that I was defending the guy? I was only ridiculing those who were bad mouthing him.

    Are you suggesting that my post would have scored more points if I came out with more ammunition? I did not post in order to win your accolades. The fact that you felt there is not enough ammunition, suggests to me that you think it is perfectly fine to do all those filthy things I was referring to. This tells me about your moral standard.

    You had to assume that I probably have a criminal issue too, and thats why I was defending the original poster? Is that the best your mind can think of?

    You are sick and tired of defending our community? Do you imply that most people from our community have turned to criminal acts these days, and so you are tired? Because, I have not seen that around the people that I move around with. Is it all too common in your circles and the people you associate with?

    You most probably have half the education that I have, your salary is most likely half that of mine, and your moral standard is probably half that of mine. If I start ridiculing you more, you will suffer sleepless nights. So I won't do it (after this post, I mean).

    You don't post bullshit in a public forum, just because you can't see the people you are talking to, infront of you. Would you dare call the original poster 'thief' if he is standing infront of you? Would you call him that, if he is a friend of your roommate and your roommate brings him over to your house? The internet must be a new technology for you. Please learn how to use it to spread some love.

    To the poster above you:
    It is true that the law does not impose punishments on backstabbers, womanizers, sexual perverts, etc. Prostitution is legal in a lot of countries. The fact that the law permits some things, does not have any bearing on the moral severity or the lack thereof, of those things. Would you choose a 'prostitute' over a 'shop lifter' for a wife? If these are the only 2 options, I would be content with a shop lifter. Would you choose a 'prostitute' because there are no criminal issues involved and you will get your greencard faster?

    Even though not many people have posted in support of my post, my reputation has gone up, and yours probably went down. Please don't respond just because you want a revenge.

    I will always stand up for the one weak guy who is bullied by a 100 really nice & powerful ones. This can't be called defending the act of 'shop lifting' !!!


    You are trying to defend a criminal and thus some people objected to it. Crimes by immigrants, whatever they maybe bring bad repute to their country and the immigrant community.



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  • chanduv23
    02-23 02:05 PM
    Assuming that AC21 documentation does reach my file, is there any harm in it?

    I am not sure, but I have heard that most cases go through just fine because AC21 protects you, but only when ex employer withdraws the support for 140, some officers may want to ascertain that the new job is satisfying AC21 criteria and may ask foer more information than that was provided - now all this is based on what people talk about in the forums and on my discussions with people, as such, if you are doing everything by law there should not be any issue





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  • kshitijnt
    11-15 05:31 PM
    If you were not told the correct bill rate, you can recover that money. Simply ask them in writing to show you the contract since you are on 70/30 basis. The written contracts, oral contracts, emails all stand in the court but how will you prove an oral contract? If you have found an offer that meets your expectations just quit. We all make the same mistakes. We spend our time on working out things where they are not working. Just "quietly" without your employer getting a hint, find a job and quit.



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  • LostInGCProcess
    07-14 01:02 PM
    I did refered earlier in this forum ,about KIRAN SATHAYE AGENCY (http://www.givemeinsurance.com) , a desi agent deals with Farmers Insurance in Texas only.
    I got mine and my wife insurance with him for $15 a month covering 250K Term Life insurance ( We are on H1 )
    Check for any Farmers agents in your area.

    Good luck.

    Do you get anything in return after the Term? Or is it gone?





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  • caydee
    05-24 08:50 AM
    Yep!! This bill is really bad.
    It bleeds us dry.
    It bleeds the H1B program dry.
    It is evident that the proponents of this bill want it that way.

    Apparently the proponents see us as negative impactors to the US economy
    Apparently the proponents see the business community that use the H1B program as not "Pro-American".

    This is the beginning of protectionism.
    This is the beginning of isolationism.
    This is the beginning of blunting of America's competitiveness.

    The proponents of this bill must go back to school to study rich European nations and find out why they do not have a vibrant economy like US has.
    And the proponents of this bill must go back to school to know what makes US unique and vibrant.

    After this if they still remain proponents, then GOD SAVE US!!!!!

    Bad for consulting companies (no H1B; may lose job)

    Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)

    Bad for H1b transfers and extensions (severe restrictive provisions on H1B)

    AC 21 repealed (disastrous)


    Bad for pending I 140 .... left in limbo

    Bad for pending LC .... left in complete limbo


    Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers

    This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.



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  • long_waitgc
    03-19 11:06 AM
    Instead of fighting EB3 or EB2, can we throw up this idea -
    Whatever be the priority date - whether EB2 or EB3, a person should submit proof of filing Income Tax from the time they were in US. This way a person who came in 2001 and filed for labour in say 2002 under EB3 - will have higher priority (provided he/she submits Tax filing proof for 8 years) than a person under EB2 with 2006 priority date and filed taxes only for say -4 years. (or the same person who moved from EB3 to EB2 can also benefit from this) i.e. the priority should be determined based on how much a person has contributed to US economy. For the Govt. to generate some money, all GC applicants can be asked to pay a small fee(say $100 per applicant) to IRS to get proof of filing income tax returns.

    Just my 2 cents.





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  • ardnahc
    08-26 03:09 AM
    Just voted. Nov 2006. Good luck to all of us :-)





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  • eb3_nepa
    06-28 01:05 PM
    I had anticipated this and actually converted my I-140 which was filed regular in Feb 2007 to Premium a few days after the June Bulletin and the fact that they terminated I-140 premium processing altogether for Labor Substitutions.

    We immediately converted our I-140 (in which we were recapturing our older PD), to premium to avoid any such future USCIS Bolts from the blue.





    boreal
    03-18 10:50 AM
    Just saw that this dude is banned. Its good. He created a fake profile recently to divide us.

    Strange, this guy gets banned, but the person that opened a thread seeking advise on his "shop-lifting" immigration advice, does not. Wonder what our standards are with regards to banning people.

    [Dont want to report posts any longer either as those seem to be falling on deaf ears..]





    shantak
    08-06 08:32 PM
    Did you call this number: (800) 375 � 5283? The lady I spoke to did not give me any information. I guess I have to keep trying. BTW are you SRC or LIN ?

    Thanks!

    Yes I called the same number and used the POJ method as mentioned in this thread. Mine is SRC though.



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