Wednesday, July 27, 2011

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  • anandrajesh
    04-01 07:53 PM
    Both Faxes sent to Minnesota Senators.
    I sincerely appreciate all the hard work the IV members are putting toward this common goal.





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  • kaisersose
    05-29 07:22 PM
    Xenophobia (fear of foreigners) has always been high in the US, though not always on the surface. Most probably we remind them of their own history of invading the native american's land, killing him and occupying his land.

    Back in the 1850s, Ireland went through the great potato famine which killed millions. A number of survivors migrated to the US where they met with hostility from local Americans who were scared these foreigners would take away their jobs. This has been going on since 150 years and is not a recent development.

    In 1997, unemployment in the US was zero and so no American felt threatened by foreign presence. The sun was shining, the birds were chirping and everything was hunky-dory for new immigrants. However, the situation is considerbly different today with increased outsourcing and brown desis seen everywhere in the US - especially in walmarts.

    With all this, it is inevitable that an immigration reform that will put an end to all our woes is not going to happen. However, we can try our best and hopefully expect at least some reprieve in the forthcoming revamp. If not, then we have Bangalore, Hyderabad and Noida where we do not have to spend an average of 2 hours everyday brooding over immigration issues.





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  • nikh
    09-20 10:23 PM
    As per the data, so far people with notice date (on 485, from NSC) before sept 1st have got their FP notices (except few people). So, I presume if someone's case transfered back to NSC from CSC before spet 1 st, he or she should expect their FP notice soon.
    Obviously, we are not going get our notices if there several people lined up with NSC notice dates before our transfer dates.

    This is just my logical conclusion, may be incorrect





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  • indigo10
    01-25 12:28 PM
    This is not an accredited university. It has SEVIS permission though.

    Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.

    They can all happily screw each other on the island.

    BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.



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  • initrode
    07-30 08:53 PM
    EAD

    RD Jun 24
    FP Jul 17
    LUD Jul 17

    AP

    RD Jun 24
    LUD Jul 1





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  • bestia
    01-26 08:51 PM
    Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.

    I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.

    Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.



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  • DDash
    08-07 06:49 PM
    Sorry to hear your story man. I can empathize with you coz I went through hell last July/2007. I tried to advance the wedding and it caused havoc in the family. I got married in End of Aug/07 and by then the dates retrogressed back.

    Getting back to your situation:

    1) F-1 is sure is an option. She will have to make sure that she is independent on her own application.
    2) H-1 is an option as well, but then she will have to wait for next year lottery b.s.
    3) Now that you have G.C. you can go back to India and work. There is some restriction as to how you can maintain your GC.

    You may be found to have abandoned your permanent resident status if you:
    * Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Fail to file income tax returns while living outside of the US for any period.
    * Declare yourself a “nonimmigrant” on your tax returns.

    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    4) Follow this thread and see if you can make sense out of it for your case:
    http://www.national-anthems.net/forum/article/misc.immigration.usa/198645

    I am not suggesting anything.....I am just give options, hoping to help you.

    Most of all, take it easy, relax and enjoy your wedding.

    Good luck!





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  • somegchuh
    11-26 05:14 PM
    Financially, most economoists are predicting that east bay market is bound to fall further. (I would not discount the opinion of CNN Money easily).

    That having been said, I agree that living in a house is definitely more about feeling than about finances.

    How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments)



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  • nirenjoshi
    01-04 10:34 AM
    This sounds so much like those puzzles we used to ask each other... You have 2 batsmen each on 98 and only 3 runs to win. how will both get 100... or some such (this is actually very easy)- I dont recollect the exact question.





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  • ChalapathiChitturi
    10-15 03:08 AM
    I filed my I-485 (Nov 2004 EB3), but my old labor ( EB3 Mar 2003) got cleared. I am going to apply another labor in EB2 and move this EB3 priority date to that EB2, that way my case will be current.

    Not very much sure about its possibility, any suggestions.

    But coming back to the point, you are in a better boat by not filing, you can atleasr make it as EB2 and get the Green card Faster.



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  • ksircar
    07-23 12:11 PM
    I need some help with my daughter�s EAD and AP renewal (e-filing) applications.

    Here are the details. She came to US on H4 (I am the primary applicant, on H1B). As she was going to age-out in July 2007, she was transferred to F1 in April 2007. Fortunately, she was able to file I-485 in June, 2007 and got her EAD and AP. In 2008 she went abroad and came back to US using AP.

    For I-765 EAD renewal (e-filing) what should be her response to following questions?

    1. Manner of entry to US (visitor, student etc.)
    2. Current Immigration Status (visitor, student etc.)
    3. Please select your eligibility status

    Similarly, for I-131 AP renewal (e-filing) what should be her response to following questions?

    1. Class of admission
    2. Date of intended departure
    3. Expected length of trip

    Also, for AP renewal does she need to write a letter to USCIS? If so, can someone provide the format of the letter?

    Thanks in advance.





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  • h1techSlave
    04-21 01:18 PM
    There is no "Prince William County" in Maryland. List of counties in Maryland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/List_of_counties_in_Maryland)

    What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)

    The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
    Partners (http://www.ice.gov/partners/287g/Section287_g.htm)

    PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.

    Here is some analysis from Immigration Policy Center
    ---------------------------------
    How Much Will Arizona's Immigration Bill (SB1070) Cost?

    April 21, 2010


    ......

    Also in 2007, the county supervisors in Prince William County, Maryland were unwilling to move forward with the police enforcement portion of an immigration law after they found that the price tag would be a minimum of $14 million for five years.

    .....

    -----------------------------------------



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  • desi485
    01-04 03:23 PM
    Thats a very good suggestion. He should lobby to create a new categoy of Green Card for "MBBS".
    MBBS : Mia (Husband), Biwi 1 (Wife 1), Biwi 2 (Wife 2) and Sons.
    :D:D:D:D:D

    What if he has daughter(s)?

    Dr.MBBS

    Dr = daughter(s) :D





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  • longq
    12-26 03:26 PM
    So that means the unused Visa number flow "downwords" within the country category NOT "accross" the EB category.

    Yes. Now the question is, whether it is right or wrong as per the current law.



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  • tnite
    07-19 11:46 AM
    For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?

    For that matter, is it out of status if one gets paid from 2 companies with
    2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?


    2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter





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  • hiralal
    04-22 09:27 PM
    I'm not sure anything happens with these letters etc. We need something more concrete, something that grabs attention. Last time we did the flower campain, this time we need to do something different again. My idea was the two cents campaign (link in sig). But I'm sure you all have your ideas too and if we can come up with something unique that would be great. We need something more than just letters to the whitehouse. Maybe we can pick just one senator each week or each month or congressman who does not support legal immigration bills and send letters to him/her in co-ordination. If one person gets 1000 letters on the same day about a topic it might make the news?
    definitely ..and I am sure lot of people agree ..flowers, marching etc is much better ..but till we get to that point ..let us send emails / letters atleast ...something better than nothing !!



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  • rajuram
    01-05 12:17 AM
    bump





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  • gccube
    09-09 02:27 PM
    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.


    "You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?





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  • sairam
    11-10 12:01 PM
    July 2 filer - receipted fromTSC, received EADs - awaiting FP for both me and my wife (no SR opened yet). No AP Yet.





    GCInThisLife
    07-19 04:45 PM
    I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.

    In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.

    LoL. You are such an idi***!

    Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.

    Here is another link:
    Immigration Rights and Responsibilities of Scholars in H-1B Status
    http://www.bu.edu/isso/scholars/h1-rights.html

    Search for no later than 30 days after the I-797 start date

    Before you ask: I don't work/study at Boston University.

    ________________________
    Not a legal advice.





    anilsal
    10-11 04:38 PM
    either missed BEC by luck (pre-PERM folks) or used substitute labor. They all have GCs.

    And there are people like me, still waiting waiting waiting.

    It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.

    Nothing is fair.



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