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  • glus
    01-25 08:04 AM
    As far as I know, starting a PERM application in itself does not amount to an intent to immigrate - it is simply a labor market test for a future position.Remember, the employer can port the LC to a different employee at a later date. I-140, however is an application to immigrate permanently to the US; hence a violation of the F1 visa. You may have a difficult time getting your I-485 approved or have to go in for consular processing. It is best you consult a lawyer on this one; don't count on random opinions on the forum for such a serious issue.


    You are correct!





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  • sanu121
    02-08 11:38 AM
    Truth always hurts. It is not too much talking when I say that people can't afford to contribute 20 bucks to IV. Out of roughly 9000 members, only 200 contributed in the last contribution drive and now you should be able to do the math yourself. That is the fact and it's very troubling that 98% of the members chose to contribute nothing.

    If you expect 200 people to find relief for 1 million so called high skilled immigrants present in United States, may be you need to wake up and do some reality check. Just checking IV 50 times a day for an update will not bring any relief, if that's what you are counting on. No wonder we are yet to see any relief whatsoever.
    --for you only.please read below the reply posted by fellow member franklin--
    First off - I have contributed, but here is an explanation of my initial reluctance to do so and possibly why I haven't contributed more than I have, since you asked.

    I have often been offended by the tone and bias on this board, when it is plainly evident that the majority of power posters think their own situation as being the only thing that should be resolved, alienating others as a result.

    Don't tell me to donate by spending less money on stuff that culturally I never do, or refer to people that I know little about - all for cultural reasons. It was this thread that spurred me to contribute, and ironically, this thread that also offended me first. I still haven't forgotten that.

    Wonder how else you alienate people? Try posting in a language that isn't English.

    Regarding the recent pledge drive in particular, it gives me a nasty taste in my mouth since it stings of hypocrisy that I can't get over. A similar one was attempted by a member here (which I signed up for), using the ""I will donate $10 monthly to Immigration Voice for one year but only if 1,000 other people will do the same."

    That effort, although endorsed by the core group, got 88 people to vote, and was criticized in these very forums as being a waste of time, or not the proper way to do it. Of course, fast forward a few months and now look...

    I also find it distasteful to have to read through threads that could be of some importance or value, but find that good chunks are just "Hey, look at me, look at how much I contributed"

    So, since I'm all bitter and alienated , why did I actually contribute?
    Every time I get annoyed or offended by someone's insensitive or cultural narrow mindedness, I try to ignore it and remind myself that that single person does not represent the values of the core group and this organization as a whole. It gets challenging.

    Please don't flame me, I am trying to be honest
    -----





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  • Canadian_Dream
    01-24 06:01 PM
    The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes.....

    Reduced Course Load - 214.2(f)(6)(iii)
    The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes at least six semester or quarter hours, or half the clock hours required for a full course of study. A reduced course load for less than half time is only acceptable for defined medical reasons (214.2(f)(6)(iii)(B)) or for the final term of study if the school determines that fewer courses are needed to complete the course of study (214.2(f)(6)(iii)(C)).





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  • hydboy77
    06-04 12:44 AM
    Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    I recived my I485 approval on May 30th after 10 years coming into this country.
    I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.

    So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.

    My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.

    I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.

    I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.



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  • bestia
    08-16 07:39 PM
    SLowhand, You are absolutely right. We can understand if USCIS does not send anything to employee for I-140, but for I-485, which really is an application from the employee, it is really not legal for the attorneys to dance on employers' tunes and provide our paperwork to them and then blackmailing us together.

    How can we take it up with USCIS through IV?

    You yourself willingly knowingly signed G28 form and gave all the power to your attorney. USCIS is not suppose to be sending you anything. And IV has nothing to do with it.

    You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.

    You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).

    You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.





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  • Leo07
    02-25 01:18 PM
    There is not a word that I disagree. Your are preaching to the choir:)

    I wasn't even talking about the 55K, just the X-55k. X being the all EB immigrants-in-waiting. They will join after the advocacy day if they change their opinion, if not there's no change whatsoever.

    Hypothetically speaking, let's assume all the 55,000 members in IV are active but are not organized under one umbrella (IV). Each of them have the same problem (stuck in the backlogs) and each of them approach lawmakers. Each discusses their own personal case and each of them discuss about a solution that fits them - (human nature). Some of them may be the very same provisions as IV. But will these 55,000 people mention all the provisions? chances are - No.
    So, there will be no coherent messaging, even though there are 55,000 people participating simultaneously.

    Second, without being an organized unit, we loose the collective strength. Say a lawmaker is interested in fixing our problems - his task will be tremendous - he probably has only 10 people who have approached his office to fix the problem - so not only does he have to find out if there is a wide range of people affected by this problem, he also has to contact each of the 10 people individually. Guess what? he too will suggest for the 10 people to join forces and be under one umbrella.

    What I am trying to say is that IV has already brought us together. It has built good relations with key people in DC. It has done the ground work. Why not build on the sound foundation?

    In life we are ready to be grouped as Indians, Indian-Americans, Asians, Male, Female, Married, Unmarried, Hindu, Christian, Muslim, political organizations (we believe in one or the other - independents, democrats, republicans, congress, bjp), Unions, Employees of Cisco, IBM, Desi Consulting - what is wrong in identifying oneself in a group if you believe in it? By nature we are a collective group, but we think that it is wrong/unnecessary to belong to a group! We think we are smarter for being independent. But the truth is that even the most independent of the guys lives in a society. He may not accept it, but that does not change the facts.

    Bottom line is, what each one of us believe in. If we believe in a cause, we will find a way to work on it. Quantity matters only when there is quality. If we have to depend on only one, my preference would be on quality. I want the loudest person, but at the same time, I want that loud person to be shouting the message that I want - or else it defeats the purpose.

    Leo, this is just my opinion, not IV's - though I would think IV will agree with me. I believe in collective strength and individual's logic to think matters through.

    I have nothing more to say.



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  • learning01
    05-01 04:14 PM
    DL is issued in CO upto the validity of your I-94, which is fine.
    So, for each H1 renewal or extension, you have to queue up in DL office. Also, for dependents visa holders (H4), before you go to DL office, you have to go to SS office, get a letter from them that a SSN cannot be and will not be issued. Such a hassle.
    In FL, it is being extended to only 1-94 date.





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  • smohan
    07-08 04:48 PM
    Well, it appears some mix up happened for Houston listeneres. I tuned in at 90.1 FM to listen this interview, at 3 pm central time(Houston time) but only music was being played.

    later on internet I could listen the last 15 minutes of the session only, which sounded very good by its questions answers and content.

    I am wondering if the recording of the whole session could be placed on IV site for all of us benifit who missed it.

    Regards



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  • amitjoey
    05-21 06:58 PM
    hey can i call u or u call me if i PM u my fone number ?

    I have no idea what the lawyers sent. Lot of it was my employers financial statements, ability to pay and profit-loss statements (I guess). I was not privy to any of this.
    send me a PM with ur no, will call you.





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  • nogc_noproblem
    05-12 05:15 PM
    I am not sure about this. May be you can call them and confirm so that any potential delay can be avoided.

    Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.

    Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?

    Thanks much!



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  • krassib
    07-10 01:14 PM
    The aim of participation on these talk shows is two fold- One to increase the awareness amongst the general masses regarding the problems being faced by legals as the masses are mostly ignorant about out situation. Secondly, for people who are waiting for their GC's and could be potentail members of Immigration Voice for them to join the organization. It has been proven time and again that there is strength in numbers and also the organization needs resources from it's members.

    It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.

    One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.

    Over all, in my opinion, it was a good program and served IV's agenda.
    I would like to thank IV core team for the effort of making our immigration problems public. I could not personally listen to the show and it would be nice if someone posts a link to a recording.

    In addition, I know that it may not sound feasible but I have an idea to create our own Internet radio. How you all think?





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  • PlainSpeak
    02-25 08:41 AM
    Although I agree with you on principle...that cannot bring people in numbers. There will always be people who don't agree with each other. leadership involves channeling both parties energies, those who agree with me and those who don't agree. Sounding arrogant, feeling proud of what I did better than others and looking down upon people who don't agree with me, doesn't help me, right? Who am I to judge somebody's attitude and achievements?

    While i whole heartedly agree with what you stated above i don't think this idea is going to work. IV certainly will not want to take the risk of anti-immigrants being part of the advocacy effort and skewing things on the day. Messing up before the representatives will not do IV's credibility and good.

    Infact all the donars in this site who keep asking me for donations would not want even me to be at the advocacy even if i donate, seeing how i disagree with them on principle. They would not want to risk me being part of the advocacy group

    If i who believe in IV but does not believe in the approach as the approach does not provide relief to badly retrogressed categories is a risk for advocacy then the risk of anti immigrants being part of advocacy is even bigger

    On a side note it is good to see some one from EB2 having a rational argument and calling a spade a spade



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  • tabletpc
    09-17 09:45 AM
    tabletpc,

    Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.

    You are right. THis is one case where in USCICS are wrong. The visa officer at consualte should have canceld her H4, which he/she din't do and tv25 took advantage of it. Even at the POE, officer should should have got the info on his system. No idea why it din't happen.

    But tv25, stop using this forum to get the solution and contact an attorney, like murthy ASAP.





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  • Templarian
    03-31 05:41 PM
    4 Way tie? :lol:

    //edit, I was joking, now it's actually a 4 way tie. :ponder:



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  • kaisersose
    06-16 01:47 PM
    well said and I agree 100%. it is not as simple as saying that by buying now you are saving 12 months rent. (for one, you get a place to live which has flexibility..though smaller). if you need it now as said above it makes sense (and I would say if u need space because grown up kids need space or you have other family member staying (like parents etc) ..)
    I agree Texas did not see the boom that was seen in other places and hence is relatively a better place to buy. that being said, I guess it depends on location too ..even in good places (all except the super bubble states of CA, FL etc) ...make sure that location looks good (good school, less crime) ..and at the same time ..easy commute (who knows ..gas maybe $6 and rising in future)...ino ther words even in TX, if the houses were built far away ..then they too will fall in prices

    I think gas price is a non-issue. Gas in India is more expensive than in the US and considering the income there, the effective cost is even more higher. And yet, people continue to buy more and more without regard for increasing gas prices.

    The same logic applies here. Back in 2001, once gas prices starting going up and in places where gas cost $1.30, it hit $1.50 which people found "shocking". And yet, there wasn't the slightest reduction in the number of cars bought. Even now, with all the dismay at soaring prices, nothing much has changed. Freeways are just as jammed as ever.

    The fact is, the American is well equipped to deal with $6 prices. The reaction we see is is just due to the unpleasant thought of having to pay more. It is not a showstopper by any stretch of anyone's imagination. At the worst, it just means they will have to cut back on annual vacations which is not a big deal for us, but obviously a catastrophe to the average American.





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  • kufloyd
    06-13 07:58 PM
    I think it's fairly common. So don't worry about it too much.

    "fairly common"? But what does it indicate? And where has the case moved to?



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  • GotFreedom?
    08-18 08:42 PM
    Sorry to hear about the denial bro. 3 yrs + PG Diploma stands no chance getting an EB2 approval regardless of your experience. It sucks bad but its the bitter truth. In my honest opinion please do not waste time and money on lawyers in continuing to pursue that case. You should be able to verify this in so many other threads discussing this topic from people's personal experiences.

    Get your case started in EB3 category ASAP with right educational requirements and maintain a valid H1B!!
    I feel for you man and good luck!!





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  • logiclife
    10-16 06:24 PM
    Hi Guys,

    My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.

    I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"

    In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. … Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."

    She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works

    Thanks in advance
    h12gc

    Hmm, I am an oracle apps programmer too, although my job is more technical and less functional. Recruiting talent is a whole different job role than working as a functional Oracle apps consultant. Functional jobs (Oracle or SAP) is pretty much business analyst job, in my opinion.

    Now, you may use the same knowledge as you do, but still, its a different role and I think its highly risky to do this change. For example, let's say, you use same knowledge to work as a professor of computer science in University or as a practicing software solutions provider. IN both cases, you use same talent to do your job and use same knowledge and skills. But TEACHING is different job and providing software solutions is a different job.

    Same way, staffing/recruiting is different from doing functional analysis and I would be surprised if the job descriptions match close enough to fit in same job code. Try to get a good lawyer to match the job descriptions and interpret them into job code and see if the job codes are the same.





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  • pappu
    09-22 06:30 PM
    Obama declines using administrative action to push immigration reform
    By Michael O'Brien

    Excerpt:
    President Obama suggested that he would not pursue reforms to the
    immigration system through regulations or other administrative policies.

    The president said it was important for immigration reform to go through
    Congress, lest opponents of comprehensive reform use regulations as a
    political opportunity.

    "You know, it is a very difficult thing to do administratively, and because
    we want comprehensive reform, and because we want the Dream Act, what we
    don't want to do is give an excuse to the opposition to say, 'Obama's trying
    to do an end-run around Congress,'" Obama
    said during an interview on Telemundo ....

    Obama has faced criticism from the Hispanic community for failing to follow
    through on his pledge to reform the immigration system. He told members of
    the Congressional Hispanic Caucus (CHC) last week, though, that he would not
    "walk away" from reform, and called on Republicans to join him in passing
    legislation.

    But Republicans in the Senate have appeared unwilling to find middle ground
    with the president over immigration. The Senate GOP has said it would oppose
    including the Dream Act, a piece of immigration legislation favored by many
    Democrats, in the Defense Authorization bill.

    "It appears we're not going to get this done before the election," Obama
    told Telemundo of the Dream Act. ...

    "We've got to build a consensus around this country," said the president. "I
    think we can."

    For the full article:
    Obama declines using administrative action to push immigration reform - The Hill's Blog Briefing Room (http://thehill.com/blogs/blog-briefing-room/news/120275-obama-declines-using)
    -administrative-action-to-reform-immigration





    lifestrikes
    02-08 02:33 PM
    Every credit reporting company has option to put freeze on your account. They will assign you a security key for the freeze.

    Search for "experian freeze"

    You can manage your freeze account online. So, when someone wants to run your credit report, it will be denied. You would have to manually lift the freeze for anyone to access your credit report.





    smccrea
    03-08 11:33 AM
    Green Card nahin mila H1 me he Khush raho ?? ;)

    I like this...thanks form a nice afternoon laff! :D
    Could you share the joke with those of us who don't read this language?



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