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  • gc_chahiye
    12-18 04:28 PM
    With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.

    IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.

    :) true, a LOT of people are going to be getting very familiar with AC-21/AP/EAD.

    Back when the July VB was first published, even the birth registrar in my hometown knew about the dates becoming current (when tons of parents all landed up in his office within a day or two, trying to get certificates for their children here :)

    Airline folks who used to see a few APs here and there, are now going to be seeing a lot more people APs.

    HR folks are going to be more familar with AC-21 and EAD...





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  • abh
    07-30 01:55 PM
    I am primary applicant on our 485 application. Mine and my daughters case doesn't show any LUD. But my husband's status changed to case transferred to local USCIS office. He was on H4 for 6 years and have not used EAD yet. No gaps in Visas. no law violatiobns. Prerry Straight forward case. Recently we applied for Online EAD Renewal.

    Any idea why his case might have got transferred ? What should we expect next?

    I am really worried.





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  • roseball
    08-19 09:06 AM
    Thank you all for your suggestions and they are helpful.

    I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.

    Thank you again.

    If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.





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  • jetflyer
    06-13 01:27 PM
    You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!



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  • JazzByTheBay
    12-19 04:09 PM
    Prompted me to take some action... proof that such posts are indeed useful. :)

    Called USCIS and opened a service request:
    - over 30 days (July 2 filer), no biometric appointment for self and spouse
    - Alien (A) number different on I-140 and I-485 for primary applicant (me)
    - Got a referral number, call back if you don't hear from us within 45 days.

    Customer Service rep could not provide any information about name check, etc. (Said IO will be able to provide that if they contact you... ).

    jazz





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  • nk2006
    06-14 08:25 PM
    The coming back of CIR seems imminent - we need to step up lobbying/calling/faxing/writing. Is IV still have the lobbying firm support? do they have any specific suggestions so EB friendly amendments will be introduced/succeed.

    With dates being current I think everyone will say - hey employment based system does not have backlogs why increase their numbers. This priority date movement is so complex its easy to mislead anyone.



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  • dupedinjuly
    07-05 01:16 AM
    Hi Miriam,

    I appreciate your efforts in highlighting this issue. It is a high stakes issue for would be future americans who respect the law, abide by it and wait patiently for their turn in line to apply for
    green card, while maintaining legal non-immigrant working status during years of wait, paying taxes and contributing to social security. I would also like to highlight that in H1B status if one loses the job, he or she needs to leave the country in 10 days.
    I am glad you are bringing the issue of legal immigration to light. After all, thats what everybody wants, immigration to be orderly and legal, but is it workable ? and why people trying to follow the law feel cheated and duped by the government, after waiting patiently for years and abiding to
    the laws.
    The Dept of State and Dept of Homeland Security(USCIS) acted against the interests of immigrants who are trying to immigrate legally. Legal immigration is the real issue. If it works, there
    will not be a need to grant amnesty to millons of illegal alilens. The real solution to stop
    illegal immigration is to make legal immigration work. Unfortunately, the government is going
    in the opposite direction as evident by the actions of DOS and DOHS on July 2, 2007.
    Is government sending the message to people trying to follow the law that, Following the law is
    going to get tougher, just break it, become illegal aliens and we are working on an amnesty.
    I would request you to get to the bottom of this and find out whether right procedures and laws were followed in using the visa numbers ? If not, then the conclusion is, government of United States failed in respecting and following its own laws. Is it not a travesty, that law breakers are
    probably going to be rewarded with an amnesty and govenment is not respecting them either ?
    We are resepecting it, following it and are getting the door slammed on us. I never thought, I
    would see this in America. My impression of America has changed, forever.

    Regards,
    ( Priority Date Dec 16,2003 , EB3 India
    Applied for I-485 Adjustment of Status on June 30
    Application Reached USCIS-Nebraska at 10:25 am on July 2. )

    I have already written to her asking for more reports in this matter. Here is the email I sent her:

    Hello Ms. Miriam:

    As a long time subscriber to the WSJ and one of the victims of the "bait and switch" by the USCIS and Department of State, I would like to thank you for covering the article in the WSJ. I would like to kindly direct your attention to the stand taken by AILA (American Immigration Lawyers Assoc.) and Immigration Voice (a non profit organization representing skilled immigrants). I feel it is necessary that the impact and the behind the scenes maneuvering at DOS be covered by a respectable publication such as the WSJ. May I point you to some of the links on the internet. Some are yet-unverified rumors. I hope that you will use your journalistic discretion and power to bring more light to this issue

    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 -- Congresswoman Lofgren's response
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html Mr. Siskind is a respected lawyer in the immigration field.
    http://www.aila.org/ -- AILA website and potential class action lawsuit against USCIS

    Sincerely

    Kalyan.





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  • dvb
    10-12 11:36 AM
    Thanks for your input guys!

    My lawyer (from the new company) is suggesting I go to the local airport to have it corrected. I plan to call there and see if they can handle it.

    Else I plan to go once again to the local USCIS office and this time ask for a correction.



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  • 485Mbe4001
    04-06 03:34 PM
    interesting that you created an account just to post this...

    HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
    least $20,000 per visa, the US Attorney's Office said.

    Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.

    The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.

    The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.

    Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.

    Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States

    Link : http://economictimes.indiatimes.com/articleshow/4359174.cms





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    03-21 02:43 PM
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  • pointlesswait
    03-21 08:06 AM
    How many paystubs do you need to file for H1-extension.

    In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.

    will that be enough or do i need all 4-stubs to be 80 hrs????





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  • dupedinjuly
    07-05 01:16 AM
    Hi Miriam,

    I appreciate your efforts in highlighting this issue. It is a high stakes issue for would be future americans who respect the law, abide by it and wait patiently for their turn in line to apply for
    green card, while maintaining legal non-immigrant working status during years of wait, paying taxes and contributing to social security. I would also like to highlight that in H1B status if one loses the job, he or she needs to leave the country in 10 days.
    I am glad you are bringing the issue of legal immigration to light. After all, thats what everybody wants, immigration to be orderly and legal, but is it workable ? and why people trying to follow the law feel cheated and duped by the government, after waiting patiently for years and abiding to
    the laws.
    The Dept of State and Dept of Homeland Security(USCIS) acted against the interests of immigrants who are trying to immigrate legally. Legal immigration is the real issue. If it works, there
    will not be a need to grant amnesty to millons of illegal alilens. The real solution to stop
    illegal immigration is to make legal immigration work. Unfortunately, the government is going
    in the opposite direction as evident by the actions of DOS and DOHS on July 2, 2007.
    Is government sending the message to people trying to follow the law that, Following the law is
    going to get tougher, just break it, become illegal aliens and we are working on an amnesty.
    I would request you to get to the bottom of this and find out whether right procedures and laws were followed in using the visa numbers ? If not, then the conclusion is, government of United States failed in respecting and following its own laws. Is it not a travesty, that law breakers are
    probably going to be rewarded with an amnesty and govenment is not respecting them either ?
    We are resepecting it, following it and are getting the door slammed on us. I never thought, I
    would see this in America. My impression of America has changed, forever.

    Regards,
    ( Priority Date Dec 16,2003 , EB3 India
    Applied for I-485 Adjustment of Status on June 30
    Application Reached USCIS-Nebraska at 10:25 am on July 2. )

    I have already written to her asking for more reports in this matter. Here is the email I sent her:

    Hello Ms. Miriam:

    As a long time subscriber to the WSJ and one of the victims of the "bait and switch" by the USCIS and Department of State, I would like to thank you for covering the article in the WSJ. I would like to kindly direct your attention to the stand taken by AILA (American Immigration Lawyers Assoc.) and Immigration Voice (a non profit organization representing skilled immigrants). I feel it is necessary that the impact and the behind the scenes maneuvering at DOS be covered by a respectable publication such as the WSJ. May I point you to some of the links on the internet. Some are yet-unverified rumors. I hope that you will use your journalistic discretion and power to bring more light to this issue

    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 -- Congresswoman Lofgren's response
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html Mr. Siskind is a respected lawyer in the immigration field.
    http://www.aila.org/ -- AILA website and potential class action lawsuit against USCIS

    Sincerely

    Kalyan.



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  • getgreensoon
    03-09 09:40 AM
    Here is what I found from Murthy Forum --

    According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
    (1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
    (2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
    (3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
    (4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
    (5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
    Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
    Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.

    (6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
    (7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
    equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
    (8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
    [Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
    Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

    These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.





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  • memyselfandus
    07-16 10:12 PM
    Is it possible to file I-485 without I-693(Medical) ?

    The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.

    Please advise


    As per the bulletin I read, USCIS has indicated they will reject the application without I-693 period. Hence search across whole of US; if need be. Remember another thing, the appointment with Dr. is always two times; first time they take your blood (for AIDS test); then they will call second time after the blood analysis is done; if everything is fine, they would sign the I-693 and put that in a sealed envolpe.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV



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  • grupak
    11-20 06:46 PM
    My plan is making the following

    Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor

    Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.

    Any other thoughts from your side would help.


    Suggestion: Let Corporate America handle H1B quota. They don't need our help. Tying up H1B with GC is only hurting us. We are in IV for GC issues.





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  • akhilmahajan
    09-21 09:30 AM
    Folks, the idea of this thread was to appreciate what Pankaj did and i am sure everyone agrees with me that he did a wonderful job.

    To do it or not to do it, is a totally different thing.
    This is a learning process and this rally was done for the first time. So, there were a lot of lessons learned.

    We will do a better job in the next rally.
    Instead of worrying about the rights and the wrongs, lets spread the words, lets get some more local lawmakers meetings, lets educate ppl about the issue.

    Come on folks lets use this wonderful oppurtunity to advance our cause, lets use this positive energy to educate ppl more about LEGAL IMMIGRATION.

    IV is a platform where we can unite and get things done together. IV does its best, but IV wants individuals to try at their personal level.

    Come on guuys so lets start working on positive things and lets keep on moving forward.

    GO IV GO



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  • vpadman
    07-16 10:04 PM
    Is it possible to file I-485 without I-693(Medical) ?

    The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.

    Please advise





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  • mhathi
    02-11 04:00 PM
    AND
    - You will never apply for US citizenship
    AND
    - You children won't need tuition or resident rates when they go to college

    The last point depends on the university. Many accept EAD as sufficient for qualifying as an in-state resident for tuition purposes.

    At least, one I am in contact with does.





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  • jamesbond007
    10-07 02:31 PM
    So sorry to read that story. I wish that family had gotten the help they needed at the right time. I wish he had talked to someone.


    You've ever heard of kamikaze missions help by Japanese pilots during world war 2?

    They were suicide missions to bomb American targets (like Pearl Harbor) knowing very well they will not come back alive. They would crash their planes into enemy targets laden with a lot of explosives.

    Go figure!



    In civilian world, there can never be a valid reason to take someone's life. The only exception I can think of is self defence. Or while defending someone who is under attack.

    Military or any armed force is different; War is different.
    People involved there are trained to follow orders. Their commanding officers give them orders to kill someone, and they follow those orders without question.
    War itself is a sorry state brought upon the human kind by humans ourselves. And unfortunately, the commanding officers in charge of an armed force see even the men/women who make up the force as only a means for their objectives; and they use them as they deem necessary.





    mhtanim
    10-06 06:51 PM
    That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.

    That is it and I shall wait for the letter to arrive signing it off.

    Cheers,

    LRIndy.

    Working in the accounting/financial industry, I have to deal with the IRS time to time. From my experience, I can tell you that IRS care about their customers and if you say something, they will actually listen to you. Their customer service is actually pretty helpful.

    After all you have provided them, if they still cause you more trouble, hire a local CPA and the CPA will work with you to resolve any issues with the IRS. CPAs are usually less expensive than lawyers.

    Hearing your case, it sounds to me that your's was just a random case. I don't think they will bother you anymore. Good luck.





    akhichopra
    03-01 07:47 PM
    Thanks for your kind reply. Yes this income of 40K is after my employer deducts taxes via withholding everymonth from my salary.
    I am confused because I read that you have to declare any foreign accounts held. In my case I dont have any NRI account, I transferred the money to my parents account in India.
    I am not sure if I fall in the category where I have to declare all this. Thanks again for your help.



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