Monday, June 27, 2011

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  • saileshdude
    05-15 09:42 AM
    Mishras,

    If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.




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  • GTGC
    03-24 04:16 PM
    Awesome job Mark...thanks for explaining our plight in a nutshell and educating people about living conditions around the world :o




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  • pappu
    12-19 06:46 PM
    core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.




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  • fide_champ
    08-04 05:41 PM
    Please see my answers inside:

    I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
    I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,

    Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.

    Now I would like to take up H1B in a month time, following are my questions


    1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
    Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.

    2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
    Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.

    3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
    you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
    Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
    !



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  • rockets12345
    10-29 09:54 PM
    Hi,

    I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.

    As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.

    My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.

    Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.

    Any feedbacks are appreciated.

    Thanks




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  • amsgc
    01-23 06:48 PM
    I can't think of any issue - as long as you have all the papers, seems fairly straight forward and routine to me.

    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?



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  • Brittanicus
    04-22 08:38 PM
    First and foremost we are a nation of laws, or as we are all anticipated? But years of previous administrations have neglected the illegal immigrant problem, to the detriment of American workers. Ever since the inception of the 1986 Immigration & Reform Act, signed into law by Ronald Reagan, the politicians have pushed for a new AMNESTY. In addition, anytime a new law has been drafted to combat the illegal immigrant occupation of our country, they have behind closed doors killed it or weakened it's enactment. The law of given instant citizenship to babies intentionally born here, is a complete misinterpretation of the 14th amendment, after the civil war that emancipated African slaves.

    It was never meant for (Anchor Babies) to give pregnant illegal alien mothers the right to legal status? The law has been badly mauled because the children can then draw on US education, free medical care, free baby delivery and after care, low income housing and it is a route to many government handouts. The major problem now facing the Obama White House is are the children of illegal immigrants to blame for their parents breaking the law? Obviously the left-wingers are to blame for this conundrum, but both parties have added to neglect to the sovereign laws of our nation. I think we should follow other countries "Rule of Law" and cement in place that children who have proven themselves can go to a place of higher learning. We desperately need a wide scope of professionals in Engineering, Science and 21st Century technology. But also remember that our government settles the largest population of new immigrants on Earth. What we don't need is more poorly educated, non-English speaking, impoverished aliens, looking for handouts. Like other developed nations we must be very specific, who we pick and choose as new citizens. We must also restrain ourselves from chain migration, who are liable to become a public charges, because the family sponsors have decided the US taxpayer should carry the financial weight?

    We can thank our corrupt liberal politicians, judges in the past as drafting a passive law, instead of entering America being a criminal offense. Now we have uncountable number of illegal aliens squatting here, because of the absolute intentional neglect of our lawmakers. Is there any other country in the world, that makes illegally crossing into their sovereign territory a Civil Crime--I really don't think so? Our laws deliberately drafted this way in favor of the open border, big Catholic church and special interest groups. To HXXX with the American people, who are forced to fight for their jobs?

    But if American defeat the next Amnesty ready to pounce on the unsuspecting legal population, we must make an example in using the 1986 law. We as a people must build-on the E-Verify application, upgrade, modify to extract illegal job applicants from the workplace. Illegal immigrants who have overstayed visas, illegal crossed the border and children must be exempt from any pardon. All children of illegal parents that have committed crimes, been expelled or just deserted school should leave with parents in the usage of self-deportation. This is a compliance way to remove foreign nationals and any criminal businesses that employ them, must receive mandatory, fines, asset confiscation and prison terms. The use of a in-perpetuity E-Verify will be a ultimate deterrent and see movement of illegal labor and families packing and leaving under the term of "ATTRITION" We must force our reluctant politicians to be governed by--THE PEOPLE'S--WILL or face the dire consequences in the election process. This will surely happen when Sen. Reid, Speaker Pelosi and 48 other Senate lawmakers come up for re-election. They underfunded E-Verify, that obviously is working efficiently for them to kill it. Today I have heard Homeland Security Chief Janet Napolitano is approaching State governors to appeal the Real ID Act, that would add national standards for state-issued driver licenses and non-driver identification cards, Revising and tightening the laws on application for asylum and deportation of aliens for terrorist activity. That wouldWaiver laws that interfere with construction of physical barriers at the borders, to name a few statutes. So that means since the new Presidency, the Democratic run Congress are trying to revoke E-Verify and the Real ID act. My guess, is under this regime they will be rescinding the Federal program for State and local police called 247(g) that trains officers to arrest and detain illegal alien criminals.

    The open border, free traders, special interest groups will use any contradictions, epithets, racial slurs to annul any new law--which they have done successfully up to now. But American should realize strongly, that this has nothing to do with a persons color, religion or ethnic background--and EVERYTHING--to do with being--CARTE BLANCHE--for parasite employers, who pay nothing to illegal immigrant upkeep? It's left to Taxpayers? Its everything to do with billions of dollars spent, to pacify the big Catholic church, a portion of Liberal voters and others who see nothing wrong in loading citizens, residents down with sky high taxes. Supposedly the last White House promised no thoughts of a Path to Citizenship until the border was orderly and closed to undesirable With another drafted and secret Amnesty on the House and Senate table, like always--this is not the case. Drug smuggling and incessant illegal immigration is still very prevalent. The rumors from the new White House are clearly signaling another push for AMNESTY?

    So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.




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  • sparklinks
    09-23 09:09 AM
    Did anyone get reply/response from this after emailing ?



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  • illinois_alum
    06-06 04:58 AM
    See responses in red below. Guys...I don't understand why there's so much of confusion. How is it that you can't figure out what the manner of your last entry was??? If you used H1 then it has to be H1, if you used AP then has to be PAROLEE! In any case, this is stamped on your I-94...just check there.
    Hi illinois_alum and sanjayc,

    I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:

    1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status

    2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one

    6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485

    Thanks for your help.




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  • ivar
    02-07 09:51 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D

    gc_peshwa, SGP

    I am used to visiting IV everyday so i don't think i will stop that and i will also be donating for few months from now.



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  • hopeful08
    04-21 12:29 PM
    Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.




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  • eastwest
    12-05 12:11 AM
    Count me in for $100.00
    Go IV Team....

    Thanks



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  • logiclife
    01-01 11:03 PM
    I have been looking at a lot of posts on this Rajiv Khanna�s immigrationportal and there seems to be a lot of confusion about who is legit and really interested in our cause and who is faking it to collect money and run with it.


    I agree that its hard to trust someone you�ve never met and get involved in discussing strategy, participate etc let alone cut a check of $50.

    LET ME BE CLEAR ABOUT SOMETHING HERE:

    I have no vested interested in diverting people from any website to any website and re-divert people from one organization to another. If you know someone who works for you and you trust � fine. Go with it.

    I personally am really really mad at the retrogression going on in EB GC. I applied for my Labor in Sept 2004. Got it approved in June 2005. I have been sitting on my hands since. I-140 is in process. With the speed things are going now, I will have GC no sooner than 6 years.

    AND I AM JUST MAD THAT AFTER ALL THESE YEARS�I CAN�T EVEN APPLY FOR I-485.

    Then I came across this website on the morning of 31st DEC and then looked at immigrationvoice.org. Talked to a couple of people on the phone from immigrationvoice.org. I am going to post tomorrow�s agenda of conference call RIGHT HERE.

    If you want to participate in this call, either to suggest ideas or to check out if we are legit or not, just register on immigrationvoice.org (ITS FREE) and send an email with your phone numbers (its free) so that we can verify that you are legit and not a heckler who is going to disrupt the conference call.

    If you still are not convinced and trust someone else, go with it.

    Another thing�immigrationvoice.org is only 4 days old. Bear with us if we are not perfect. But we will surely be fully functional with all the bells and whistles before you know it.

    AGENDA for tomorrow�s conference call:

    A) GENERATE PUBLICITY ABOUT IMMIGRATIONVOICE.ORG.
    Spread the word that this website is going to consolidate all efforts to have provisions to eliminate retrogression. Convince people that immigrationvoice.org is legit and operated by people WHO DON�T HAVE GC/CITIZENSHIP and are waiting in line for GC.

    B) GATHER FACTS FROM BOOKS, AUTHENTIC SOURCES.

    There are at least 3 books out there that deal with exodus of talent from this country either due to cultural reasons or due to hostile immigration policy. These books claim that there is competition for talent out there (�Talent� being people like H1Bs, researchers, engineers etc) between US and other countries and USA IS LOSING. Check out �Flight Capital� by David Heenan and �The flight of the creative class� by Richard Florida.

    We want those facts to convince congress that eliminating retrogression is not only in an immigrant�s interest, BUT IN THE INTEREST OF AN AVERAGE AMERICAN EMPLOYER. We are not looking for a frigging charity or a handout. We are not saying �O dear congress, give us a green card and we shall be eternally thankful to thy congress�. That is a wrong strategy and an unnecessary one.We are legal immigrants. We are not looking for amnesty. Just a fair deal for people who stand in line for GC and play by the rules, pay their taxes, protect their status and obey the rule of the law.

    We are looking to consolidate an already existing symbiotic relationship. A win-win situation.

    C) INFLUENCE CONGRESS.

    By this time, anyone who is not living under a rock knows that there is a comprehensive immigration bill coming up before congress. The bill will be introduced, debated and most likely passed. The question is whether or not the retrogression relief measures are included or thrown out.

    We need to plan a strategy to

    1) Convince congress with FACTS and NUMBERS how the current H1B program has given an edge to US employers and contributed to the society in general and how it is in America�s interest to put this symbiotic relationship on a solid ground by speeding up Employment based green card.
    2) To work with congress, devise a strategy to meet them in person, as many as possible. Create an A-list of senators and congressmen who have the most say in committees and sub-committee hearings. We would work to communicate and convince these men first and then have a message machine to send a blanket message to ALL.


    If you are still not convinced and go with someone else or go with do-nothing-and-hope-for-best strategy, then go ahead.

    OTHERWISE register and participate. And you wont lose a dime by doing that.




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  • BPforGC
    07-15 10:24 AM
    I am in Houston and if you plan to organize a rally, I am in.

    I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.

    Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.



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  • go_guy123
    05-19 03:50 PM
    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.

    Exactly the point. Years of H1B and B1 abuse by IT consulting vendors have brought to this
    state.

    The case of DSK , IMF ex-chief proves one teh point. I go agree he is innocent until guilty.
    But yes he had lots of problems with women in the past....and got away because all were in Europe.

    US is different and what looks like a minor issue B1 sent to work like H1B eventually gets the spotlight and faces severe crackdown.




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  • zCool
    03-24 04:25 PM
    I heard whole segment and it was great advocacy Mark.
    I think the guy who called afterwards nailed it right..
    I don't know why folks don't emphasis injustice built-in per country quota..
    If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
    We should hammer this point everywhere..
    I have spoken abt it and no one can really say any good counter-point..
    IF the pain was shared across all the nations, you bet there would be more support across the board..
    Also per-country quotas are really relic of pre-1965 European only immigration policy..
    Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!



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  • abhatti
    07-16 02:56 PM
    where do you all see/consult for updates or news on USCIS activities?




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  • pbuckeye
    03-30 07:10 PM
    How about your client directly sending the agreement to the consulate .

    I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)

    And folks - try to shed the negativity and keep the thread on topic




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  • ivgclive
    07-25 10:00 AM
    Wait a minute....

    So, it does not matter whether you have GC or not,

    Dealing with USCIS and paying lawyers are part of rest of your life....




    morpheus
    04-02 09:44 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.

    From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.

    Can anyone refute this?




    chanduv23
    11-09 09:36 PM
    People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.

    That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.

    There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.

    Paskal will know more on the politics involving physicians



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