Thursday, June 30, 2011

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  • walking_dude
    10-31 03:49 PM
    It's possible that USCIS may issue a NOID instead of straight denial, when I-140 is withdrawn by the employer, if they have AC21 letter in the file. (It's a possibility, not 100% guarantee.)

    With a RFE/NOID you can continue to work while getting the issue resolved. Not so with the denial. You can't work till the issue is reloved, and you need to file MTR (costlier than a RFE). So it's basically a matter of risk-reduction though it always doesn't produce the expected results.

    I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?





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  • pcs
    06-15 10:35 AM
    All the past experience from members is requested & is appreciated

    Thanks





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  • nrk
    10-22 04:27 PM
    Isn't it strange, card production ordered mail and Physical card on the same day.

    My coworker and his spouse got both physical card and CPO mail yesterday on the same day itself . His PD is Jan 2005, EB-2 India and Nebraska service center.





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  • amsgc
    11-04 12:09 AM
    Good one, thanks.

    check out my blog on AC21

    http://immigrationvoice.org/forum/blog.php?b=12



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  • never_giveup
    09-10 10:41 AM
    Called almost everyone on the list and urged for support.

    To all others like me, who are hesitant and are not sure about the talking points. Below is something that can help.

    You would most likely be talking to a person taking messages and not the congressman/woman directly.
    And you also dont have to explain them the details of the bill, as they are very well aware of it. All you have to tell them is it is about HR5882.

    After one or 2 calls, my message was standardized and this is what I used in all the calls.

    Good Morning. I am calling in regards to the bill HR5882. (Pause for the other person to give you a go ahead and then continue). I would like to express my support for the bill and would like to request the support of Congressman/woman for the bill. If you can pass the message to the Congressman/Woman, that will be greatly appreciated.

    Thank You and have a Great Day.

    Some of the offices will ask you for your phone number and address, go ahead and give it to them. No harm.

    And some might ask you where you are calling them from. My reply to them was - I am calling from the state of VA. I also reached out to my district's congressman, but also wanted to request the support of Congressman XXXX and so am calling your office.

    I was initially hesitant and was not sure as to how to put it together, but it was real eazy and quick. After some calls, I even called up people who do not suppor this like Steve King, etc. It was only a matter of a call and letting them know our opinion. All that I lost was 2 minutes of my time and no money for my unlimited phone plan.

    Not sure how much help it will be, but surely cannot hurt. It would atleast draw their attention due to the large call volume. Yes, some offices told me that they were receiving lot of calls for this bill.

    So go on... do your part.





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  • ashres11
    09-20 01:00 PM
    What case related info you would add in an email?
    SSN, dob, 140 info, approval date, Alien number?
    Pls. share this detail
    Thanks

    tracking no. and date and time.



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  • redddiv
    06-26 09:08 AM
    Dont do it. Why? you might ask?

    Just think, if you use a lawyer you might have to spend another 500 to 1500 bucks. But you will have a no problems in filing (especially with out errors).

    We have spent thousands of dollars so far in getting a GC and at this stage dont mess up to save a few paltry bucks.

    You may be finding that your lawyers are'nt approachable a this time. But this is the case with everyone, as they are getting hundreds of calls.

    Get a lawyer, fill the application and leave blank and stick notes at which ever field you didnt understand. The lawyers will definitely look into the applications and file it quickly. make sure you tell your lawyer to use the overnight courier to file and bill you the same.





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  • kshitijnt
    01-29 05:07 PM
    I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.

    This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.

    Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.

    regards
    just anotherone of the expendable non-citizens

    All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.



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  • shahuja
    02-08 02:26 PM
    I had my interview for an H1-B at N. Delhi consulate on December the 5th, 2007. The consulate officer told me it needs administrative processing and gave me a pink slip. I was also told that it may take anywhere from few days to 7-8 weeks. Today is February the 8th, 2008, and am still waiting on my visa. So if its any consolation to you stuck_here, I'm stuck here for almost 65 days now. Given that I have a PhD in Chemical Engineering, I might have fallen under the Technology Alert List, but, still, the wait time seems ridiculous. Any ideas from anyone about if there is anything I can do on my part to expedite the matters? Thanks.
    hi mamit, is this yourfirst time H1B or renewal..and are you doing anything to help this situation ?? like calling what nymbers ?? and did they tell you it was TAL and were you told why the delay is ??





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  • as_rudra
    01-22 08:19 AM
    I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.

    G

    Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.



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  • Macaca
    02-21 10:50 AM
    Broken Borders and Dover Sole: My Lunch With Lou Dobbs (http://www.nytimes.com/2008/02/21/opinion/21thu4.html?ref=opinion) By LAWRENCE DOWNES | NYT, Feb 21

    So I was having lunch at the Four Seasons with Lou Dobbs the other day, locked in disagreement over who cared more about working people, him or me.

    Him: CNN host, biggest and loudest gun in the battle for tougher immigration policies, leader of a nightly crusade to expose the misdeeds of those he views as elitist fools and scoundrels.

    Me: editorial writer whose views on immigration qualify, to Mr. Dobbs and many others on his side of the debate, as elitist, foolish and scoundrelly.

    Meeting at the Four Seasons was his idea, to continue a long, civil and inconclusive phone conversation about immigration. I got there early and waited at Mr. Dobbs�s banquette. I looked around the hushed room, full of dark suits and a wintry glow. Mr. Dobbs appeared and settled in, his drink, cranberry juice and seltzer, materializing at his right elbow.

    In the spirit of the occasion, I ordered strictly within our borders: lobster bisque, filet of bison and New York tap water. He had the Dover sole.

    Among people whose immigration views I admire, Mr. Dobbs has a reputation as a hopeless blowhard. I did not dwell on that at lunch. I was his guest, and I had seen what happens if you try to skewer him with insult or accusation. Mr. Dobbs is unencumbered by self-doubt. The granite fortress of his certitude is smooth and featureless, and whatever boulders you hurl at it will end up on your head. Besides, I was looking for something better than an argument. I wanted to convert him.

    An honest person must concede a lot when arguing immigration with Mr. Dobbs: Yes, the borders and ports are insecure, and poor countries like Mexico have done too little to solve their economic and migration problems. Yes, illegal immigration hurts some Americans, globalization causes many global problems and big corporations love to stick it to the little guy.

    My point to Mr. Dobbs was that the little-little guy � the �illegal alien� crossing our �broken borders� � was the wrong target. His overriding emphasis on solving globalization�s many ills by urgently sealing the borders strikes me as populism gone astray.

    First, it�s ineffective, because the country will never be ziplocked as tightly as he wants it to be. The price of trying is too high, and it ignores the millions who enter the country legally but overstay. Most shamefully, it does nothing to resolve the fates of the 12 million undocumented already here.

    Second, the obsession with enforcement dovetails with the agendas of some nasty people: the nativists for whom immigration is a simple case of brown and white, of preserving �American� culture by keeping Latinos out.

    Third, it does too little to attack the evil corporate elites that are Mr. Dobbs�s sworn enemy. What makes illegal immigrants so delectable to big, bad business is their illegality � their willingness to work cheap and under the table. So why not legalize and tax them? Assimilate the good guys, as this country has always done, and save law enforcement for the bad ones.

    The idea is to confront abusive corporate power with worker power. If day laborers end up in our suburbs, where the money and jobs are, then give them safe places to gather and help them work together to keep from driving wages and working conditions down. If companies take advantage of workers, empower the workers to fight back: as union members, legal residents, citizens.

    But that�s �amnesty,� a Dobbsian expletive. It�s the opposite of the crackdowns endorsed by him and the hard-liners he praises, like the Minutemen.

    Mr. Dobbs listened graciously and budged not. He said he respected immigrants, even illegal ones, who he felt had gotten an unfair shake from their governments. He reminded me of his fondness for Cesar Chavez.

    Then he repeated his immigration credo. It went like this: the 1986 immigration law was an amnesty promoted by corporate interests waging war on the middle class. Thus the 2006 and 2007 reforms were also amnesty, pushed by the same self-serving plutocrats. So nothing they want is worth doing � at least not until the border is sealed.

    That could be a long time. While we wait, I am going to keep trying to convince Mr. Dobbs that a comprehensive solution � enforcement plus assimilation � is the best expression of the populism he espouses.

    Mr. Dobbs admits that mass deportation would never work, although if you press him on what to do about the 12 million, he has no answer. He wants to hold that question �in abeyance� until the border is sealed. I find that oddly passive for someone so convinced of the dangers from the aliens in our midst.

    I told him that, and he smiled. The lunch was over. I didn�t wrestle over the check because there was no check, just a goodbye from the staff. I got my coat and walked with Mr. Dobbs to his car. We shook hands and I thanked him for the discussion. He made me promise to continue it. I assured him I would.





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  • desi3933
    01-30 06:23 AM
    Another thought... they might have been confused with EAD through L1/B1 etc dependent and EAD through pending AOS. The first case is temporary and depends on the primary applicant status. See if thats their concern and clarify...
    Good luck!!!

    yagw

    It does not matter. EAD is unrestricted employment authorization and has no conditions attached due to basis it was issued. Of course, EAD can be revoked due to basis no longer available (such as expiration of L2 Status), but person can work as long as EAD is valid.

    Form I-9 Employment Verification - Form I-9 Services from Form I-9 Compliance, LLC (http://www.formi9.com/form-i9-faqs.aspx)

    [From the link]
    Q. Can I avoid reverifying the I-9s by not hiring persons whose employment authorization has an expiration date?

    A. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice.
    ---------------------------------------------

    _________________________
    US citizen of Indian origin
    Not a legal advice



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  • rangaswamy
    03-31 06:51 PM
    On an unrelated note, is there anything to gain from writing to congressmen and asking them to check on the case when it is current?

    What do you state in the letter while requesting them to check with USCIS? I remember some folks did write to their congressmen last year around June/july when they were current.





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  • FrankZulu
    06-25 01:40 PM
    PERM EB2 India
    PD:Feb 2006
    I-140 Approved

    BEC EB2 from same company
    PD: Dec 2004
    Just approved today


    I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
    as I don't want to take chance with refiling I-140 for PD Dec 2004.

    In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
    PD for my pending I-485 if dates are current for that PD?



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  • sbindval
    06-22 03:39 PM
    Me - EB2 Labor pending applied May6th 07.
    My Wife - EB3 Labor and I140 approved (PD Dec 2006)
    What should I do? Thanks in advance.
    -S





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  • anjans
    09-20 08:00 PM
    July 2nd



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  • kph
    06-29 05:20 PM
    My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..

    Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..

    Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?

    Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...

    I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.





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  • smisachu
    07-11 11:04 AM
    I agree with immi2006. We set ourselves apart by the Flower campaign indicating that we are law abiding and peaceful.

    If some one can come up with a format which shows the tax dollars we have paid so far and the social security we have contributed and we can extrapolate it to encompass the total estimated number of EB immigrants. That would be a sizable number and will wake everyone up. If we distribute this to all the Senators/Congressmen and media it could have a huge impact.

    Maybe all IV members can send the two figures:
    Lifetime tax paid- One figure
    Contribution to SS- One figure

    We can put this in a presentable format with a write up and publish it. More ideas and thoughts please.


    Guys,

    This should not boomrang on us, let us do it with caution. Food Delivery etc can look mean.

    What we can think of is Sending your tax statements for 5 years to tell them how honest we have been and how much we contributed to economy..
    Sending it to local senators ?.

    What dou think ?





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  • prashantc
    01-31 03:28 AM
    We had our interview on January 17th in chennai Consulate. Interview was smooth - which company.. how long you were working for the company and what do you do there.. these were the questions. We were told at the end that we will receive passports within a week.

    So far We ( H1B extension -- 3rd time and my wife - H4( 2nd Time), have not received the passports. I already postponed our date of travel to Feb 5th. Looks like I have to postpone again.

    Frustated..
    Calling VFS daily to hear the same news.. Passports not been handed over VFS. The VISA is still under process.

    Called Consulate Twice ... they say they are doing security checks..

    for how long???

    Vamsi
    Hi, Vamsi, All,

    I just called the Consulate for the umpteenth time in 4 weeks. The lady was very rude, and did not even listen to my questions. Here is how it went:

    Her: Consular Section
    Me: Good Afternoon madam.
    Her: Hmm.
    Me: I want to know the procedure to withdraw a visa application.
    Her: You can send an email to us, stating that you need to withdraw the application, stating I-797 details.
    Me: Ok. Do I need to submit anything else with the email?
    Her: You need to submit a copy of the I-797 and a letter signed in original by you.
    Me: But how can I sign the email?
    Her: You cannot just email. We need original signed letter in courier. (note she said email before).
    Me: And how much time does it take for the passports to return once you receive that letter?
    Her: 3-4 business days. Ok. (she is about to hang up).
    Me: (In a hurry) Madam I had one more question for you. Would you be able to track my passport also? It has been over a month since the visa interview, and we are still waiting for the passports.
    Her: It is (couldnt hear) PIMS (couldnt hear).
    Me: So has it been processed already, or is it in PIMS processing still?
    Her: It is in PIMS. (wow, what a short answer).
    Me: Can you tell me where is it stuck? May be I can get help from the company lawyer?
    Her: Sir, you have to wait for the administrative processing to finish. I cant give you any specific details as to what is going on. You just have to wait. If you dont want to wait, you can withdraw the application. (she hangs up. Thats right, she hung up like this!)

    My company lawyer suggests that I withdraw the application, and use the AP to get back. Now I am not sure if they will return the passports faster than they will stamp them. What a mess!!!!

    Help dear God!





    soni7007
    08-07 01:24 PM
    LOL...

    This reminds me:

    Car = $30,000
    iPhone = $200
    House = $450,000
    Icecream = $2.50
    TV = $500

    There are some things money CAN buy, For everything else, there's GREEN CARD
    (i don't know what everything else is though...LOL)


    To add a few more conditions to the aforesaid situation...

    This is 2008.. Both JE and MBA are thinking that they will get their GC in 2009...

    Meanwhile they start arguing.. and many like them join their verbal-struggle..
    Because of this, IV community is divided.. Earlier only 200 people used to respond to action items .. now because of the rift only 100 do... this weakens the momentum that the campaign had..

    Meanwhile, NumbersUSA et all increased their efforts..
    Anti-immigration forces are united and under their pressure all the EB relief bills fail...

    Election is close USCIS shifts the focus to FB visas..
    EB backlog, retrogression goes up..

    JE and MBA still fighting their verbal fight... in same line.. still fighting with words... with few more years added to their wait-time.





    mamit
    02-26 05:52 AM
    Have there been reasons other than Pims for delays? I see a lot of 221g cases in the forums. Are these due to PIMS?



    I had my interview for H1-B (first stamping) at N. Delhi consulate on 5th December. I was given a pink 221(g) form, and it's been almost THREE MONTHS and I'm still waiting for my visa stamp. My lawyer contacted DOS and they said it was awaiting a "security clearance" and were not able to say anything about how much time it would take. Hope it helps.



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