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  • lazycis
    12-18 11:02 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.





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  • qualified_trash
    12-12 01:39 PM
    I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.

    The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.

    possible?? maybe!!





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  • letstalklc
    11-25 03:03 PM
    Great job Pappu and other senior members who worked on this.





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  • mheggade
    12-27 03:53 PM
    Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
    So my glass is half full. :D

    yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.



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  • vivo
    02-12 09:45 PM
    After listening to horrible stories from fellow desi's about Desi consultant companies on how they creating troubles i have created a new site where you guys can post about both good and bad companies which could be usefull to thousands of desi's look at www.desiopinions.com this site is a place where you can freely express your opinions not only about consultant companies but also like apartments training places and many more categories ...if u guys think i am doing some kind of advertising then please ignore this post

    Mods - if u feel this post inappropriate you can feel free to delete

    Thanks
    A fellow Desi





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  • Drifter
    04-01 07:10 PM
    Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS).

    Ramba and others
    Thanks for all your responses, It is clearly the attorneys fault.
    - I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
    - I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
    The error is with the Attorney and it is one of the big immigration firms.

    What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys

    Please help.



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  • sunny1000
    05-15 01:07 PM
    I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.

    I

    I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.

    140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.

    I am sure I am going to get a lot of red dots for this and so be it.





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  • bluekayal
    03-09 12:48 PM
    Report back

    Two people from the CA group met the Constituent Services Manager at the Congresswoman's office. The staffer was very familar with Immigration issues, and the functioning of backlog elimination centers. It was a fascinating meeting at a very personal level with good exchange of views. It is good to remember we meet as individuals with our own histories, struggles and successes.

    On IV goals

    There was more agreement on some of IV's goals than others. For example it might be easier to "Automatically recapture unused EB Visa number from previous year." That goal may have better chance to win out. So we may need to move this item up. So in terms of priority, starting with what the staffer agreed with, Iv's priorities would something like this.

    1. Transparency of DOL-BEC and USCIS functioning.

    2. Automatically recapture unused EB Visa Numbers from previous years.

    3.Convert all 1 year extensions of H-1B, EAD, and Travel Document (Advance Parole) of applicants in backlog to 3 year extension.

    4. Ability to file I-485 even without Visa Number availability

    5. Allow applicants with advanced degrees from the US, or who have worked for more than 3 years in the US on H-1B, to automatically apply for adjustment of status without regard to EB annual limit.

    6. Eliminate dependents from EB annual limit.

    7. Increase EB annual limit.

    We shared the Ombudsaman's report and the couple of pages from the President's economic report of 2005. They were both very useful. It was the first time the staffer had seen the Ombudsman's report. The staffer wanted to use these at at a meeting she is attending :) Thank you IV team, especially Berkeley Bee for ferreting out key bits of information.

    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.

    Finally, the staffer will let the congresswoman know our concerns.

    thanks

    Bluekayal



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  • Znan
    07-25 04:49 PM
    I see your point, I would still prefer browsing and having migranes than paying attention and doing all that the wife says (Impossible exists in one placec for sure-just try doing what she tells you for once:D)

    It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D

    Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.





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  • TwinkleM
    02-17 10:19 PM
    Still your I 140 info does not show up. Also, my pd is of april 2006. But I -140 not approved yet, pending since june 2006. Ur new update is only giving me a good hope.



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  • stuckinmuck
    05-15 11:49 AM
    I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:

    In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.

    Sad to say, Wipro, Infosys and the rest in their flock are no better.





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  • phanta
    07-14 12:58 PM
    - How has greencard changed your life after receiving it?
    - What did you do on the day you received it?
    - How did the long wait upset your life?
    - How did immigrationvoice help you during this long wait?
    - Would you like to continue your support to immigration voice and help others waiting?

    I got my GC after 6 years of application and 10 years arrival. Initially the GC was not a goal, probably a mistake.Later on it felt like it was hampering my dreams. With the passage of some more time, realized that dreams were not really dependent on the GC, but it was a nice crutch. Getting the GC does bring about some stability brought about by the job flexibility, but the lack of one did not prevent me from changing jobs, marrying, having kids, buying a home, or searching for better opportunities. I really can't say, I lost a good opportunity because I did not have a GC, but I did use it as an excuse.
    Nevertheless, not a look a gift horse in the mouth, the GC was a much awaited event and milestone. I am now officially an immigrant, and I did open a champagne bottle on that day and have a dinner out with the family.

    - Any advice for everyone?
    It is easy to give this, since it would no longer apply to me, nevertheless, I would advice one to plan one's life without the feeling of entitlement and the understanding that the GC in itself will not change your life by a whole lot(it will have a lot of impact for some, but on average, lives for most will go on) . The ability to take risks, plan for risks and to compromise is independent of it. If not GC, then something else will replace it. So don't fret, fume or drown in sorrow, it will happen in time, with a constant plod towards the goal.



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  • vbkris77
    06-01 07:53 PM
    Done..





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  • JunRN
    08-22 08:37 PM
    It's 180-days validity. Good for those with H1 or L1 but not for others, who doesn't wish to apply I-140 without their PD being current.



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  • madhu345
    10-09 10:51 PM
    Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.

    Dude...you still remember this Alpheratta GA company?





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  • yabadaba
    05-22 03:06 PM
    They are saying that all those people who were illegal before 1st of Jan 2007 are eligible for Z visa. We all are currently in legal status.
    u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

    i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system



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  • mbawa2574
    07-06 09:02 PM
    Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D





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  • chanduv23
    05-15 12:53 PM
    Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.

    All those big ones were actually small shops. Outplacement is a common practice, the intent of numbers USA and PG is to target anyone who is on H1b and not just desi shops.

    So many desi shops or Amricaan shops do outplacement and pay competitive saalaries and have nothing to do with outsourcing. CIBER and Ajilon are huge outplacement companies, but very rarely indulgein visa gouging as they deal only with transfers and involve in transfers only after client agrees to hire the consultant





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  • Sunx_2004
    07-28 03:59 PM
    I have old I 140 approval notice, Is it necessary to send the old I 140 approval while interfiling. What if the old company withdraw old I 140, How can I interfile in that situation.

    to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
    i have read of instances when the PD was successful and few instances when it was not...
    so i am not sure..what the criteria is..
    but if you are in the same industry..PD porting should not be an issue..

    ....
    i have a feeling sooner or later PD porting may be banned by USCIS..;-)





    ss1026
    08-20 06:18 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

    I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.

    One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck





    asdcrajnet
    07-17 10:59 AM
    California
    ----------
    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement July 11, 2006
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
    I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
    I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child January 13, 2007
    I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 31, 2006
    I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003
    I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001
    I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001
    I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005
    I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005
    I-131 Application for Travel Document All other applicants for advance parole April 09, 2007
    I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 28, 2005
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 13, 2007
    I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 03, 2006
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
    I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 10, 1997



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