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  • skd
    07-11 12:23 AM
    we should not do nitpicking





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  • desi3933
    06-16 11:54 AM
    .... Why should they even extend H1 beyond 6 years?. If they do not extend H1, always new guys can keep coming on L1/H1 and the cost to employers will be much less. .....

    >> Why should they even extend H1 beyond 6 years?
    This is a very good question. When I was on H-1B visa, at that time, it can not be extended beyond 6 years. At that time, people will move to home country/Canada for 1 one year, plan to move to O visa if qualified, will try to regain time for out of US time etc. The argument was gaining strength that person should get green card before her/his 6 years are up. To make matter worse, H1 and H4 time was counted together.

    Now, rather than providing the long term solution of increasing the quota for green cards per year, EB based applicants were offered band-aid solution of extending H1 indefinitely beyond 6 years if labor is pending > 365 calendar days or I-140 is pending/approved. This was further sugar coated that if I-485 is not approved in standard processing time of 6 months, applicant can change GC job for same/similar classification. People were very happy with AC-21 and many thought (and they still think) that getting EAD is like a provisonal green card, as they can change job easily and employer can no longer "control" them.

    Now, since H1 can be extended beyond 6 years, the arguement for faster green card has become weaker. Reason is simple, since applicant can work for "green card sposoring" employer for infinite time, even if I-485 is not filed.

    In my opionion, ac-21 was a band-aid solution. Strangely enough, perople are still looking for more band-aid solutions.

    Well, as they say, history repeats itelf.


    _________________________
    US citizen of Indian origin





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  • reddy77
    01-25 09:59 AM
    We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks





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  • bazuka6
    08-09 10:58 PM
    Amazed at the level of speculation, inspite of the detailed Procedures released by Rajiv Khanna ( and re posted by IV) .

    I am one without an EVL, sent after new memo took effect , that has been recipted and finger printed.

    So please read the 485 USCIS procedure again, and do not worry about sending endless 485s just because of lack of initial evidence




    I doubt that. Medical was relaxed since it can take time for people to get the medicals done. Also immigration doctors were all busy at this time. So it is possible that people arent able to get the meds done by the Aug 17 deadline. The other documents like EVL shouldnt take this long. If the employer is willing to provide future employment to someone then it should be sent along with the application. Whether USCIS will relax for lack of Initial Evidence other than Medical is hard to say. It is always better to be safe than sorry.



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  • abhijitp
    07-31 03:21 PM
    question: can I file without employer letter
    For an employment-based petition, in order to proceed and be valid,
    they
    need to still INTEND to be employed by the sponsoring employer if and
    when
    they get their green card. The employer however, does not need to sign
    any
    forms per se with relation to the adjustment petition. If the alien is
    currently working for the sponsoring employer (on H-1B or other) he or
    she
    can port or transfer employers without penalty or without losing the
    green
    card process 180 days after they file the I-485 petition. At that
    point,
    they can change employers and work for whomever they wish (provided
    they
    have a valid work permit)

    The forms which need to be filed with the I-485 include;

    Form I-485 for EACH applicant with $325 filing fee ($225 if under age
    14)
    Proof of approved I-140
    Form G-325A for each applicant
    G-28, if attorney involved
    Form I765 Work Permit (optional) (filing fee of $180)
    Form I-131 Travel Permit (optional) (filing fee of $170)
    Fingerprint fee of $70 for each
    Medical examination by INS approved doctor
    Passport, visa, approval notices and I-94 card showing all years in the
    US
    in valid status and maintenance of status
    Marriage certificate, birth certificates of children.
    Form I-134 Affidavit of Support (notarized) or I-864, with tax returns
    (1
    year must be attached, but income for three years must be listed); job
    letter from the alien's current employer; and pay-stubs.
    If the alien is NOT yet working for the sponsoring employer, I like to
    include a letter from the employer stating that if and when the alien
    gets
    his residency, they still intend to hire him or her.

    Hope this answers the questions.
    Is it possible for us to ask, what are the chances of rejection solely based on the lack of the Employment Verification Letter? If too high, it is a better idea to re-submit. If not a high risk, might as well wait for the A# and then send out this document.
    I was present on the conf call on Sunday and wanted to ask this question in the end, but we ran out of time, I have sent her a follow up email with this question (no response yet).





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  • seahawks
    09-14 12:31 AM
    you guys might want to talk to your attorneys. Most of the time attorneys ping with their contact in service centers and get some answers if it is still not receipted.

    Most of them have an email id whom they contact and find out normally. I am not sure if service centers are responsive if there are huge amounts of data entry still going on.



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  • jambapamba
    07-09 06:39 PM
    Is this the height of creativity or what....

    Flowers were sent as part of protest but in gandhigiri way...and they are acknowledging in gandhigir way too...!!!





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  • gc_on_demand
    09-09 04:39 PM
    bump



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  • whitecollarslave
    08-06 10:15 PM
    Who is funding this?





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  • Canadian_Dream
    10-02 03:41 PM
    Nope, I got only one set. A friend of mine got two set he and his spouse filed each other as dependent.
    Here is a question for multiple I485 Filers:
    Did you get multiple fingerprinting notices for each applicant too?



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  • gc_on_demand
    09-09 12:01 PM
    Called up all the above

    ~~~





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  • alias
    08-07 02:29 PM
    If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.

    I like what you say. That attitude helps long-term for leadership! Selfishness and mean attitude is only shortsightedness.



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  • gg_ny
    08-09 04:11 PM
    If a bad person who is going to fail a name check is already in the country, then name checks are not going to deter him from doing his thing. Just because a name check is pending without a GC means nothing to a potential bad guy.
    If a foreigner tries to become a governor or tries to join a govt agency he goes through a lot more special screening than just name checks. It should be up to the FBI to fail or pass a name check and all benefits should be revoked if the FBI fails a name check. This is going to be rare and there is no need to fight the battle for somebody who fails a name check (which is where your argument is so extremely stupid). It happens in other spheres too, sometimes people lose their jobs after many years if the company finds that you falsified information like degree etc.

    I am not going to stretch this discussion beyond this as it seems to me spiraling out of limits of reason. Of all the things you said to support your argument, the first part of your latest mail will kill any support you might get from any normal person. From your arguments I think may be you should change your name to "stupiddesi". YOu would even clear your namecheck easily; or may be not - too many of them ;-)





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  • saimrathi
    07-10 12:50 PM
    Any updates to this.. This was like hours ago..

    News from the front line
    by english_august

    Siva tells me that hundreds of flowers have been delivered already. DHL made a big delivery this morning. Another delivery was made by UPS.

    They have Voice of America and CNN-IBN there recording video and taking pictures. Reuters TV might show up soon.

    Kudos to everyone who kept the faith.



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  • onemaveric
    09-13 11:26 PM
    Travelling in the same boat.





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  • CADude
    09-27 01:59 PM
    Today I have frank and candid talk with senator office staff. This time I put FIFO question in forefornt (becoz I know what she will hear from USCIS). She promised to raise the issue with USCIS senior staff. She requested to give my concern in writing again. Let's see if she makes any difference.

    Two issues raised with her in writing:

    1. My I-485 Adjustment Application was delivered and physically received to INS Express, Nebraska Service Center, Lincoln, NE on July 2nd 2007 @ 11:11 AM via USPS Express Mail (Tracking No. EXXXXXXXUS). It’s approx 90 days. I didn’t even receive the Receipt Notice from NSC. Please help me track the fate of my application.

    2. USCIS follows standard practice of First In First Out (FIFO) process. USCIS website reports issuing Receipt Notice for I-485 application received on August 2007. Why August received application are getting Receipt Notice and subsequent benefits (EAD, AP, etc) at the expense of July 2nd filed application? NSC have to work first on receipting and subsequent process of July 2nd application before NSC start working on July 3rd to August 17th Application. It’s unfair to applicant like me. I want honorable senator ask USCIS Management basic question, Why FIFO process is not followed?

    Either I will get a RN or my application will be back to me soon. :)



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  • garybanz
    01-08 02:29 PM
    I will participate in this wholeheartedly. One suggestion to the admin: perhaps we can post this in other websites also like ? I know a lot of people use that site for posting problems etc and whoever is not in IV might also get to know about it.

    I hear that the guy who runs is not very helpful, but it will be great if we can have a link on Sheela Murthy's web site. She might like to help us out.





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  • spatial
    08-20 01:17 PM
    That is not true...If you look at the Visa Bullettin, it says

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".


    Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
    EB3 gets EB1 only if it is not used by EB1.

    I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.

    Thanks,
    G


    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.




    "





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  • logiclife
    01-24 05:57 PM
    There are a few praises about Jet Airways in previous posts.

    Let me set the record straight. They have miles to go before they start claiming themselves as "world class" international airline.

    I was on vacation past 2.5 weeks to India and here is my experience.

    Regarding Jet Airways poor customer service:

    On return, my Jet Airways flight from Rajkot (Gujarat) to Mumbai was delayed by 2 hours. Its only a 55 minute flight from Rajkot to Mumbai. Because of this, my connection of Delta airlines from Mumbai to New York was missed. Delta gave me a seat on plane the next day. Same flight - but a day after. So now, I was stuck in Mumbai, with huge luggage for 24 hours. I asked Delta for Hotel accomodation. They said, its not their fault and its Jet Airways fault and I should ask them for Hotel.

    I went to Jet Airways customer service in Mumbai airport. They said that they cant find a single room in Mumbai due to some exhibition/conference going on at the time. A major international airline, shooting for stars, cant find a Hotel room in a city as big as Mumbai. Frustrated, I went to a government agency office (IATA I think) and they said that they dont have anything nearby, but can arrange something 30 kilometers away, and it was a sub-standard hotel and room. I paid out of my own pocket and stayed there a night. It was Rs 2000 (about $50) for this hotel plus taxi.

    The next day, before boarding Delta flight, I went to Jet Airways office again and told them that I found a hotel room on my own and see if they can re-imburse me for the hotel expenses. If they had paid themselves in Hyatt or Grand Meridian outside airport, it would have been more anyways. The manager of Jet Airways said that they cannot do it and I should scan the reciepts and my boarding pass and email customersupport at jetairways.

    An hour before this happened, the office didnt even have anyone in charge in office (at about 7:00 PM). The agent said, the manager isnt here. I asked, "who's in charge", and she said "No one is in charge right now, you have to come back at 8:00 when manager comes in".

    What I am saying is, Jet Airways has miles to go before it can take pride. Just starting flights to Newark, Chicago doesnt make it a great airline. Neither does good food. Treat customers well, and atleast do a better job than government offices when it comes to locating hotel rooms for stranded passengers who are stranded due to their fault.

    Mumbai Airport security harrassment :

    My flight was just past midnight and I checked out of hotel at noon. (I had to). With 12 hours and nothing to do, I headed to Mumbai airport. At the airport, they dont let you inside the building unless you are a passenger. The security guard at the door said that I need to come back at 9:00 PM and I cant go into the airport right now as my flight is at night. I told him that I am not coming to airport to enjoy the lounge and I am stranded due to missed airline connection. He didnt listen. I was sitting outside the building until about 8:00 PM with all luggage.

    Now I understand that security is important, but what's the point in stopping someone and letting them inside only 4 hours prior. Because if there is a nefarious person planning something bad, what can he/she do in 10 hours that he/she cant do in 4 hours. How does it enhance security by limiting the presence of passengers inside airport? Well, you cant argue with knuckleheads.

    Inside airport, I ran into a German lady and a guy from Netherlands and both of them were in the airport since the afternoon. They said they argued and they were let in. Basically, the Indian security forces at the airport wont argue with Europeans and will let them inside the airport but will go extra lengths to harrass people that they are comfortable harrassing - their own people.

    So we can ignore London airport. Fine. Are we also going to ignore Mumbai airport now?

    The best way to avoid harrassment is to stand up and fight it. Because avoiding this airport and that airline is not going to cut it.





    amitjoey
    07-09 07:06 PM
    We should send emails to Jon Stewart, Stephen Colbert, Jay Leno, David Letterman, Conan O'Brian, Jimmy Kimmel etc.

    They have tremendous amount of viewership and seems like a perfect material for these shows. I will send email to these guys but if more and more peple can make them aware of this development, this news can potentially snowball. :D

    I have been sending emails, as and when I see email addresses, I think we need a YOUTUBE video recorded tomorrow. Anyone in DC?>





    pmb76
    07-14 07:34 PM
    We should not let go of this.
    Being a congressman he should not misuse his first amendment to utter false statements.

    Dear congressman...i pity your lack of knowledge on H1B program and USCIS policies... We can help you understand better....Please do not make a fool out of your self.... I hope people do not look at you as a moron...and we wish you all the best in your political career.
    Ha..Ha :D - That is funny. He indeed should be sent an e-mail saying just that.



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