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  • dilbert_cal
    10-08 11:51 AM
    If a person has a copy of 140 approval, can he/she port the PD even
    if the employer revoke it?

    thanks
    babu


    Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.

    There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.

    One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.





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  • guyfromsg
    07-16 10:15 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

    Medical reports are part of initial evidence and without them the case could be rejected. I think the new guidelines give the officers power to reject the case instead of asking for RFE if initial evidence is missing..





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  • Green.Tech
    03-18 12:05 PM
    ...and the confusion regarding this rule continues :)





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  • va_labor2002
    06-22 03:55 PM
    I agree .. this should be tried. I do not know heard about this minister before,
    my apologies but by title of Ministry he seems to be a appropriate to apprach
    for help.

    The Ministry of Overseas Indian Affairs is headed by Vayalar Ravi, who has the rank of a Cabinet Minister. On the administrative side, a Secretary to the Government of India heads the Ministry.

    Presently, the Ministry is organized into three functional divisions and three functional units. Of the three Divisions, two are headed by Joint Secretaries. They are the Diaspora Services Division and the Financial Services Division.

    The Protector General of Emigrants (PGoE) heads the Overseas Employment Services Division. The Social Services Unit and the Management Services Unit are staffed with officers of the rank of Deputy Secretary. The Information Services Unit is headed by the Senior Technical Director (NIC).

    Check out their site;

    http://www.overseasindian.in/

    Ministry of Overseas Indian Affairs
    9th Floor, Akbar Bhawan, Chankya Puri
    New Delhi - 110 021, India
    Phone Number: +91(11) 2419 7900
    Email: contact@overseasindian.in


    Indian Embassy in Washington DC
    -------------------------------
    Chancery
    2107 Massachusetts Avenue, NW
    Washington, DC 20008
    USA - 20008
    Telephone: (202) 939-7000
    Fax: (202) 265-4351
    Embassy Hours: 930 AM - 600 PM


    Mr Vayalar Ravi is a good politician. He is very reasonable and educated person from Kerala. He was a lawyer by profession. He can understand our problems !



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  • a_to_z_gc
    04-04 01:16 PM
    The track of L-1A is very tricky, there is lot of scrutiny/audit before they get their GC. So grass may look greener by looking at the example of one person, but there may be many other guys whose application was denied, which you may have not highlighted...





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  • loudobbs
    08-29 01:23 PM
    Thanks Ajju


    They won't wait for your PD to be current to issue FP Notice.

    Also, I don't think (my 2 cents) its advisable to travel before FP.. You never know when it will come and if you miss it... its considered as if you ignored it... They will issue one more FP notice before closing your AOS application...

    So its needed to keep track of FP notice...



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  • eb3_nepa
    04-21 11:04 AM
    I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,

    I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.

    H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market

    Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,

    Please do not say negative things against the H1B visa guys. Remember if it was not for the H1B, you guys would be in ur home countries right now. Let us all please stop abusing the VERY priviledge we have. H1Bs are FREE to change jobs at will. If you dont like your job CHANGE IT or GO BACK. Slaves cannot change jobs OR go back to their own countries. We cannot expect the system to start bowing to our wishes everytime we dont like what we currently have. No i am not an anti immigrant, Yes I am from India and stuck like the rest of you in retrogression. Right now i would walk a million miles to obtain an H1B visa for my spouse who is stuck in limbo coz of this H1B lottery.

    Also this discussion is FUTILE. IV now after 2 years of slogging has a "NAME BRAND". Logiclife has explained that this name cannot be changed. It is a good idea to be called "Legal Immigration Voice" but it is TOO late now. Instead of discussing this let us help the Current Immigration Voice name to achieve success.





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  • vnsriv
    03-03 10:56 AM
    I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.

    After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.

    I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.

    My strong advise to everyone is to send their passports by mail.


    Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.



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  • chanduv23
    02-11 10:50 PM
    ???

    Hmmm.. What are you implying Chandu??? :D

    Not to be a fence sitter





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  • lord_labaku
    01-07 11:57 AM
    What were the auditors doing?

    Is this just the tip of the iceberg. We know thats true in the US as well. Publicized scams/scandals are usually only an example of what goes on in general (GAFFS !!) Generally Accepted Financial Fraud Schemes instead of GAAP Generally Accepted Accounting Principles

    Whats with all these white collar crime in the world...have people forgotten how to earn a honest meal??



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  • needhelp!
    03-17 12:56 PM
    IV does have a very large reader base and I do agree to an extent that this is free advertisement for the lawyers, and no real benefit coming to this community from it.





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  • snram4
    01-18 02:48 PM
    Useful info from Murthy.com

    If anyone faces similar situation they should try to withdraw to avoid 5 year ban
    The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
    �MurthyDotCom
    We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
    �MurthyDotCom
    We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.

    Things are getting worse in 2010... I hoped it would get better...



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  • nixstor
    03-15 01:49 PM
    I asked this same Q on the last conf call with Susan Henner and she said that they will not do it. As her H1 application will have an indication that her H4 is pending, they will mostly issue an RFE to prove her H4 status thru Sep 30th or wait for the H4 to be approved before aproving H1. You should be approved soon. last month processing times said they were doing dec 21st right?





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  • EkAurAaya
    11-28 07:27 PM
    Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)

    It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.

    I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!

    Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!

    Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!



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  • yabadaba
    06-16 03:27 PM
    I think gas price is a non-issue. Gas in India is more expensive than in the US and considering the income there, the effective cost is even more higher. And yet, people continue to buy more and more without regard for increasing gas prices.

    The same logic applies here. Back in 2001, once gas prices starting going up and in places where gas cost $1.30, it hit $1.50 which people found "shocking". And yet, there wasn't the slightest reduction in the number of cars bought. Even now, with all the dismay at soaring prices, nothing much has changed. Freeways are just as jammed as ever.

    The fact is, the American is well equipped to deal with $6 prices. The reaction we see is is just due to the unpleasant thought of having to pay more. It is not a showstopper by any stretch of anyone's imagination. At the worst, it just means they will have to cut back on annual vacations which is not a big deal for us, but obviously a catastrophe to the average American.
    just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.

    That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.

    So for people who say gas is a non issue, think again.





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  • superdude
    07-13 01:15 AM
    waiting



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  • nixstor
    01-23 01:50 PM
    Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing along with her I 129 to show that she is maintaining status?

    Any one??





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  • hydboy77
    08-19 09:57 AM
    The realistic answer is no. It is almost impossible to get eb2 in software jobs. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney have a policy that they are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2.

    we are living in a different age now where there are reports that USCIS is sending out invistigators to look into even ac21 cases. Enforcement has gone up, hint :last year h1 got filled on day 1, we are almost 6 months since h1 opened and only 45k h1 have been filled, the reason is USCIS is giving all sorts of rfe, so nobody is filing for h1. Forget about porting as in this environment you will not even find somebody doing eb3, only day dreamers will think of some company willing to file eb2 in software.

    My wife has more than 5 years of US experience and we cant even get her employer to file Eb3 because they are saying they are getting tons of resumes in response to advertisement and they dont want to do any green cards for atleast an year.

    As slim a chance as it is, visa recapture or some administrative fix like a temporary green card or relaxation of ac21 regulations like same semilar job restrictions is our best bet.


    Hi All,

    I am on H1B from 1998, 12th year and counting.

    I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.

    I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.

    I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.

    I think that the dates for EB3 will not move any further in any near future.
    My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.

    Please advice.

    Thanks in Advance.





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  • desi3933
    02-11 11:54 AM
    I agree with High skilled educated "illiterates" version part. Sad, but this is a bitter truth.

    I have many friends that have pending I-485 application and almost all them act/behave as if they are green card holders. May be, it is due to feel good factor. May be, they feel like GC holder as spouse can work and/or start business. Infact, when asked about visa status, they state that they are almost green card holder.

    Well, I hope they all get green cards. Having said that, until I-485 is approved, person is not green card holder.

    In my opinion, EAD is a step towards green card status as it allows some freedom (AC-21, spouse can work), but it is just that, a step.





    anzerraja
    07-20 09:29 AM
    Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

    So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?





    tonyHK12
    02-25 09:39 AM
    I would prefer to have quality of members over quantity of members. (I am only talking about dedication of members). Am I being judgmental? Maybe I am. But I believe my logic is right. You see, the person who does not want to register is also being judgmental, unapologetic, and he probably believes in his logic. He is entitled to his opinion (as I am), however, IV should not sacrifice its integrity to get members who do not believe in it.

    I agree, we are an organization and at this point we haven't even asked people to compulsorily donate for Advocacy. I would say, not registering on IV is being extremely narrow-minded and being a crab (benefiting IV?).
    Thousands of IV members have created an account on that site, so what is the problem?



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