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Wednesday, June 22, 2011

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  • belmontboy
    01-16 03:38 PM
    Every profession has its own set of problems, like ours.

    In addition to issues at profession, we also carry the GC burden

    As buddha said "desire is root of all evil". In pursuit of wealth, fame, good life!, we forget to live our life.

    If you are looking for peaceful job in this current economic scenario, i don't think there is any.
    I sometimes wish childhood had lasted my entire life.





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  • immigrationmatters30
    09-19 02:06 PM
    Do you guys think this is good time to stop consulting and joining a full time job(even though it pays less), if we can find one.





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  • hopefullegalimmigrant
    06-12 06:04 PM
    Sent





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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.



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  • nawlinspoboys
    09-28 09:39 AM
    Well said Akhil. Its all about personal choice. But if you ask me USA rocks! I have lived in 6 states (south, north, midwest) in my 9 years of stay in USA..Never had a single problem with racism. All my bosses were fair and nice.... Even my university people were very friendly and accomodated me in their culture without hesitation. I see more racism and discrimination in India. We discriminate "big time" against our own back there. Plus back in India we have political unrest, communal tensions, riots, strikes..lot of uncertainities. Lets live in USA with pe@ce and make good life...





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  • nojoke
    01-22 11:57 AM
    Nothing is right or wrong, as meaning of quality of life is a very subjective thing.

    In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.

    In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.

    Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.

    "Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.

    My issue is not with the quality of life. Don't we need to consider the risks associated with the quality of life? I see that there is a sense of entitlement that you should live your american dream or whatever at whatever cost.



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  • dpp
    06-13 10:40 AM
    I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.


    Yes, it doesn't look real. it is definitely cooked.





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  • gcdreamer
    03-02 12:01 AM
    To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

    1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

    2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

    3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.



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  • keshtwo
    08-15 05:22 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    yeah pretty weird. What does that mean to spillover in next June on wards? I hope its not a negative, too soon to tell though.





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  • nomi
    12-12 04:57 PM
    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?



    12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)

    According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable

    http://www.immigration-law.com/



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  • tapukakababa
    07-03 03:54 PM
    I have contributed $100 yesterday. We can do it.





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  • wizkid732
    07-29 03:42 PM
    Never been in a dire situation??

    August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby


    poor sod! ???? No Comment :-)


    @wizkid...Nice job!! Go on and pile it on the poor sod!

    You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!

    @uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.

    I wish you all the best and Take care!



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  • nirenjoshi
    11-12 03:51 PM
    I am tracking the pace at which the FOIA requests are moving forward..
    Request #NRC2008064184 moved from
    65283 out of 66115 on 11/6/08 to
    64565 out of 65477 pending requests on 11/12/08

    At this rate, its moving ahead by about 100 requests per day. It will take 2 years to just get these requests cleared. And this particular request was on Track Two. Most others are on the Complex track which might take even longer.. :(





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  • cdeneo
    03-07 02:28 PM
    Can someone please shed light on this - I was looking for the same information.

    What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

    Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

    One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

    Thank for all the advise.

    ---------------------------------
    Contributed $100.



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  • webm
    03-17 01:14 PM
    Category: EB3 India
    PD: Oct 2001
    140 AD:Sep,2005
    485 RD:06/25/2007





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  • srikondoji
    08-03 07:35 AM
    It is not possible to revert back to the system where we were allowed to concurrently file I-140/I-485.

    The only practical thing that can fought for and achieved is increase in number of visa numbers per year and faster processing.

    Even, if visa numbers are current, they will not accept concurrent filing.

    just my 2 paise.



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  • cn0568
    07-22 11:58 PM
    I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
    I would like to know the following.
    Can I join the Company B from Company A without going back to India after Oct-07?





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  • gsc999
    04-23 10:44 AM
    This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this.
    Many thanks to gsc999 for bringing a banner and wearing IV T shirt
    ---
    Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.

    Go Northern California Group, Go IV!





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  • gcisadawg
    12-16 05:50 PM
    Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    Kumar1,

    You never know. GE was considered the bluest of the blue chips! Look at what is happening! Within no time, it fell off the cliff! How many storied wall st. investment banks are left standing? If open source takes off with real wings and an efficient replacement for MS-office ( already started to come) arrives, MSFT itself may not be there to answer 'RFE' issues...

    Btw, I believe we are here because we are needed. High skilled or not is a different issue. For some, nothing is Rocket science except Rocket science itself! Why would anyone give us a H1B visa, renew it year after year and allow us to apply for Green card? They can easily pull the plug by

    1> Stopping all future H1Bs first...No more H1s from Fiscal 2010 onwards.
    2> Existing H1Bs who havent applied for a GC will not be allowed and have to go after the term ends. ( you might see H1B substitution where a guy with 5 years left on his H1B can trade for the highest bidder)
    3> Existing H1B who have applied for GC and in various stages of processing....would either be rejceted OR asked to re-start the process under stringent guidelines.

    US should be doing all or some of the above if they think H1Bs are NOT needed.

    Peace,
    GCisaDawg





    babu123
    07-13 01:36 PM
    What Murthy did is right job. We should not blame her as she did it lately.
    I am not her client.
    There are so many lawyers in US, But none of them wrote letter to USCIS.

    This is not the time to blame her. This is the time to unite with her and do protest. Remember she is asking on our behalf.





    gvenkat
    10-10 12:57 PM
    Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?



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