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Monday, June 20, 2011

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  • k94
    11-22 02:41 PM
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • logiclife
    01-30 01:07 PM
    Unpaid bench means you are "Out of Status". Not illegal.

    When you are present in the country after your I-94 has expired, then you are illegal.

    There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

    Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

    If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

    About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.





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  • BlueSunD
    03-04 01:39 PM
    Ladies & gentlemen, we are now 6 days away from the due date!

    Hope to see the completed versions of the wips we�ve seen so far, and maybe, of some we haven�t! ;)

    Goodluck to everybody!





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  • go_gc_way
    12-28 11:13 AM
    Thanks Boreal,Subba.

    I looked at the following sites
    1) www.aapkamanoranjan.com
    2) www.lokvani.com (This is a paper magazine as well).

    Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.

    This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)

    Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).

    What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)



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  • akhilmahajan
    09-19 11:27 AM
    What ever stopped the people in MA/NY/NJ to board the buses stopped the people in DC/VA/MD to get on to the Metro train and come to the rally. Its not the distance, as it may seem to you and me, But Its the lack of will, lack of commitment.

    If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?

    All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.

    I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.

    No body please question the commitment.
    About the reason only GOD knows.

    Buses were arranged from MA to DC, Tri-state to DC.
    Buses were fully funded by IV. We just requested ppl to hop on and fight for their own cause.

    Ppl were given every single thing to their doorsteps. We made phone calls, ran email campaigns asking and requesting ppl to share thei questions/concerns. What we did, we did it to our best. Rest is up to the ppl how much badly a change they need.

    So, i hope ur post was to show ur disppointment with the ppl who did not show up, but not to challenge the commitments of any of the volunteers.

    GO IV GO





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  • Aah_GC
    04-25 10:33 AM
    Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.



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  • eastindia
    09-09 01:30 PM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )

    This is a big fantasy.

    EB3 is not going to get current in the next 4-5 years you said.

    Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.

    The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.

    I say we stop dreaming and do a rally in DC.





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  • GT7481
    07-23 08:46 AM
    Assumption : You applied for H1 B from India before comming to the US in that case you did not submit I 94.
    Yup you can work on your new H1 B from oct 07 with out going back to India, you can think about auto revalidation(canada/Mexico).

    GT7481



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  • harish
    05-29 10:05 PM
    Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.

    Received our cards today!

    Good luck to the rest of you waiting on your approvals!





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  • thepaew
    05-12 03:20 PM
    Hi

    I do not know your particular situation, but I know something about MBA programs. There are some things that you need to keep in mind. An MBA degree is not a silver bullet. It comes with a huge opportunity cost. But, let us assume that you have done your research and have arrived at the conclusion that an MBA education is the best option to further your career.

    1. A lot of value from the MBA degree comes from networking and group-work. I do not know how the online programs handle this. But at my company, we would not consider someone with an online degree for most MBA-level openings.

    2.There are excellent part-time options available.

    3. If cost is a major issue, you can evaluate the local state universities in your area.

    I wish you the best of luck. Feel free to reach out to me via PM if you want more advice.

    BR
    thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.

    Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)

    moreover there is increased trend in acceptance of online MBA as major universities are coming online now.



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  • angelfire76
    09-28 05:57 PM
    I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

    Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

    Besides, having finished a graduate degree program in the US is a big contribution to the US either financially and/or academically.

    The most serious issue with the US educated is that when it comes to work that requires a lot of work experience, they are not as competitive as those who went straight to work and has got a lot more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated ones are in a disadvantaged position.

    Considering the fact that the US educated have contributed a lot (some up to 6 years or more of their time) to the US financially and/or academically and still in a disadvantaged position, we do need some special treatments.

    Have I made it clear?


    I got a free ride through graduate school, so I should be ashamed that I didn't contribute financially and used tax payer money to convince my advisor to work on pet projects.Academically too they were more proof-of-concept type projects. :D That was a joke. Point taken. :)

    Hmmm..no I would think that you still need BS+5 to qualify for EB2 while you only need BS+1.5 yrs to qualify for EB2. Where do you think the scale is tipped?
    Also how fair is it that a new grad from college joins Microsoft, Intel (no majority of people who work there are not tech studs)etc. where GC sponsorship is a process versus somebody who doesn't have a Master's degree but great engineering skills honed by experience and works for a start-up. The immigration process is loaded against the startups in case you didn't know. I've seen too many real life scenarios of the above to be convinced otherwise.

    But let's not beat a dead horse and invite the wrath of admins or senior members.





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  • gc_on_demand
    11-12 03:24 PM
    Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.

    Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).

    Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?


    To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.

    What if we end up getting response that there is some action needed from Lawmakers to correct law..

    just random thoughts.



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  • hopefullegalimmigrant
    06-12 06:04 PM
    Sent





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  • sri1309
    10-15 07:31 PM
    I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is XYZ. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.

    Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.

    I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.

    I believe we are educated and sane people, so lets start doing the right thing.

    Enough said.

    " USCIS does realize that there are issues with how it is handling cases.".
    All our efforts are to tell USCIS that we also realize it and we are waiting it to act. You shouldnt say "Hindi movie...". We thought it will work as it was a peaceful way and it did work. And I am very sure it will work again and again. USCIS and others will realize that this is the way legal applicants behave, which is very good. Nothing wrong.. Looks like you had a bad day..



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  • shivaz90
    07-13 10:48 AM
    As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.

    The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.

    I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.

    What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?

    Need some civility here - Please!





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  • neoneo
    09-26 08:40 PM
    Here's a classic example ..

    If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

    I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

    Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.



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  • apahilaj
    04-23 06:43 PM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler

    Does that mean that we won't get any inside news from Mr. Oppenheimer (if I spelled his name correctly) any more..?:) Just kidding.

    Enjoy your freedom. Congratulations!





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  • dilber
    06-06 01:44 PM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

    Congratulations and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours :)





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  • sukhwinderd
    03-07 09:04 AM
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    if anyone wants to offer place at their home please let me know.





    srini1976
    07-02 05:23 PM
    So far most of us have spent about 2 - 3k, lost invaluable time with stress & had sleepless nights.

    DOS & USCIS should not be spared. Lets help IV & try our best to sue them. I just contributed $100.00 and will continue to contribute until the suckers are sued.





    EndlessWait
    07-13 09:35 AM
    GCBy3000,
    Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:

    Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR

    Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?

    I know the Mahatma would have asked himself the same questions before hurling allegations.

    Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.

    AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.

    go figure..u jacko.. this forum is not give publicty to lawyers.
    pls close this thread



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