Monday, June 20, 2011

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  • Canadian_Dream
    11-17 06:00 PM
    Yes as long as you have an approved I-140 you can continue to extend H1B beyond 6 years.
    The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:

    1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)

    2. Is your H1B status depend on the I-140 on which the extension is granted ?

    So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".


    What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.





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  • tonyHK12
    04-01 09:19 AM
    /\/\/\





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  • reddymjm
    10-15 01:31 PM
    do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D

    I hate flower campaigns. If we do one more for sure it will go to 1900 if not 1800.





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  • Abhinaym
    07-03 10:26 AM
    ...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?

    Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):

    1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)

    2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?

    Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.

    Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?



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  • nomi
    12-12 02:25 PM
    I agree. Who or which department of USCIS has the authority to decide they will disallow concurrent 140/485 filing? If that department has the authority to make such a decision they probably have the authority to
    1. allow filing of 485 without visa number availability,
    2. allow people to start thaie name check process once 140 is cleared and everyone is waiting for priority dates to become current.

    There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? at the USCIS press release? May the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them out auggestions.


    I totally agree with you. That`s what I am saying too. I am glad that you got my point instead of refering me to INT. There are ways and we have to find out. I think core team should guide us in right direction
    thx.





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  • mirage
    02-06 09:40 AM
    You got my point, sir!!!
    Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
    A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
    We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............



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  • jsb
    08-11 09:21 AM
    We need our messiah VLDRAO...
    He s the MANNNN...
    he predicted July 2007 fiasco and then he was the guy who fought for us...
    VLDRAOOO where are you...
    Please make dates current for everybody...

    Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.

    They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.





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  • ash123
    02-12 04:04 PM
    We have to wake-up before same continue while EAD/AP renewal



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  • sanju
    04-04 03:30 PM
    Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?


    Your posts seem to suggest that because we (collectively all of us on the forum) have not yet agreed to a �meaningful reform� of H-1b,that has prevented fixes to the green card process? Is that what has truly delayed fixing the current green card backlog?

    Secondly, we do not have to choose between the one and the other i.e. we do not have to choose between supporting Durbin-Grassley bill and delay with the green card. Do you think that supporting Durbin-Grassley bill that contains absolutely nothing to fix green card delays will somehow speed up the green card process?

    We (all of us when calling lawmakers) HAVE to differentiate between increase/decrease in H-1b and green card delays. H-1b is not our issue and we will be better of staying as far away from that issue as possible. If we have to call, then we should call in to support a bill that has our provisions, rather than a bill that has nothing for us or maybe stuff that would hurt us.





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  • feedfront
    09-21 12:23 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



    Thanks.

    Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

    You can hold your H1 transfer for a week or two till you don't respond.

    I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

    I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

    I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

    Good Luck!



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  • unseenguy
    05-26 11:05 PM
    Just carry a copy of I-94 or EAD with you all the time. Just keep it stapled to your insurance or in your wallet and forget about it.





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  • meridiani.planum
    07-28 12:07 PM
    To all the above liberal minded people who said what's wrong with this. Lord Ganesha is symbol of intelligence and soma (the divine liquor) is not associated with Him.

    Now what if your faces or your parents pictures are put on toilet seats and covers. Do you say the same thing?? Now there is no difference between you guys and M** F** Hussain who choses our God to draw objectionable pictures. You all are hyprocrites.

    beer != toilet seat.
    picture-of-Ganesha != picture-of-your-parents.

    Please dont sensationalize this and try to make it news when it is'nt.
    People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.

    Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.



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  • fcres
    07-23 03:52 PM
    This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf

    And this is the inter office memo
    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.

    Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.





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  • msgrewal81
    02-19 03:08 PM
    :D No more arguing by me :D



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  • luvschocolates
    08-20 09:59 PM
    I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
    I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.

    I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
    How do I handle this?
    They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
    I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.

    Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
    I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
    Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?





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  • gc_lover
    07-18 09:19 AM
    some applications have already been rejected, mostly on July 2nd but a very few.

    Do you know if these applications were send back right away or they are still holding it?

    Where did you get this information, can you please post the source?



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  • prioritydate
    01-18 12:20 PM
    Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!

    Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.

    I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.

    H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.

    Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.


    Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!





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  • sanjay02
    11-27 02:42 AM
    Hi
    For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?

    When I applied for financial aid they told me that since I dont have my greencard Im not eligible



    Thnks
    Sanjay





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  • EB2IndianGC
    09-23 01:48 PM
    We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
    Your Case Status: Card/ Document Production

    On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

    Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?





    rajuram
    10-17 12:28 PM
    I will do the request.

    Do want to note that I had made this suggestion several times last year. But no one in IV leadership paid attention. I had argued that without exact numbers we can't make a good case with the lawmakers. Good that people have decided to wake up now!!





    immigrant2007
    03-12 10:29 AM
    Sorry to break your heart. People use a the words like "ass" and "dick" all the time, nobody really mind reading these words. Why would the same words in Hindi be so offensive ???
    Think about that.

    You called me Dick Head, would it be fair if I call you Lund Ka Topa. Its the same thing, just translated.

    Apologize if I offended someone else, I was trying to be funny.

    Haribhai
    Tranlsation of dickhead is not correct (there might be some interpretation on your part)



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