Thursday, September 1, 2011

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  • sku
    12-18 07:32 PM
    I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007

    I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.

    My future employer will not file H1-B, So I have to start on EAD.

    What should be process for me to do the same

    * Do I need to file AC21
    * If yes, Can I do the AC21 with same or Different lawyer

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  • nfinity
    09-21 07:00 PM
    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............

    Exactly who are you referring to when you say "WE"? You werent there my friend...

    I think you should rephrase the sentence as

    Yes YOU did the rally YOU were great with all those signs, and appearing in the Indy TV

    .. and had a ton of fun meeting people
    .. experiencing the true power of democracy
    .. walked the walk..
    .. handed people flowers and enjoyed their smiles
    .. were honked for cause people supported
    .. heard mark explaining the "disease" while ROFL our ass off.

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  • gk_2000
    11-03 04:47 PM
    It is high time, we support this initiative from Senator Menendez.

    "It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill."

    Is it updated in Thomas, govtrack, etc? I didn't find it..

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  • eb3retro
    04-16 01:04 PM
    Can anyone please give any advise/ideas on how to deal with this?


    did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...


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  • helloh1
    01-26 05:20 PM
    hey thanks for the replies....
    I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.

    I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?

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  • kart2007
    05-17 12:52 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.

    So I assume you told this to your neighbor who lives downstairs :D


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  • dontcareanymore
    04-16 04:12 PM
    Do you have 10+3 (Diploma)+1 or 10+2+3(Diploma)+1. If the second case, is 10+2 a requirement for enrolling in to the diploma ?

    a 3 year diploma after 10th standard is not a bachelor degree. The US bachelor degree has 16 years of education.

    How is the equivalency justified in the evaluation ?

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  • pady
    08-20 04:01 PM
    I guess this link is for H1 violation.

    I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.


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  • gcganapati
    05-29 09:46 PM
    Guys ,

    Please vote yes and leve some comments

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  • akhilmahajan
    07-10 10:18 AM
    I think we should dedicate one day on leaving messages at his show. Lets make it a saturday/sunday. All the members can leave messages, asking him to be fair.

    I know a lot of ppl will come back saying its of no use blah blah............

    whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........


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  • wonderlust
    10-06 12:44 AM
    I called too. They told me that NSC needs 2 month to process it--presumably, getting the FP notice out to me.

    incompetence of USCIS is beyond comprehension.
    Why CSC WHYYYYY??? :(
    You gave me EAD, you gave me AP, you gave me receipts......why did you put me back at the mercy of NSC again? WHYYY? you knew they suck!!!
    No FP yet for me or my wife. Been calling CIS.....feels like talking to a wall.
    I guess we CSC transferees are DOOMED!!!
    There shall be light at the end of the tunnel....or it could just be an incoming train :-)

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  • shamu
    01-13 08:15 PM
    We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.

    As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.

    The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance

    Thank you nixtor.


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  • rajmirk
    05-26 12:24 AM
    I think that people are talking about a combination of things that makes a contry attractive. Chicago is cold, but that's just one of the many live cities in the US. You have options here.

    Take this scale of racism and good luck of it. .

    I totally agree.

    Guys thinking of moving to Canada - i have one advise. Try to work there for a short time - maybe 6 months and then see if you really want to immigrate to Canada. (Maybe as a consultant)

    It is a beautiful country, no doubt. But opportunities, racial tolerance, good standard of living etc, all need to be considered while making such an important decision of one's life. Immigrating for reasons other than above is going to back-fire and a lot of lost-time and heart-breaks.

    I have said this earlier and am saying it again - our home-country should rank much higher in our priorities than going to a country other than the US. I have been living in the US for a long time, worked in Canada for enough time to offer such advises.

    Good luck!


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  • BharatPremi
    09-19 03:54 PM
    Your analogies are the best :)

    Yes, That was the only way I could think of dealing with dumbheads.


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  • alterego
    07-25 01:31 PM
    I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.

    Let me jump right in!

    Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.

    In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.

    And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.

    Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.

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  • nixstor
    07-06 06:30 PM
    Has the program aired on CST? It starts in minutes in EST. Let me know, if it has not been aired today.


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  • sheela
    09-19 10:22 PM
    Do you watch cricket? If you want quick results you might want to watch 20-20 cricket. You can see the results within a few hours.

    Things like legislative changes take time. We may think that the debate on illegal immigration has nothing to do with our issues but the corrupt Senators will always try to sneak in some reform related to illegal immigrants into our bills in exchange for their votes, ultimately derailing the entire bill.

    We sincerely need to work with the law makers--the guys in the immigation committees, in particular. Please, desist using 'corrupt' senators. Debates in democracy are always healthy. We must emphasise our points, gather support from aila our employers and beneficiaries and respect a system.

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  • abhijitp
    07-07 08:50 PM
    If you are in the West, Nightly News is on right now and this news is coming up shortly.

    It was for about 2 minutes. The first time this issue got TV coverage I guess.

    Anyone captured it on video?

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  • GCwaitforever
    09-15 06:52 AM
    In my opinion, having the right skills and qualifications is one's security, and that�s what I have always banked on while moving so forward on a H1.

    I agree with you on this part. Many people became complacent after finding a good job and lost their edge. This applies to even GC holders also.

    On the other hand, I find it extremely difficult to penetrate the upper levels of jobs with just H-1B alone. Horizontal growth does not fascinate me any more. GC is the key for upward mobility.

    11-30 03:45 PM
    could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

    infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

    - mortgage rates are one.

    1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.

    2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.

    3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.

    4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).

    5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.

    6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)

    7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)

    07-19 02:44 PM
    Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.

    I tried CIS press room, but couldn't find it. And i'm sure that about couple of weeks back i saw that memo (which states if initial evidences are not present, they might reject/deny a case without RFE). It was posted on this board and now its very hard to search with few words.

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