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  • desi3933
    07-19 04:14 PM
    No I am not his agent. We were expecting this information from some credible source. I did not know your wife runs and maintains a web site when she get time off from her AmWay/QuickStar business. I am referring to ---- http://www.assureconsulting.com/faqs/h1b_transfer.shtml
    Thanks but in future please lead us to govt/fed web sites. Now from here onwards, I am not going to reply to your notes, you simply do not deserve it!

    LoL. You are such an idi***!

    Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.

    Here is another link:
    Immigration Rights and Responsibilities of Scholars in H-1B Status
    http://www.bu.edu/isso/scholars/h1-rights.html

    Search for no later than 30 days after the I-797 start date

    Before you ask: I don't work/study at Boston University.

    ________________________
    Not a legal advice.





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  • chanduv23
    06-19 10:12 PM
    Here is another part of story.

    My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.

    De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.

    I don't know if I am in a trap or something.


    I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.

    U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.

    Don't fall into ur employer - lawyer trap





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  • vinzak
    12-21 12:07 PM
    The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.

    I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.

    Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.

    Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.

    I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.

    So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.

    Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.





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  • LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

    ------------------------

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..



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  • bfadlia
    04-14 04:20 PM
    Call your senator and explain your situation. I have done so in the past after I lost all papers. I have received drivers license on the basis of only photo copies.

    Thanx for your suggestion.. DMV agreed after going up several managers to move the status check date 6 months away for me and my wife. I am planning to renew EAD and use that next time.. the stupidity will be paying the huge EAD fee for my wife just for driver license purpose even though she's not planning to work any time soon.





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  • satishku_2000
    08-20 04:08 PM
    You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.



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  • rayoflight
    04-13 05:51 PM
    Great Job guys. I am proud to be part of IV.





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  • smuggymba
    04-22 12:40 PM
    If this "clothes" thing is used by the cops, the illegal immigrants will start wearing "legal types" clothes and then there will be chaos...ROFL.


    Check this out: Brian Bilbray, GOP Rep., Claims Clothes Identify Illegal Immigrants (http://www.huffingtonpost.com/2010/04/22/brian-bilbray-gop-rep-cla_n_547710.html)



    "trained professionals" can identify undocumented workers just by looking at their clothes......"They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.

    How long before we are targeted based on this rationale (our traditional dresses are easily recognizable!!) ....... These policies will only spiral in the wrong direction, making every immigrant's life miserable - be it legal or illegal!!!



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  • inskrish
    08-05 10:40 PM
    EB2
    PD: May.2004
    Name Check pending.





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  • amsgc
    06-12 08:47 PM
    Mark Kirkoreiean's (or whatever his name is) thesis is that not everyone who gets a green card through EB is a genius, and that is not good for America. "Einstein" here doesn't understand that it takes more than a genius to make a company successful, and thereby create more jobs for your average Joe. If you are in the business of developing cutting edge technology, you certainly need some very smart people in your labs. But the guy who actually gets the product out of the door is your moderately above average skilled employee who knows how to get the job done. The whole argument that America needs the "best and the brightest" only is terribly flawed. And what better example than this Kericorien (or whatever his name is) character himself. In his testimony, he suggests that EB should be limited to EB1, and that too, to about 15K. Great, these 15K people will be able to do the job of the 500K gainfully employed individuals whose EB application is pending. Super! Good luck with selling that Mark.

    After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!

    Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D

    Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.

    And now a little prayer to calm down Soul!
    "May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D

    P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.



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  • gconmymind
    04-24 03:57 PM
    This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).

    You must have already done some of this - try to contact your local Congressman, Attorney, Employer and try to find more info. This is completely unacceptable. After the PIMS introduction, I am hearing a lot of horror stories. It never used to be so bad earlier.

    How can the consulate keep passports for so long? Basically, they are even barring you from taking any journey anywhere abroad. Why?

    National security and background checks are a must but with someone who has been in US for 5+ years (or for that matter even once) should already have been verified.

    I am assuming you do not have AP or do not want to use it...otherwise you can ask for your passports, abandon the visa application and enter US using AP. Talk to your attorney if you try this..





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  • starscream
    06-23 09:38 PM
    Related article:

    Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)

    Cornyn Calls on Obama to Present Immigration Reform Plan

    Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.

    �What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.

    �The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�

    Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.

    Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�

    �There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.

    But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.

    �We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.

    Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.

    Schumer will also attend the White House meeting Thursday.



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  • webm
    05-08 02:45 PM
    To all the sufferers, please pursue your case with vigor at every opportunity.

    I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.

    Congrats!! pal..





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  • eb3retro
    10-24 04:08 PM
    You deserve a gc right away after such a long and painful wait. Dont lose hopes.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?



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  • lostinbeta
    02-02 11:48 PM
    I voted ;)


    It was a tough choice between Soul and Eilsoe, but I chose my choice and voted.



    all were excellent entires though.



    Bravo.. Bravo







    :evil:





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  • Soul
    02-09 12:15 PM
    Thanks Big K :ub:

    - Soul :goatee:



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  • leoindiano
    12-18 10:09 AM
    He is dead against H1B. Not sure about Greencards.

    He is a good freind of obama. I just hope he wont be chosen for labor secreatary post which is one of the two those are empty at the moment.





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  • paragpujara
    11-29 12:09 PM
    Nah Man. No FP yet. I called USCIS last week and customer service said they have sent some notice and she was not sure about the type of the notice. I will wait till this Friday and will try to contact USCIS again on Monday. Will keep you posted. Also I didn't file DHS 7001.

    Guys,

    Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?

    Thanks and good luck.





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  • scorpion00
    04-23 12:14 PM
    Done. just sent to white house and local senator.





    saimrathi
    07-06 03:21 PM
    Maybe the podcast is released the day after the news is telecast? Any idea?

    Yup thats what he told me
    :D





    GCOP
    04-22 04:12 PM
    I just wrote to the President on the link
    http://www.whitehouse.gov/Contact/

    I will also write to the Member of Congress and Senators of my State.