Friday, September 9, 2011

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  • shamu
    01-10 11:16 AM
    Shamu

    Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.

    Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.

    Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.

    Medicaid, I believe I don't quality because of my pay.

    I am looking for some payment options from Hospitals which take care from prenatal to Delivery. I have individual insurance but, that would not cover maternity insurance. In Texas you would not get individual insurance with maternity.

    But I have learn't that when you have individual insurance would cover all complications of delivery, including new born baby, but not regular delivery charges.

    I hope some one on this forum would have some good information which would be helpful to me.

    Any one reading this post, please provide your suggestions or ideas. That would be really helpful.

    Thanking in advance.





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  • jsb
    12-18 04:20 PM
    Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.

    Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.





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  • naushit
    08-07 01:04 PM
    My PD is August 2003
    RD = 17th Jun 2007
    ND = 18th Jul 2007





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  • desijackass
    07-13 06:44 PM
    i think its great that you made a contribution as soon as you got your green card. Most people would have just removed themselves from this forum and not bothered. Thank you.



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  • Jimi_Hendrix
    12-12 03:23 PM
    Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
    1) Apply for I140
    2) Have I-140 Approved
    3) Apply for I-485 only if their priority date is current
    4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
    5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application





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  • bobzibub
    02-01 02:25 PM
    OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)



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  • gc_waiter56
    05-15 11:41 AM
    because of the abuse of H1 & L1 by these companies, people who have actual job offers in U.S are not able to apply for H1b. These companies do a kind of visa gouging wherein, they get H1b approved and stamped for all the people they have on payroll in their offshore centers whether they are needed here or not and then, send them when they projects. This is nothing but visa gouging by this companies and abuse of the intent of H1 & L1. Although the bill has gone too far and tried to penalize everybody but instead it should look at stopping the visa gouging





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  • ss1026
    08-20 06:18 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

    I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.

    One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck



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  • lfadgyas
    07-22 09:42 PM
    Although I�m happy with my current employer I just wish for having such a problem � you have to wait 5 more months � or maybe 6 and there you go.
    We have to wait years here and have to be careful for everything � renew EAD, renew AP in time (how about H1 and L1's not able to file for GC ... ), oh yeah -do not change job or if you do you have to be conform with certain things; and do not be laid off since other than not having income it sucks a bit from the immigration side too�; and so on, sorry guys something is really f�. up here;
    Hope all turns out ok for all of us - and that includes you also.... :)





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  • Almond
    07-17 11:24 AM
    I think a employee of immigration service center should get $100 bonus for completing one application. This will definitely improve their productivity.

    And with the new fee increases, that should be nooo problem right? :o



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  • lotsofspace
    01-04 10:18 AM
    yes don't wish for two wives.
    One wife itself is sufficient to cause life long agony and u r wishing for too!
    Indeed a brave fellow and should be given a GC on national interest waiver

    NIV ? Or the Extra-ordinary ability ;)





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  • mygcstory
    07-16 11:24 PM
    But the EAD/AP is a good band aid indeed, for many



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  • godspeed
    11-03 01:36 PM
    no, its called covering our behind, if in future something comes back to bite ;),
    As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
    Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
    In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?





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  • conchshell
    07-25 01:15 PM
    It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D

    Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.

    I know how you feel Chantu ... but what to do they all are from venus :D



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  • sledge_hammer
    07-19 11:24 AM
    This is a good piece of information...

    This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............





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  • Pineapple
    01-03 10:36 PM
    This does raise some valid questions... For instance, what about children from, say, a previous marriage? What about children when the couples are not married? Do the children qualify under FB visa?

    I realize this has nothing to do with EB immigration, and that such cases are relatively uncommon. But still, if someone with expertise and experience can comment, it would add to the knowledge base, and who knows, someone might find it extremely useful.



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  • zachs
    02-10 05:40 PM
    Send letter to WH & IV. I have forwarded the IV message to many of my friends.





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  • jai007
    12-20 02:48 PM
    Recently I had a very bad experience with CGI Houston. The CGI Houston is one of the horrible consulate that any one can imagine. I applied PIO card for my new born. I forgot to send the birth certificate with the application. They rejected the application and sent all my documents to my friends home address who was also applied PIO card for his child. Surprisingly he got one more guy�s (he is from another state) PIO card application and documents in the same package. I was lucky enough that it reached my friends hand. Otherwise I could not imagine what would have happened to my application and also the Certified Check.

    I don�t know the consulate want to save courier money or they are irresponsible?





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  • eb3_nepa
    06-28 10:34 AM
    Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,

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

    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
    The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.


    EVEN MORE REASON to rush and file before the USCIS stops accepting applications.

    rajakannan, you seem to be talking out of ur hat.





    HarshJ
    10-02 01:22 PM
    Hi,

    Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.

    Received EADs and APs on Sept 25th from CSC.

    Sept 18th notice received that I-485s have been moved back from CSC to NSC.

    Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.

    When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".

    My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.

    Any other ideas what this all means would be appreciated.

    Seems like a ping pong ball being hit from one center to another with no result
    :(





    micofrost
    06-02 01:55 PM
    [



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  • psgprasad
    03-28 02:10 PM
    Dear Michigan Members,

    This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin - Michigan and members of Immigration voice namely
    Gajendra Prasad
    Stanley Samuel
    Manoj kumar

    We emphasized the following points
    1. We are not talking about H1 increase.
    2. Reverse Brain drain impacts.
    3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
    4. Delays in normal processing.
    5. Impact of Backlogs on America competitiveness.
    6. Impact of Backlogs on immigrations careers and their contribution to the industry.
    7. Details of Presidents State of union Address for legal immigrants.
    8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
    9. Requests of immigration voice.

    We quoted our personal life experience and the hindrances we encounter in our career growth.

    I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.

    He also suggested, to contact the media, which we are doing and also told,
    he was also aware of immigration voice and its good doings.

    He also told the Senator voted in favour of CIR 2006.

    He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
    He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
    Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
    I will be sending a Thank you letter soon to this Staff.

    We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
    1. Senator Debie Stabenow - Michigan.
    2. Congress Man Mike Rogers - Michigan 8th District.
    3. Congress Man Tim Walberg - Michigan 7th District.

    Actions Items.
    1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
    2. Contact Michigan Public Radio for an interview on our issue.
    3. Contact Lansing State Journal for an article on our issue.
    4. Follow up on other Law makers.

    Thanks
    Gajendra Prasad Sankaranarayana





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  • tinku01
    02-17 09:11 PM
    thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.

    Thanks everybody we need your support to come out of this situation.





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  • ebizash
    05-30 09:44 AM
    Voted YES

    Its good to see 166 Ayes and 0 No!!





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  • vrbest
    11-26 06:49 PM
    I am not expecting anyone to agree with me.. I dont depend on the company I work with.. I have seen almost all companies , they would keep you until they need you and then throw you away.. It is upto us to take smarter decisions.. I always felt there are 100's of opportunities for those believe in it.. We can't just say with GC life will change.. We stil live in the same world where things will keep changing. I would say after GC people will think of Citizenship and so on.. there is no end to this and life is always be like this (there will be no end to what we want in life). so when are we going to take our own decision?

    I strongly feel that if I want to do something and If I feel it is good for me, then I will definetly do it.


    just my thoughts!!!

    I dont expect everyone to agree with me - esp those who already have houses. my point was for those who are renting to keep on renting.
    btw you can also rent a house - and those are quite cheap too nowadays.
    everyone is 200% safe in their jobs till they lose it ..btw some of the big banks may fold too.
    it is not necessary that yr friends cannot do what you have done - maybe they are smarter and more patient than you ..
    here is an good article for reading ...
    http://www.marketwatch.com/news/story/us-economy-melting-down/story.aspx?guid=%7B744EEE81%2D4F92%2D4A09%2DA142%2 D4A17CFD35C6D%7D&dist=MostReadHome



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  • seeker
    05-30 10:22 AM
    guys, do not be pessimists. First, this bill is still miles away from becoming law; even if it passes the senate it is going to be bashed by the house; they may be no CIR eventually this year; that will be to our advantage.

    Let's hope for the best.





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  • ck_b2001
    01-26 09:32 PM
    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."



    In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.

    It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.



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  • GCard_Dream
    04-13 11:27 AM
    Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
    http://immigrationvoice.org/forum/showthread.php?t=3820

    Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.

    What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..





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  • goel_ar
    05-11 05:32 PM
    I don't know why do we (EB community) support it?

    1. There is no economic sense for DREAM act. You are going to make illegal people legal - without any much restrictions. How about kids of people who are waiting for their GCs (kids born in native country)? Don't you see any unfair treatment handed out to kids of legal immigrants.

    2. Why not give them legal status until age of 18 or 21, then they must prove their worth to economy by going to F1 visa , h1 visa & using available path to immigration?

    3. It is about re-uniting families - There are people struggling in legal immigration queue who want to unite with their families - parents - there is no provision in law or effort of making it possible.

    This is all politics & I will never support it.



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  • mariner5555
    11-21 04:50 AM
    I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.
    Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.





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  • abhijitp
    07-08 10:52 AM
    http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1

    I loved it. If I am right, this is posted by an IV core team member.



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  • guyfromsg
    09-09 05:50 PM
    ----
    I booked it real early, like a month ahead. No worries. I am sure there are a tons of places still around.

    See you in DC

    Though the website says sold out, I called just now and got a queen room for 109+tax for one night 17th. Thanks for the help.





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  • girishvar
    08-15 12:54 PM
    Whether H! or EAD, if you are changing job it should be same or similar job classification. Using EAD is a blessing in disguise as there is no need to notify USCIS, unless there is a RFE. However, it is always better to inform USCIS and keep the job change in their file. It will help you when you travel on Adavnce parole. At POE, you need not fear to answer the question, whether you work for the same employer? you can answer saying you work for a new employer and AC21 has already been notified to USCIS.

    Again the key is Same or similar occupation.


    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK



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  • americandesi
    01-26 09:38 PM
    Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.

    Here it is
    http://www.news.com/2100-1017-255994.html





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  • dingudi
    11-30 11:18 AM
    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.

    I still have not received mine yet. I am pretty sure that our FP generation has some problem due to some glitch in their system.

    What is DHS 7001 ?



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  • raj2007
    02-17 11:00 PM
    thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.

    Thanks everybody we need your support to come out of this situation.
    Sorry to say but it seems a tough call. I will not pin my false hopes on this.
    I feel Eb2 will move very fast by Oct. than any possible change in law.





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  • waitingonlc
    04-03 08:49 PM
    Sent the faxes 10 &11



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  • sheep
    02-22 08:20 PM
    likely story





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  • la_guy
    02-12 05:30 PM
    In my labour, job title was software engineer, level 1 and EB3

    how to find out whether a particular advertised job is in the same job code, as above? does it depend on salary?





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  • GC_sufferer
    08-22 10:10 AM
    "State Department discusses with AILA liaison employment-based immigrant
    visa availability."

    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    Is anyone AILA member here to see the contents? Please post...





    aswin
    11-06 01:47 PM
    EB2 I : 5-Mar-2005

    I haven't posted anything so far...hopefully my predictions comes true :-)

    This is a wishful thinking. Since there is a lot of pending cases for March...clearing March logs will take time. We have to expect a baby step unless a miracle happens.





    sanju
    09-09 12:11 PM
    On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
    Thanks
    Rahul

    This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".

    But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.



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  • abhijitp
    01-24 07:17 PM
    Also setup time with employer to request a letter.





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  • eilsoe
    02-03 06:24 AM
    :phil: heehee...





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  • Soul
    02-07 09:48 AM
    Probably a king :P

    Or a merchant heh

    You?

    - Soul :goatee:





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  • GKBest
    07-16 11:50 PM
    Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.

    I am not saying the announcement tomorrow is a bad thing. I am just not very excited

    The story of my life the last 6 years has been one delay/backlog/retrogression after the other.

    jasquil


    Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.



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  • sroyc
    11-30 12:18 AM
    People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?


    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.





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  • logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • jonty_11
    06-07 12:21 PM
    Dont worry after teh CIRcus in senate for the last feweks..I think no one will dare touch the immigration issue until 2008 Pres Eelctions now...This bill will defintely die away.





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  • venkygct
    08-31 02:06 AM
    ^^^^



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  • akhilmahajan
    08-27 10:02 PM
    Do we have to attach photographs when we e-file for AP ?

    For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.

    Please make sure you write your name and Alien Number (A#) on the back of the photographs.

    I hope this helps.

    GO IV GO.





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  • gconmymind
    10-11 04:43 PM
    This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.



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  • 485InDreams
    08-20 09:36 PM
    I'm sorry to hear this...Its happened...
    if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....

    There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...

    I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....

    Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....

    You lost one of the major milestone in your life...never give up this time....

    Best of luck





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  • desi3933
    12-22 12:54 PM
    I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.


    My experience has been very good, too.

    I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.


    ________________
    Not a legal advice.



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  • vine93
    01-05 11:11 AM
    Dear friends:

    As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.

    Reasons why you should do PMP
    1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
    2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
    3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
    4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
    5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.

    I hope this should help some of you to make a decision to be a PMP or not.




    2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.

    Wrong !!


    I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
    IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.





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  • paskal
    12-20 11:41 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/12/20/AR2006122001910.html


    both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
    wonder if they might be interested in something like this.......



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  • eagerr2i
    12-04 03:57 PM
    This appeared in todays Business Standard Newspaper in India. Atleast, the issue came up for discussion.

    Here it is.
    --------

    The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.

    New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.

    Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.

    The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.

    “It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,” an official said.

    In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.

    “It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,” an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.

    “A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,” an official said.

    Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.

    India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.





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  • pappu
    11-25 10:09 PM
    The report has been updated. There were some typos. We have also added explanation for places where there was come confusion on this thread.



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  • singhsa3
    08-20 03:50 PM
    Unfortunately, though it is highly unethical but not illegal
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.





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  • nk2006
    01-09 12:14 PM
    Alternative work-arounds (Having it both ways) :):) : Here is what some people do. .............

    This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?

    I did the same (a few years ago when I was on H1b) and I think its perfectly legal and common practice to do. In fact our HR gave us COBRA documents and written advice to this affect (note: its a well-known company with 100k+ employees at that time; they would not have advised if its not legal)





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  • k_ek
    12-06 02:23 AM
    Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.

    THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.

    Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
    You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
    Lets discuss whether this swap will be possible or not, or what the loopholes are.
    thanks


    thanx suttu

    really good post.
    MERA BHARAT MAHAN





    beppenyc
    03-16 03:18 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.





    mammoy2k
    06-05 03:43 PM
    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.