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  • Unpaid bench means you are "Out of Status". Not illegal.

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

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

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

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

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





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  • did any one did math...

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

    This is a big fantasy.

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

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

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

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





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  • I have some Delta Skymiles (3729miles), Not sure how to donate. If anyone needs them let me know.





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  • I still don't believe that USCIS has no say in spill over - think again :)


    Yes, the spill over can be implemented differently -- USCIS is implementing the EB1 spillover incorrectly. No law needs to be changed to get USCIS to act in accordance with the law as is currently written; However good luck to you convincing IV to lend support to any EB3 cause.





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  • There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.





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  • hi,

    Usually they ask for only copies of all the docs and not the originals.And they may ask to show the original copies of the birth,marriage etc,wedding pics,family pics etc at the time of interviews.

    Hope this helps u,
    vaishu





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  • pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:

    This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.

    What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.

    Does this help? (Again this is my view... don't want to push it onto others)





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  • Guys,

    Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card

    Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.





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  • No change for EB2..... India
    EB3 moved about three months

    Category India Most Other Countries
    F1 8 July 2004 8 July 2004
    FX 1 Jan 2005 1 Jan 2005
    F2A 1 June 2006 1 June 2006
    F2B 1 March 2002 1 March 2002
    F3 22 May 2001 22 May 2001
    F4 1 March 2000 1 March 2000
    E1 Current Current
    E2 1 February 2005 Current
    E3 8 September 2001 1 February 2003
    EW 1 June 2001 1 June 2001
    E4 Current Current
    E4-Religious Current Current

    Source
    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)





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  • abhijitp,
    Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
    But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??

    According to the person I spoke to:
    1. I will be issued an RFE if my AOS packet did not contain the EVL
    2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.





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  • Obama or Mccain or Joe the plumber whoever becomes the next president, the bottom line is, nothing is going to happen with regards to reforms for legal immigration atleast for teh first 1-2 years. So we are all still going to keep posting in IV forums, predicting VB dates and fighting between Eb2 and Eb3..... that is really the sad reality....... because these guys have far more important issues to deal and to steer titanic america.......





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  • with out a reliable website, we can't communicate and do all the important things(productive) you are talking. maintaining a reliable website doesn't need much funds.

    Anti immigrants will not know our plans if we may this a paid website.





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  • We already have a campaign to call legislators. Please call the legisltaors and inform them about these issues. Thanks!





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  • So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.

    Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.

    She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • Hi, I see that several June 1st filers who mailed on 31st may have received RD's. So same logic should apply for July 2nd filers who mailed on 30th june. I dont see any difference between the two scenarios. Any rejected july 2nd applns should have already reached, unless they are lost in return mail :(. Otherwise the scenario is exactly identical to June 1st filers.





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  • @eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.

    Remember the GC is for future employement. USCIS can anytime ask the letter to prove the job offer is still there. I know coupld of guys got RFE for the same.

    If there is no job, the underlaying I-485 become invalid and so there is no AOS.





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  • Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.





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  • Hey guys,
    just wanted to post a really early render of what I have so far. I'm kinda noob to 3d, unlike u guys, so gimme a break ;)

    I need textures, you guys know any websites that offer free textures?

    http://img.photobucket.com/albums/v403/grinchvader/subwaytes.jpg





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  • Ash,

    I can understand your concerns and frustration. You have taken good amount of time and efforts to draft this.

    We all are going through the same pain but need to be carefully for our choice of words. You don't want listeners to be on opposite side of what you are saying just because of bad choice of words and language. What you are mentioning can be drafted in good words (In India we used to call as Sugar Coated).

    There are parts of world never give citizenship or too difficult to get perm residency also like Switzerland, Germany to name couple of them. Lets be more objective and decide how we encounter the situation we are in.

    I am always promoter of Gandhigiri and second flower campaign. AlbertPinto has started a thread for this. Lets just work on this.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing

    ....

    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.





    I agree, when will the right time to recapture visa numbers???
    We did not do it in the last government,
    we did not do it when the economy was good,
    did not do it when they were wanting ways for new people to buy houses,
    did not do it in july 2007,

    THERE WILL NEVER BE A RIGHT TIME, NEVER



    Of all 4 the proposals made by vbkris77,
    I would just stick with one and only one:
    RE-CAPTURING VISA NUMBERS.

    If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.

    I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.

    Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.

    The time is RIGHT NOW.
    It is interesting why IV team is not taking up this one item and start fund raising.
    May be the team has some valid reasons for not doing so. I could only guess.
    But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.



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