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  • Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.





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  • There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.

    When did he get back the package?
    Does it have a rejection notice in it?

    I think these two key questions can throw more light on this. Can you enquire and post here for everybody's reference? We will really appreciate that.





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  • The meeting was primarily about undocumented workers and family re-unification. It seemed to be organized by the Latino community and so conducted mainly in Spanish (There was a English translator for others).

    There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.

    The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.

    After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.





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  • Friends,
    Time is right now to recapture the visa numbers.
    "No army can stop an idea whose time has come." --Victor Hugo.

    We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!

    I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.





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  • Name Check is haunting quite many of those seeking Citizenship and Green Card.

    This is not an issue of law. It is an issue of effenciency.

    My case has been stuck up in Name Check for over 600 days now.





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  • Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.





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  • When will EB3 get its quota then How long we have to wait?I hope we dont get stranded in all this mess..





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  • H-1Bs have an affirmative action preference ... What a shameful propaganda?

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
    .





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  • i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.



    Nice humour!





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  • i don't..... becoz i' not in sarah palin brigade of mindless freaks who have to find someone to blame others for the sake of it..... we live in a complicated world..... just becoz we applied with uscis..... & just becoz they've to approve applications..... it doesn't mean
    backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....

    y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....

    - the problem is with the congress, not with cis
    Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.


    -y the hell do u blame cis...... r they not allocating 140K per year
    If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
    Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....


    Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.

    We all understand that blaming is not going to help anyone. But what else to do.





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  • I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.

    Will this cause a concern with USCIS as
    1. This company applies for 140
    2. Revokes an approved 140 when employee quits
    3. Is again willing to offer the job

    Should I take AC21 route instead as I have an offer with the company B.





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  • That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.


    Now why do you think that a Harvard Graduate will stay with $120K salary for 15 years .Don't you think that in 15 years he will make much more compare to the average job?I know couple of my friends from MIT sloan are making $200K just after 3 years of graduation.





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  • I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
    So you be ready toooo.

    I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.





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  • If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.

    Does his Visa number go waste or it will be re-used for another case.
    this is with presumption that the cases are pre-adjudicated


    Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.

    Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.


    ____________________
    Not a legal advice.





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  • I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.

    This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.

    All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.

    We would succeed if we just focus a single item-- Visa Recapturing and NO other business.

    By the way Mr.snathan, are you an administrative member of the IV team?.





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  • there is still the last quarter's quota
    which is 100 - (27% X 3) = 19%

    this 19% cannot be issued in July either- not more than 10% a mnth

    there is no question they ignored this
    i'm curious to know what reason they will use to justify it.
    especially if it's a deposition under oath.





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  • Hi Guys,

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

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

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

    Now here is the situation:

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

    OR

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

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



    Thanks.

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

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

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

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

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

    Good Luck!





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  • IV members,

    We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.

    Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.

    The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.

    PS: Let us be civil. I second using non-accusatory language on this forum.

    How about we start writing letters to the WhiteHouse/President on

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back

    for administrative fixes ?





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  • We already called the local lawmakers. This online petition can have two columns, one for people who are suffering because of this per country quota and other for people who support the idea (Friends/relatives/coworkers). We can start the petition and we may generate 100K signatures.
    mpadapa: We will let you have the 1000001th signature:)





    this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.


    Where did you read that "except for casual absence". Because that might make it go or nogo for many people.

    There would be many people who might have gone outside US to India or so for a month or so for maybe twice in last 5 years. Will that count as casual absence and forgiven ?
    eg. my wife will be in US for 5 years in August'09, but she has been to India atleast twice for 2 months and 1 month respectively during these 5 years.





    I think we need to counter act and stop this kind of False Propagandas
    Core Team Please draft a Letter in accordance to this we will all send Web faxes...
    Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..

    Again it is my personal view..



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