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  • I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help


    Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..





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  • I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • I contributed 20$ this month again. I will contribute 20$ every month. I have not signed up but I will contribute every month. I have so far contributed 140$.

    Vysh





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  • Hello,

    Is it true if you are in US for more than 5 years you get GC? It is too good to be true.

    Any way which part of this bill says so? I am sorry for my ignorance.

    Is it valid even if you came on F1 and started working ....

    thanks in advance for answers.

    How to convert from Legal to Illegal?;)
    How about if I tell USCIS I am born here and never applied for Birth Certificate?





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  • I dont think that is correct - as per my lawyer this is what she says -

    In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

    1. Your I-140 must be approved
    2. Your I-485 must be filed and pending for at least 180 days
    3. Your new job classification must be the same as in the old job

    If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

    So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".

    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.





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  • And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.

    Can you please point me to a link where USCIS asking for a color copy of DL and Passport? My lawyer did not even ask for copy of the DL and B/W copy of the passport was good enough.





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  • What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D





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  • people from neighboring area/from places on the way are welcome to join.





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  • murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.





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  • Hello group:

    This is true that EB3 people are going to stay for longer period( no one knows how long).

    I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.

    IV team should think and decide the next course of action for EB3.

    I am with them what ever they decide. I am ready to give any kind of support.

    Regards





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  • I just found that Aspen University is offering online MBA at $3600 (end to end) + books.
    The univ is accredited by DTE but not sure about its market value.

    I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
    University of South Dakota (USD) (18 K)
    &
    University of Massachusetts (UMass) (30 K)

    Does any one know if USD has a decent market value ?





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  • http://www.murthy.com/chertoff_murthy.html

    July 12, 2007

    VIA FEDERAL EXPRESS
    Michael Chertoff, Esq.
    Secretary
    Department of Homeland Security


    RE: USCIS Decision to Reject I-485 Filings

    Dear Mr. Chertoff:

    It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.

    Purpose of this Letter

    I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.

    USCIS Decision Contradicts its Long Standing Procedure

    In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.

    These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream

    These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.

    USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury

    Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.

    The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.

    The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.

    The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.

    The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.

    USCIS Motive is to Collect Millions of Additional Filing Fees

    Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.

    .................
    continue





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  • At the risk of sounding Naive.....Want to clarify...:confused:


    Who and how do we get the letter notarized .

    Does the letter need to have any of our personal case details i.e reciept number etc.





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  • I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...

    not any more. Local offices stopped issuing interim EADs a year or two ago.
    Now-a-days if your renewel does not complete on time (ie. you dont get new
    EAD card in hand, on time) you need to stop working as soon as old one expires.





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  • Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.

    I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.

    Whether it was ignorance or a planned move, I agree with you that IV must talk to CNN and ask them to re-publish that article with the correct information.





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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 ? )

    If the fucking DOS/USCIS follow the same rules as they did for EB3, EB2 cannot be current (It can move till 2007 July) until last quarter of 2011 as the allotted quota is 3k for EB2 and there are 10k before Jan 1st 2007.

    With their regualr quota EB3 ROW should be current by last quarter of 2011, it cannot be current before that, same logic quota 42k , waiting 42k.

    Then in the last quarter of 2011 EB2 all Current, EB3 ROW current. THe new applications will take atleast 4 months to get processed. So if f** DOS/uscis does not want to waste visas they have to move EB3 I C M dates by atleast an year. So if alteast EB3 before 2004 may see some apporvals in the last quarter of next year. For any one after 2003 PD start Porting, waiting does not do any thing.

    THIS MAY HAPPEN IF THEY FOLLOW THE SAME RULES as they were following so far for moving EB3 dates. If they make EB2 current in the first half all EB3 is screwed with lubricants.

    For all those EB2 who preach EB3 that they are tracking LUD etc and not doing anything stop doing that.





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  • Can IV use FOIA to
    1 get the visa numbers allocated by USCIS for the past one year ?
    2 pending 485 applns grouped by country/EB category/priority date?


    I think this will clear lot of speculations/and if needed we can do something regarding the visa number wastage/retrogression.

    Rajesh





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  • I am truthful to IV members. I dont understand the reason for such a statement. Also there is nothing fishy here. Stop being a detective please. I dont feel comfortable sharing the reasons why I quit my employer in August. That something private. That shouldnt imply there is anything fishy.

    Please be truthful to the IV members.
    If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.





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  • The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...

    The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words…dude, if you look around there are lot of small things that can make you happy.

    As if waiting for GC is not problematic enough, we have to put up with your “sky will fall” predictions.….

    If you don't want to hear the problems, you don't have to read these posts. Why do you insist that I stop posting, since you don't like it. :confused:
    Since you think this is all my prediction - Today from washington post
    ----------------------------------------------------------------------
    Citing Grave Financial Threats, Officials Ready Massive Rescue

    Paulson and Bernanke presented a "chilling" picture of the state of the financial system, according to a participant in the meeting who spoke on condition of anonymity. Lawmakers were told that the consequences would be grave if they failed to pass legislation by the end of next week. Sen. Harry Reid (D-Nev.) and Rep. Nancy Pelosi (D-Calif.) committed to meeting that deadline.
    ....
    Now the government is contemplating its broadest -- and perhaps most expensive -- intervention to date.
    The urgency has only grown with each successive intervention because the first three tries have not worked. People are withdrawing money from money-market mutual funds. Banks are refusing to lend to one another. Several large financial companies need money to stay in business, including the bank Washington Mutual, which is seeking a buyer.

    http://www.washingtonpost.com/wp-dyn/content/article/2008/09/18/AR2008091804200.html?hpid=topnews

    And from NYtimes
    -----------------------------------------------------------------------
    WASHINGTON — It was a room full of people who rarely hold their tongues. But as the Fed chairman, Ben S. Bernanke, laid out the potentially devastating ramifications of the financial crisis before congressional leaders on Thursday night, there was a stunned silence at first.

    Mr. Bernanke and Treasury Secretary Henry M. Paulson Jr. had made an urgent and unusual evening visit to Capitol Hill, and they were gathered around a conference table in the offices of House Speaker Nancy Pelosi.

    “When you listened to him describe it you gulped," said Senator Charles E. Schumer, Democrat of New York.

    As Senator Christopher J. Dodd, Democrat of Connecticut and chairman of the Banking, Housing and Urban Affairs Committee, put it Friday morning on the ABC program “Good Morning America”: “The congressional leaders were told “that we’re literally maybe days away from a complete meltdown of our financial system, with all the implications here at home and globally.”

    Mr. Schumer added, “History was sort of hanging over it, like this was a moment.”

    When Mr. Schumer described the meeting as “somber,” Mr. Dodd cut in. “Somber doesn’t begin to justify the words,” he said. “We have never heard language like this.”

    “What you heard last evening,” he added, “is one of those rare moments, certainly rare in my experience here, is Democrats and Republicans deciding we need to work together quickly.”

    Although Mr. Schumer, Mr. Dodd and other participants declined to repeat precisely what they were told by Mr. Bernanke and Mr. Paulson, they said the two men described the financial system as effectively bound in a knot that was being pulled tighter and tighter by the day.

    “You have the credit lines in America, which are the lifeblood of the economy, frozen.” Mr. Schumer said. “That hasn’t happened before. It’s a brave new world. You are in uncharted territory, but the one thing you do know is you can’t leave them frozen or the economy will just head south at a rapid rate.”

    As he spoke, Mr. Schumer swooped his hand, to make the gesture of a plummeting bird. “You know we’d be lucky ...” he said as his voice trailed off. “Well, I’ll leave it at that.”

    As officials at the Treasury Department raced on Friday to draft legislative language for an ambitious plan for the government to buy billions of dollars of illiquid debt from ailing American financial institutions, legislators on Capitol Hill said they planned to work through the weekend reviewing the proposal and making efforts to bring a package of measures to the floor of the House and Senate by the end of next week.





    I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

    Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

    I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.




    getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.


    totally agree with this.

    Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.





    I totaly agree with you



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