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  • Was e-Filed a month back. Waiting for the fingerprint notices. EAD expiring in 20 days so will probably have to be on a "loss of pay" for about a month.





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  • I just received this article from one of my friend and it�s the reality for most of us. This is not to discourage any one. Just thought to share it with you all.
    I dont know the author of this article.
    ************************************************** ****

    ONE BEDROOM FLAT... AN INDIAN SOFTWARE ENGINEER'S LIFE...- A Bitter Reality

    As the dream of most parents I had acquired a degree in Software Engineer and joined a company based in USA, the land of braves and opportunity. *When I arrived in the USA, it was as if a dream had come true.

    Here at last I was in the place where I want to be. I decided I would be staying in this country for about Five years in which time I would have earned enough money to settle down in India.

    My father was a government employee and after his retirement, the only asset he could acquire was a decent one bedroom flat.

    I wanted to do some thing more than him. I started feeling homesick and lonely as the time passed. I used to call home and speak to my parents every week using cheap international phone cards. Two years passed, two years of Burgers at McDonald's and pizzas and discos and 2 years watching the foreign exchange rate getting happy whenever the Rupee value went down.

    Finally I decided to get married. Told my parents that I have only 10 days of holidays and everything must be done within these 10 days. I got my ticket booked in the cheapest flight. Was jubilant and was actually enjoying hopping for gifts for all my friends back home. *If I miss anyone then there will be talks. After reaching home I spent home one week going through all the photographs of girls and as the time was getting shorter I was forced to select one candidate.

    In-laws told me, to my surprise, that I would have to get married in 2-3 days, as I will not get anymore holidays. After the marriage, it was time to return to USA, after giving some money to my parents and telling the neighbours to look after them, we returned to USA.

    My wife enjoyed this country for about two months and then she started feeling lonely. The frequency of calling India increased to twice in a week sometimes 3 times a week. Our savings started diminishing. After two more years we started to have kids. Two lovely kids, a boy and a girl, were gifted to us by the almighty. Every time I spoke to my parents, they asked me to come to India so that they can see their grand-children.

    Every year I decide to go to India. But part work part monetary conditions prevented it. Years went by and visiting India was a distant dream. Then suddenly one day I got a message that my parents were seriously sick. I tried but I couldn't get any holidays and thus could not go to India. The next message I got was my parents had passed away and as there was no one to do the last rights the society members had done whatever they could. I was depressed. My parents had passed away without seeing their grand children.

    After couple more years passed away, much to my children's dislike and my wife's joy we returned to India to settle down. I started to look for a suitable property, but to my dismay my savings were short and the property prices had gone up during all these years. I had to return to the USA.

    My wife refused to come back with me and my children refused to stay in India. My 2 children and I returned to USA after promising my wife *
    I would be back for good after two years.

    Time passed by, my daughter decided to get married to an American and my son was happy living in USA. I decided that had enough and wound-up every thing and returned to India. I had just enough money to buy a decent 02 bedroom flat in a well-developed locality.

    Now I am 60 years old and the only time I go out of the flat is for the routine visit to the nearby temple. My faithful wife has also left me and gone to the holy abode.

    Sometimes I wondered was it worth all this? My father, even after staying in India, had a house to his name and I too have the same nothing more.

    I lost my parents and children for just ONE EXTRA BEDROOM.

    Looking out from the window I see a lot of children dancing. This damned cable TV has spoiled our new generation and these children are losing their values and culture because of it. I get occasional cards from my children asking I am alright. Well at least they remember me.

    Now perhaps after I die it will be the neighbours again who will be performing my last rights, God Bless them. But the question still remains 'was all this worth it?'

    I am still searching for an answer................!!!!

    * * * * * * *--- By an Indian SE who was in US.





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  • Why you think that is not possible?

    What do you mean by "new system"?

    If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.

    ________________
    Not a legal advice.

    I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.





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  • done....





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  • Being in Consulting and searching a new contract at the same place of residence (during Nov-Dec) is always a nightmare. I'm in IT industry for last 10 yrs and into consulting for last 5 yrs and always tried to keep clients Extra-Happy starting Nov 1st , so that i could get thru these 2 winter months.

    Starting Mid-Jan the budgets will open up and you will surely land up.

    IT Jobs are there - worst case you may need to relocate.

    Congratulations on becoming a new Father. Though your name sounds as if you were the mother :). Anyway, if you got 4 interviews in 6 weeks, that sure does not look like weak economy. I remember the recession of 2001-2002. People used to get one interview in 4 months back then.





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  • is it nsc or tsc?

    tsc





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  • Is it okay to have an internal transfer (same company, from East Coast to West Coast) after obtaining the Green Card? Or transferring after 6 months to 1 year would be better?

    If it's okay to transfer right away, does the new position need to have the same/similar title, duties, and salary?

    Thank you :)

    I think internal transfer after 6 months to a different location may be better.

    Officially hold on taking promotions. Practically taking additional responsibility should not be an issue. For example, let us say you got GC as a Sr. Software developer, in 6 months you may get promoted to Lead Developer. Point to be noted is hold all the current responsibility, in addition take new role like team lead and project management.





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  • So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    Do not give up your green card. You must explore all options before doing that. Your best chance will be to get her here on a F-1 visa. If she is qualified, H1-B is appropriate but these days it's not easy to get H1-B. As far as i know, once your green card is approved you may not be able to add your spouse. Anyways, it would be best to consult an attorney like murthy and if possible use their services. They know the rules and most probably USCIS knows murthy too.





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  • I only have something to say, everyone is looking for its own turf, and if you really want diversity in the forum, the hard count will not attract anyone else other than Indians and Chinese. I am few months from working due to EB2- Worlwide category (current), so any change on the hard count is not on my benefit, same for anyone who is not from India or China, the EB3 is not current worlwide but the line of all the other countries is still shorter, if you really want to reach more than Indians and Chinese the goal has to be good for everyone, and the hard count is not. Thanks.

    The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.

    What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).

    1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit

    2) With the hard quota, this 10K now goes to UNSKILLED immigrants.

    This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!

    Can I be any clearer?





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  • I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
    Its in pening status.
    Out of project since one month.

    Thanks





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  • http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    This is USCIS memo, Read Que 5 on page 3.

    Memo clearly says following things not be considered in deciding same/similar job:
    - Wage difference
    - Geographical location
    - new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)

    About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)

    Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
    So it's not the difference that would matter, it would be the absolute salary that could matter.





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  • Just a quick update

    Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.

    So the mailing address to Mesquite, TX turned out to be the correct location for me to file...





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  • Newsflash: USA is a country (with a boundary). USA has a national anthem. They like to sing it, everywhere. If it makes them happy when I sing it, I will sing it too. It is like visiting someone's home and you are asked to take off your shoes at the entrance. Maybe you don't agree with it, but out of respect to the host it is a nice thing to do.

    Relax and be more generous! I think you have more boundaries in you than this country has.

    (If USA goes to war with my home country, I think they will trust me less if I come here and live and refuse to sing the national anthem...)

    If you dont take off the shoes at the entrance, maybe you are showing disrespect.
    But by not singing their NAnthem, dont think it means disrespect !
    If we sing each nation's anthem and leave out theirs, this will mean disrespect. !

    I think we are not yet permenant residents of this country .. so singing the NAnthem does not look appropriate. But due compliments to Pankaj, He has a wonderful voice!
    You never know what will happen to our GCs!! So lets remmember where we are from & what state we are now, that will help us to be more pragmatic.

    And about the war thing, my conscience may not permit me to support another nation at this point in time!!
    Please dont be offended , just sharing thoughts!





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  • Hi PD:
    Greatly appreciate you for sharing this link. Rons post is really an eye-opener for those who lose good opportunies in their career, just to maintain H1 status. "The applicant would no longer be eligible for H status beyond six year. Since the applicant remained in H status while waiting for his AOS adjudication, all of that time would count against the six year limit. The applicant would not be allowed to remain in the US in H status following the AOS denial because that would involve a post-six year stay" is a valid and logical point, which many of us would not have realizewd.





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  • Thanks for your help. I will try and see if they can issue a BC with my mother's name. I am not sure whether they can accomodate that in their fixed format, but its worth a try!

    In your case, you have the birth certificate, so you don't need to submit the non-availability certificate. It is better you contact your municipal office and apply for your birth certificate with your mother's name included.

    Regards,
    IK





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  • nice one dj, really nice one to be more specific :thumb:





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  • All,

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !





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  • Dominican Republic does not require a visa either.

    Thanks Sunny, I have updated the first posing.





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  • I wrote a letter with I-485 copy and said we were no where near current, and got the 1 yr EAD replaced with a 2-year one :)

    Can you please tell me the letter format and documents to be submitted





    Country caps, recapture, STEM exemption kind of provisions are the only hope.


    Just for my understanding, why are we not talking about excluding dependents from EB count? If each primary applicant consumes nearly 2.5 visa, then excluding dependents will definitely be useful.

    We don't talk about this because it is not feasible to achieve? Or does it slips out of our mind?


    NB: I am not sure about the number 2.5; I remember this number from another thread.





    I am also in same situation. Two 140s (eb2 and 3) both have same PD. Have beed trying for interfile from last one year. I do not know if my case is eb2 or still in eb3. I enquired from Congressman and she told me that my case is assigned to a IO on 6th Aug so its in eb2. She is not listening to anything else after telling me this information. I have infopass on 2nd Sep. lets see ...



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