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  • Howz one to live a moral and compassionate existence when one is fully aware of the blood, the horror inherent in life, when one finds darkness not only in onez culture but within oneself? If there is a stage at which an individual life becomes truly adult, it must be when one grasps the irony in its unfolding and accepts responsibility for a life lived in the midst of such paradox. One must live in the middle of contradiction, because if all contradiction were eliminated at once life would collapse. There r simply no answers to some of the great pressing questions. You continue to live them out, making your life a worthy expression of leaning into the light.

    One of the contradictions is NOT obtaining a Green Card.

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  • Prince William of Wales

  • I don't think consulting firms are alone to be blamed.

    Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.

    still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications

    my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.

    Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up

    i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..

    simple non sense.. random selection .. my behind..

    I really feel like sending flowers to the uscis similar to what the indian folks did last year..

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  • Prince William Gallery

  • Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

    It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.

    According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.

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  • Prince William and Kate

  • I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.

    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.

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  • 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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  • Plus Prince William and

  • Thanks i will talk to the attorney tomorrow and take an info pass accordingly.

    Take an infopass appt ASAP.

    The officer in the local USCIS office will be able to give more details about your case.

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  • New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?

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  • Sorry to hear your story man. I can empathize with you coz I went through hell last July/2007. I tried to advance the wedding and it caused havoc in the family. I got married in End of Aug/07 and by then the dates retrogressed back.

    Getting back to your situation:

    1) F-1 is sure is an option. She will have to make sure that she is independent on her own application.
    2) H-1 is an option as well, but then she will have to wait for next year lottery b.s.
    3) Now that you have G.C. you can go back to India and work. There is some restriction as to how you can maintain your GC.

    You may be found to have abandoned your permanent resident status if you:
    * Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    * Fail to file income tax returns while living outside of the US for any period.
    * Declare yourself a “nonimmigrant” on your tax returns.

    Source: D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    4) Follow this thread and see if you can make sense out of it for your case:

    I am not suggesting anything.....I am just give options, hoping to help you.

    Most of all, take it easy, relax and enjoy your wedding.

    Good luck!

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  • Prince William gave Kate;

  • My received date is July 3rd for 485, I140 approved July 18, notice date June 26, 07. for AC21, Is my safe date Dec 30th or Dec 31st. Should I be working on the 31st December for current(485) employer or I am safe today?

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  • Prince William Divorces Kate

  • :D:D:D:D:D

    I got a CPO email today.

    PD : 12/23/2004
    RD : 07/26/2007

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  • In the visa bullitin, it says current for Targeted Employ-ment Areas/
    Regio.nal Centers . What is that mean?. Is it only for the investor who does business in Targeted areas? or employees who works in the under served areas

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  • Sanbaj, Is there any update regarding your case ?

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  • i think CP filers have a valid point to argue for relief. clearly there is an injury to CP filers as the dates were moved forward creating the impression that they will continue to do so or at least hold steady. legal opinion was also in favor of CP based on individual circumstances in many cases. many of these filers already underwent a lengthy BEC process, which newer Perm/I-485 filers never went through. the government flip flop is the cause of this additional injury.

    instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.

    great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you seems to me from your reply:rolleyes:

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  • Prince William and Prince

  • If this turns out true, that will be great !!!
    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.

    I thought the same but they need to get out of the queue before you and I can get our turn :) .. Good for them finally ...

    In the longer run I guess it makes predicitions easy :)

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  • (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.

    Number (1) is so darn ambiguous. Typical USCIS, FBI bullshit.

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  • Is it a good idea to carry all my degree/masters certificates plus experience certificates along with that.

    The only thing that came to my mind is regarding verification of degree certificates or experience letters mentioned on your Biographic Information form. Go to Local office and check.

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  • ICE do site visits to investigate employers. It happened to one of my former colleagues. What officer did was to verify that he was a genuine H1B employee. The officer visited his manager at client's place and verified his duties.

    However I haven't heard an officer visiting one's home.

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  • I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.

    I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.

    According to the Workplace Fairness website the following stands true:
    An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
    The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
    NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
    As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.

    But we can always keep complaining on here how badly treated and unprotected we are.

    I'm a red now, too!!:D And I didn't even say anything bad! Do you all have nothing else better to do than click away at your computers just because you don't like some comment someone is making!? Sad, sad individuals, I wonder how you act in real life. Good laugh though, thanks :).

    AP applied at: NSE.
    on: Sept 7th.
    mode of application: online + mail in all copies via good old USPS.
    Status on 11/09: Card production.

    No physical card yet, but so far so good.

    Wow! Yours is so quick. Did you expedite it?

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