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Tuesday, June 21, 2011

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  • kaisersose
    03-07 10:54 AM
    AC21 is simple and requires nothing from the new employer other than the offer letter.

    Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.

    However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.





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  • kunkie
    07-23 08:24 AM
    Hi,
    You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.

    What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.

    Regards,
    kunkie





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  • hmehta
    07-16 05:20 PM
    Oh, what a lie!!!!!.....As a matter of fact, H1-B's pay the highest amount of Tax. H1-B's are the ones who may potentially NOT benefit from the Social Security Taxes they are paying right now but are still paying it - so in that reference they are actually feeding the so called baby boomers right now.

    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (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.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.





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  • srini1976
    07-02 05:23 PM
    So far most of us have spent about 2 - 3k, lost invaluable time with stress & had sleepless nights.

    DOS & USCIS should not be spared. Lets help IV & try our best to sue them. I just contributed $100.00 and will continue to contribute until the suckers are sued.



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  • sweet_jungle
    03-12 01:08 PM
    I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because

    a) There is no mandatory law that states that we should do it.
    b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
    c) Lawyer is asking for $1500 for doing nothing on this.
    d) I am prepared to deal with the RFE if it comes thru.

    All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.

    What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?





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  • GreenLantern
    02-15 08:30 AM
    I want to see how you would go about doing it in a 3D program though.



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  • gsc999
    07-01 10:45 PM
    When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
    --
    Mandeep:

    Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.

    Hope to see you become more active here.





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  • pappu
    12-27 08:56 AM
    Here is the link where I posted in Chinese

    http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
    Thank you very much. pls help us further by posting in various other chineese websites. We want this organization to have more members from other nationalities.



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  • nojoke
    09-18 12:10 AM
    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
    I will take it easy if you weren't intentionally insulting.





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  • gcpain
    06-25 11:07 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.



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  • psczd4
    09-26 12:13 PM
    Great work folks!!!�

    I am not being pessimistic here but the whole article is more tailored towards H1B visas�Green card is masked by the H1B (that is the way I read this) Should there be not a similar article with an analogy about the backlogs and how this impacts the US economy?





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  • av2004
    07-02 10:34 AM
    Sent the e-mails to my senators.. Will update if there is any response back from the Senators. Thanks to IV for providing the simplified form!



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  • Guest007
    07-25 12:54 PM
    There is no law which ties AP and EAD to 485. So cant they allow filling of these two independent of 485, may be upon approval of 140?





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  • Jaime
    09-12 01:24 AM
    You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!



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  • dilber
    07-20 05:37 AM
    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

    EB2 has been on or Apr 2004 for a long time so all the ones before should have got the GC or at least most would have when we are calculation numbers for calculating retrogation We have to consider the numbers in in a particular category 11000 number as you say includes all the EB categories you have to discount out the EB1's because they have got their GCs long back. EB3 will also have to cut out form the calculation because they are not being counted. even if you consider 40% of these to be EB2 (a conservative estimate) then total GC needed including the dependents will be closer to 11000 (Total not just primary) and as Vdlrao and others have shown there should be more than this number available in this fiscal year alone. So I will have to agree with them that the numbers will go back but not all the way to Apr 2004 It should easily come in 2005 range may even come to 2006 since there were very few cases applied during 2005. Also can some one let me know if during 2005 when perm was instigated was regular labor processing also going on or was it completed stopped during that time.

    Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???





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  • gc_chahiye
    12-21 01:04 AM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    correct. out of status != unlawful presence.
    So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
    however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.



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  • gc_eb2_waiter
    09-26 10:32 AM
    Dear Editor,

    Good Morning.
    I would like to bring a mistake in this article to your attention. My wife and myself( along with my father who is visiting US) marched to Capitol Hill to improve the efficiency in Green Card processing by fixing administrative delays and increasing per-country quota. But not for increase in H1-B visas.

    Please update this column with the correct information.

    Thanks
    Sree





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  • coopheal
    10-15 05:09 PM
    I will send the letter tommorow.





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  • rajuseattle
    07-14 07:41 PM
    ajthakur,

    competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.

    If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.

    This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.

    Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.

    I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.

    Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.





    webm
    06-06 01:56 PM
    It sounds NSC is approving lot of EB2 cases these past few months..good for EB2 folks with PD current..:)


    ----------------------
    PD EB3-I Oct ,2001 (TSC)





    immigrant2007
    03-12 10:59 AM
    IV has not failed. If the objective has not been met then it is our fault not Pappu's.
    See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.



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