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Monday, June 20, 2011

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  • zoozee
    08-28 03:46 PM
    Waiting_4_gc,

    I m flying to Pittsburgh on Saturday 15th Sept and will drive to Wa-DC on 17th Monday - and will schedule to meet lawmaker on Monday.

    Enjoy and see you in the rally


    Zoozee,
    Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?





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  • nrk
    10-29 05:52 PM
    My info pass appointment is tomorrow.


    when is ur info pass appointment?





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  • gk_2000
    07-28 08:08 PM
    Guys
    I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:

    What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)





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  • chtting2me
    10-09 07:43 PM
    My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?

    Can some on advise me !



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  • Alabaman
    11-19 03:31 PM
    The best thing to ask for is a "time factor". If you have been in the US LEGALLY for a certain number of years (say 5 years), then you can apply for a Green Card (GC). That way people who have put some roots here over time will be able to become permanent residents. It also provides an incentive to immigrants to stay in status.

    Why should there be a time factor from "GC" to "Citizenship" and none from visas like H1 to "GC"? It doesnt make sense! After all, I would think it should be harder to become a Citizen than to becoming a GC holder.

    US should look up north to their Canadian neighbours for a good immigration system. A point system too would not be bad. It can determine how deep you have put down roots and then give you GC based on that.

    Take for example, someone educated in the US, has been working on H1B for 4 years and with three kids that are American Citizens, and posses two properties in the US. It doesnt make any sense for that person not be able to becomoe a PR. Infact if he loses his job today, he's shown the door... that same day.





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  • xbohdpukc
    12-03 02:42 PM
    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.



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  • bkarnik
    11-28 03:42 PM
    In response to my query to my attorney about the FP notices see her response below. And this is from an Attorney with 20+ years of immigration law experience. Anybody else in the same boat??:(

    "I think we should wait. Yes, its been a while, but since is taking a long time for everyone, I think it just a backlog. Let's give it until after the first of the year. USCIS grinds nearly to a halt over the holidays.

    Also, I got call from Senator XXX' office. For reasons I can't even imagine, your file, in its entirety, despite transfer notices to the contrary, is at Lincoln, where it was originally submitted by us as required. Your wife's file, also originally submitted to Lincoln with yours, was sent to California per the transfer notice, but was NOT returned to Lincoln, remaining in California. All this shifting may be a part of the cause of the delay.

    After nearly 22 years in this field, and thinking I had pretty much seen it all, this is a new one."





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  • nag2007
    10-11 04:48 PM
    Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.

    However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.

    I completely agree with you. Without all these process, u cannot get GC even if you have PD. I think we all are in a fix.



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  • willgetgc2005
    03-16 07:58 PM
    RAgz4u and other core IV member,


    One suggestion, does senator Kennedy know about employment based immigration issues. Have we (IV) contacted him or his office to make sure he is aware of our issue? He has been and will remain a key figure and influencer in this. Just a suggestion that we keep his office abreast of the issues.

    Thanks


    Does that means that the existing backlog will be cleared fast?

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    Any comments or thoughts on this is highly appreciated.

    Thanks

    nlssubbu
    __________________________________________________ ______________
    India - EB3 - Priority Date 07/16/2001

    I-140 Applied 07/30/2004 - RFE (Labor Substitue) - 06/27/2005 Replied 10/19/2005 Approved 11/02/2005
    I-485 Applied 12/01/2004 - FP done on 1/8/2005 - Approval ??
    1st EAD - Applied 12/01/2004 - RFE (Color photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
    1st AP - Applied 12/01/2004 - RFE (Color Photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
    2nd EAD - Applied 11/02/2005 - Approved 12/02/2005
    2nd AP - Applied 11/02/2005 - Approved 12/20/2005





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  • desi3933
    02-03 04:59 PM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site
    www.icai.org/resource_file/42prof.df.pdf

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.


    __________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • zoozee
    08-28 03:49 PM
    Gdhiren:Can you please send me your email id mine is zoozee4@hotmail.com
    I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.



    Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).

    Thank you guys for flying all the way from west coast.
    Dhiren

    PS: Waiting_4_GC, I have your flight info.





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  • dummgelauft
    08-03 07:59 AM
    Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
    And one way to try to manage this is by country limits.

    per country limits or not, there will always be a hihgher number of Indians and Chinese just due to the massive backlogs. BTW, there are about 12 million Hispanic people, so called un documented people, just wait til they get legalised. you arguement will holdcabiut as much water as tea strainer.



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  • nefrateedi
    08-22 10:54 AM
    No, he is a good person he can do that
    Reason he is member of IV

    He cannot post it because he cannot view it, as he is not a member of AILA. He stated it in his post.





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  • shana04
    02-13 12:23 PM
    Here is my scenario:

    My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.

    Thanks

    To my know it should start from jun 05



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  • Pagal
    05-18 06:26 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?





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  • logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • ricky
    05-22 02:51 PM
    Here is what you do if the bill passes without amendments:

    Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.

    Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.

    They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).

    They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.

    That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.

    Advantages:

    1. No need to comply to speciality occupation. Work in any line of work.
    2. No need to get labor cert for GC.
    3. No need to depend on employer for temp visas like H1B and GC sponsorship.
    4. More travel flexibility due to advanced parole that comes with Z visa.

    .


    My employer cancelled my H1 visa for the period of 7 months in the year 2005without my knowledge. At that period I was working in a Gas Station. After a hectic bargaining my employer once again renewed by H1 (till now I do not know how he did it) and right now I am legal doing my software job. My perm which was applied in Feb 2006 was approved and my I-140 is pending.

    My question is whether I am eligible to apply for 'Z' Visa??





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  • raysaikat
    01-06 12:44 AM
    What about ladies with 5 husbands (pandus), do we need to start visa called H5? F5? D5?

    I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?

    I have never heard such a case after "Droupadi".





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  • knacath
    10-19 02:57 PM
    Ap





    swadeshi
    08-30 09:25 PM
    We can do better than this. Let's book tickets and fly to DC. We must participate in this event. Please take two days off and be in DC, and if you do not have enough vacation time, take one day off. Please contribute to this event.

    We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)





    kart2007
    05-17 12:52 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.

    So I assume you told this to your neighbor who lives downstairs :D



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