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Friday, June 24, 2011

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  • masterji
    08-09 09:17 PM
    It seems people who revoked AC21 during pre-GC stage, can continue to change employers in the post-GC phase. The confusion is for the people who stayed with their employers throughout the GC process. Please correct me if I am wrong.

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  • sushilup
    02-17 06:35 PM
    Grow up man...think before writing
    whatever is not useful to you that doesn't mean it is foolish stuff..
    I agree with Cal97...and it was helpful to me also...since i am travelling..

    One advise for you...just ignore which is not useful to you...

    it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...

    i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..

    there are so many posts..i got a LUD what not.... its annoying...
    its like.. USCIS touched my lu(n)d..will i get a GC now..

    grow up ..
    i may have offended some purists on this board.... idgaf..<:-|

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  • go_guy123
    06-24 04:55 PM
    I understand that Immigration bill is not an easy one to pass. If it is being introduced again, hopefully they are not going to have the exact same wordings. I am sure they would have learnt something from the previous failures and come to some agreeable compromise.
    So i think it is good to have some hope and work towards making it happen. Lets not worry about failure. We have nothing much to lose.

    In the 2006 CIR was passed by Senate and it failed in Congress.

    The strategy was adding poison pill. They deliberately added so many poison pill that
    even EB folks were opposing the bill.

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  • Sunx_2004
    04-01 06:39 PM
    As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
    Any inputs..
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?


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  • RandyK
    06-10 05:31 PM
    Can someone try to breakdown the 220K backlog per Mr. O, please.

    According to Mr. O.

    India = 120K
    China = ?
    Mexico = ?
    Philippine = ?
    ROW = ?


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  • EndlessWait
    05-13 04:14 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

    i dont mean to give u advice on patch up..but from 485 perspective ..put ur future marriage plans on hold for a short while or atleast until u get ur gc...

    if ur dependant, then go ahead..otherwise u dont need to cancel ur 485 even if u get divorce


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  • buddyinsd
    01-26 07:27 PM
    U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.

    U must be a gulti trying to defend ur region - God bless

    Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.

    FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !

    The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.

    It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.

    Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.

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  • kicca
    02-13 09:41 AM


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  • jsb
    12-19 09:05 AM
    If I try to use my AC21 then does title matter?

    new offer has a title of "Lead software engineer".Current position is "Systems

    USCIS is not just working on technical people; and they themselves are not technical people. Therefore, just try to have description of new job as close to the original description in LC, as possible (use same words). It is a subjective area. Both titles point out that you are some sort of software engineer, so, I belive, it should be ok. Try to avoid "managing" or "suprervising" in your new job description if it was not in the original description.

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  • acecupid
    06-29 12:22 AM
    This thread makes no sense... everyone is out to sell each other out. Why would anyone want to wait. Besides, do you think 100% of applicants are on IV and agree to file late? Utter nonsense... People who have their applications ready should apply on July 1st.:D


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  • chanduv23
    08-31 08:32 PM
    I have now stopped getting phone calls from friends, when I call them they talk to me but divert the topic when I talk about the rally. Many of these people are in real tough situations facing layoffs etc.... but still just do not want to talk about it.

    Immigrants are now turning out to be anti immigrants?

    A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?

    It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.

    Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.

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  • jungalee43
    06-24 07:33 PM
    First of all congratulations on arriving at a mile stone. But obviously it is not end of the journey.
    It is also not a time to say "thanks and good bye" to IV. Consider the fact that IV has done a lot for us, at least by making Congress aware of our plight and giving the anti immigrationist some run for their money and at times making their heartbit to skip. It is a different matter whether we got the law passed to address our problem, we may not have that much power; a simple fact is that we do not have voting power and Indian-American or Chinese-American community is not 100% behind us.
    But in times like this at least members like you should not leave IV. Then those who have made the dates temporarily current to divide us have just achieved their goals. Anti immigrationist and the writers of the senate amnesty for illegal aliens bill would smile after reading your post. In fact you should announce a one time donation to IV to celebrate your milestone and pledge your continuing support to IV.


    Donation $500+ and continuing

    Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D


    The last processing action taken on your case

    Receipt Number: LIN0XXXXXXXX


    Current Status: Notice mailed welcoming the new permanent resident.

    On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.

    The U.S. Citizenship and Immigration Services (USCIS)

    PD- Dec 2002, I485-RD- Dec 2003.


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  • ssdtm
    09-17 03:10 PM
    I called USCIS customer service regarding the DOB mistake in the AP application.

    Here is what they suggested � No need to file another AP or revoke the current application as USCIS already has my correct DOB data based on past applications and they will note the mistake and can match it with the correct one because it is the second time I am applying for AP.

    So while sending my documents, I am simply going to add a letter pointing the error in my DOB.

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  • jethro11
    04-20 09:10 AM
    I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
    What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.

    Transit Visa Regulation for Indian Residents

    In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.

    Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
    Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru

    In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.

    Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.

    Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai

    In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.

    Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries

    Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
    Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.


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  • needhelp!
    01-16 02:45 PM
    please vote if you sent your letters

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  • sc3
    10-22 04:29 PM

    I said in my earlier post that I will think about it. This is what I have to say.

    There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question � which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don�t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again � which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don�t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?

    The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don�t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn�t it. Life would be so much easier; it would be so much fun.

    But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that�s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us �intelligently� � in multi-dimension.

    Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.

    It�s ok to express in the any forum and if you don�t like a forum, as in this case you don�t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It�s the choice you make. And then you apply single dimension analysis � if you don�t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.

    The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn�t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.


    Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).

    Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.

    At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).


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  • GCInThisLife
    07-19 01:56 PM
    I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.

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  • Pineapple
    12-26 04:35 PM
    First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D

    For these, what is or is not happening in Bangalore is completely irrelevant.
    Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.

    Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
    Not true, by a long shot.
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.

    When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.

    This is why it is in the best interest of companies to support EB GCs.

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  • styrum
    12-19 03:48 PM
    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05

    Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.

    Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
    As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.

    05-29 04:40 PM
    Genocide is what is left maybe

    They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .

    06-19 01:48 PM

    Can you pls send me a copy too? thanks in advance!

    Check your PM. This is what i sent.

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