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  • ivy55
    03-26 05:54 AM
    Anyone in Delaware please reply





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  • bobzibub
    05-22 04:38 PM
    Logiclife is just having venting his betrayal and probably having some fun too. If the bill stands, we were all betrayed by the system that we fought to live by. Consider lessons learned.

    Yes, it is frustrating.
    Yes, it is not our making.
    Yes, it is unfair.

    But let's not scrap with each other over the small stuff.





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  • adibhatla
    02-19 04:41 PM
    Just a small addition to your point 4.

    MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.

    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...





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  • araj_98
    04-03 08:47 AM
    Sent faxes!



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  • copsmart
    02-21 09:50 AM
    Call the regular USCIS customer support number and double check the details of the visit. If it is a genuine appointment, it could have been recorded in their system.
    Also, you should talk to your Attorney to make sure such visits are legal.

    Never heard of it before, strange things are happening nowadays.

    BTW, is your employer a consulting firm? Do you think he could be in the visa fraud hit list?

    I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.





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  • v7461558
    07-17 09:56 AM
    Looks like it took it a bit to propagate across USCIS servers. Or else, they put it up and took it down, then put up again.

    With the EAD at Nebraska officially being at 112 days (zero movement since June 18 processing times release), it is no surprise they don't respond to expedited/interim EAD requests anymore when it goes over 90 days. Will we have to file mandamus suits on EAD soon?



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  • lazycis
    01-26 07:13 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.

    That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).





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  • maximus777
    11-20 06:10 PM
    Yes ... and that "something" is a billion dollar business model. Education is a big business here .. not to speak of billions spent by the students in housing, insurance, living cost etc. And if there is no H1 after studies, this source dries up .
    Contrary to popular belief, most students studies on Self Funding basis .. paying huge out-of-state tuitiion. So the myth that US Tax payers are paying for education of International Students is not true. The miniscule high flyers who go to top schools, go for Ph D, Post Doc, tenure track proffesors etc already have the option to get GC through EB1.

    If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.



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  • krishnam70
    04-14 11:59 AM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.

    This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.

    - cheers
    kris





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  • gc_bucs
    04-01 06:09 PM
    sent fax # 11



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  • neverbefore
    07-14 11:26 AM
    I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
    So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
    After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!

    Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.

    Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.

    When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.

    Thanks buddy.





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  • Jaime
    08-31 05:23 PM
    no jaime, there are excuses:

    i did not get a receipt, without that how can i think of GC?

    i filed 485. now why should i care?

    (top two!)

    my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?

    there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.

    apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:

    Paskal, you are right! Yet there are also thousands of concerned members, and others who don't yet know of IV. Also, any of the people that you mentioned can have a change of heart. People are essentially good if they see the goals and reasons clearly. Let's encourage them, and go for it! Over 10,000!!!



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  • Pagal
    04-21 08:42 PM
    I wanted to send message also.Do you recommend giving original deatils on the form when sending message to white house and senators.

    Thanks

    I provided all details including my address, email, phone etc....





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  • delhiguy
    07-06 03:24 PM
    As per the website its brodcasted on these days
    Monday-Friday, 6:30-7 p.m. ET;

    I hope they havent postponed it till monday



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  • Macaca
    09-02 08:34 AM
    Immigration Voice will hold a rally and gathering in Washington DC on Sept 18th 2007.

    Immigration Voice will be doing a huge rally of 10,000 plus members in Washington DC on September 18th. The route and timing will be announced shortly.

    From 1 Million Skilled Workers Stuck in 'Immigration Limbo' America Faces 'Reverse Brain Drain' as Complicated Laws and Green Card Backlogs Send Asians Home By SUSAN DONALDSON JAMES | ABC News, Aug. 27, 2007: part 1 (http://immigrationvoice.org/forum/showpost.php?p=158662&postcount=1019), part 2 (http://immigrationvoice.org/forum/showpost.php?p=158664&postcount=1020)

    Immigration Voice, a grassroots organization that represents the nation's skilled immigrants, expects 5,000 of its members to march in Washington, D.C., on Sept. 18 to press Congress for reform.

    I've always believed that
    if you put in the work,
    the results will come.

    I don't do things half-heartedly.
    Because I know if I do,
    then I can expect half-hearted results

    His Airness, Michael Jordan: The Best Ever





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  • vdlrao
    06-04 06:09 PM
    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead



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  • pray
    08-22 01:08 PM
    08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA

    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C
    Please stay tuned.

    Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.





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  • svam77
    08-10 01:01 PM
    And on the top nothing is justified .....

    only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.

    Why dont u show ur frustration there ??

    And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......

    And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor

    And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........

    And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....

    The whole GC thing is a broken process ....... Just leave this topic here
    and it would be good if the moderator closes this thread ......





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  • pappu
    03-26 12:47 PM
    I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.

    Thanks from Michigan
    Sanjay or Varsha will get in touch with you.





    superdude
    10-11 06:19 PM
    Read the message clearly before posting. He already mentioned that she could not win the H1B lottery.
    If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)





    ssnd03
    02-19 10:09 PM
    Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.

    If this cannot happen for you then you should look for a change towards this provision.

    But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.


    Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.



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