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Wednesday, June 22, 2011

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  • amitjoey
    07-13 05:37 PM
    New members:

    Please contribute now.... Nothing is free here. Even to maintain this web-site it need money.. Think how important information you get just by joining IV. And guess what if we would have minimum fee to join IV, lots of us would have paid it. But IV is so kind enough that they don't ask money to join it. But now it up to us if we want to contribute. New members and old members who haven't contributed yet please contribute now...Show that you are not free rider and you care about IV...

    Thanks a lot...


    Who is first?


    ||||





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  • abracadabra102
    02-13 08:35 AM
    I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .

    -vinod

    Is that a 10+3+1 education?. If it is, USCIS should have denied your I140 the first time. At least, you could have re-filed in EB3. Try to open MTR as others have suggested but do not hold your breath over this and get ready to file another labor.





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  • nk2006
    03-03 12:59 PM
    A question to the people who used AC21 and on EAD:

    I am on EAD and changed job (six months after the I-485 is submitted). The new employer - a well know tech company - insisted on sending the AC21 letter to USCIS, and I sent it. After sending the letters there were LUD's on I485 applications for me and wife and I assumed the letter reached the files. There was no activity after wards. Recently my wife went out of country and while coming back she went thru the AP parol process. The immigration officer asked her a few questions, one of them is where I am working. She mentioned my current company which made the officer to have a question mark on his face (the file he is looking at has my previous employer name). We were expecting this to happen and my wife quickly explained to him that my application was sponsored by so-and-so company (my previous employer) but later I changed jobs as per AC21. She even had a copy of AC21 rules with her. There was no problem but she was kept in waiting for another 30+ minutes until the immigration officer talked to 2 other officers. She got the impression that most of immigration people there are not really aware of AC21 and this made us think this could be a potential issue for those who used AC21.

    Did anyone had any issues like this. We were lucky not having too much of a hassle but was thinking on how to handle these port of entry interviews if someone used AC21.

    Thanks to IV for taking this up.





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  • smuggymba
    01-01 09:20 PM
    He called it garbage can out of bitterness and perhaps a little sarcasm. Obviously this is very important to him, otherwise he wouldn't have vented to perfect strangers on the internet. Have you never really wanted something and lashed out at it out of frustration?

    I understand and respect the feelings of people in similar situation.



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  • superdoc
    09-20 10:11 PM
    In my opinion if you choose to use EAD, I think you will be very much fine with this route but with H1 transfer it will be tricky. You may have to go through 2 H1 transfer to come up clean legally. First H1 transfer to new employer and second H1 transfer to old employer again As you did not work for old employer for one yerar and hence no pay stubs and hence technically H1 dies there and so if old employer is willing "to hire again after one year" your old employer should file new h1 transfer and then you can come clean.

    And during all this juggling make 2 things sure.

    - You do not get promotion
    - You do not get more than reasonable (10-20%) increment in the salary (The slary which was mentioned in your labor application)

    Again before juggling consult the lawyer first.
    I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.

    If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue





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  • chanduv23
    10-05 11:52 AM
    ^^^^^^^^^^^^^^^^^



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  • sgupta33
    10-05 11:26 AM
    Government of Power?

    GOP refers to Grand Old Party. It is the term used since 1880 to refer to the Republican party.





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  • dhesha
    01-13 04:12 PM
    It appears that you are cracking a joke, but I cannot stop from replying to your post. Why are you asking God to save IV? For the things we cannot do or for the things we dcon't understand, why do we always have to bring in 'God' in the picture? Can't we even crack a joke without brining in God?

    I am just trying to prevent world war III on these forums. Thats why my request for not referring "God'. We will all be much more happier funnier and peaceful if we try not to bring in 'God' in the mix.

    Next thing you will see, someone will post - "God, when will the VB dates move for my category".


    .


    Oh God, when my day will come.... :D



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  • greyhair
    05-29 09:40 AM
    It seems that the word got out on these IV events. TechCruch has this article with IV events mentioned on its home page-

    Why Policy Makers Should Review the Facts Before Marching to the Drumbeat of the Xenophobes (http://techcrunch.com/2010/05/29/why-policy-makers-should-review-the-facts/)

    GREAT going!





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  • chanduv23
    02-07 01:41 PM
    I got EB2 140 approval (I have BS + 5 years of experience)



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  • miguy
    05-18 11:47 AM
    I opted for the CP option as well. My I-140 was approved in Oct 06 and thats when my attorney received the package for Consular processing from NVC.
    Although my PD is not current yet, my lawyer asked me to pay the fees so that they can send the packet back to NVC. I am not sure what to do as my PD is not current yet.





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  • tikka
    06-25 12:47 PM
    IV members have saved all of us a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing their personal paperwork and + lobbying.
    Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.



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  • unbreakable
    07-14 04:37 PM
    I have just sent it to Senator. George Voinvoich (R-OH) and Senator. Sherrod Brown (D-OH)





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  • knowDOL
    05-11 04:35 PM
    After having gone through so much, it does no affect me on if the bill passes or fails. If I get GC or not, if I get EAD or not,, I have become a kind of what do you call, a stithapragna as read by Geetha.



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  • best_mode
    07-20 05:17 PM
    My interpretation: the vote was not on Cornyn's amendment; in response to a Point of Order raised, there was a motion to waive the Budget Act for Cornyn's amendment (the Budget Act requires 60 "Yes" votes to bring to the floor amendments to appropriation bills); if 60 senators had voted "Yes" (and agreed to waive the Budget Act requirement for Cornyn's amendment), then a vote on the actual amendment would only have required a simple majority. But because only 55 voted "Yes", the amendment failed to obtain the waiver; it was out of order because it did not qualify as an amendment to this bill.

    Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.





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  • ivdude
    04-15 02:08 PM
    It would be very helpful, if people share names these of employers.



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  • validIV
    04-08 10:27 AM
    I'm hoping they make all the Family Based current. Don't see why they only made the EB categories current in the July 07 Fiasco. Keeping my fingers crossed.





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  • qplearn
    11-19 04:24 PM
    Do we have any statistics on people who have moved back because of retrogression? That might come in handy when we write letters or meet ppl in lawmakers' offices.





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  • mmk123
    07-29 03:17 PM
    dougjones, it took you 2 yrs to reply for a thread in 2007? You seem many light-years away from all the issues that are faced by EB professionals.

    Listening to EB folks is a win-win situation for both this country and the professionals. May be more win situation for the country than professionals.

    If using civilized, peaceful, democratic way of asking for right things is crying, then yes, I am a cry-baby because it is better to be such a cry-baby than anti-immigrant, nativist abusers on various forums.

    well, we expect reply in next 2 yrs because that's the delay right now ;)





    shana04
    02-23 09:39 AM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Thanks,
    Chandra.
    Facts:
    Labor: July 2005
    485 File Date: Aug 2005
    I 140 Approve Date: <Mon> 2007
    On Bench: Jan 2008 to Jun 20th 2008
    Working with new employer since: June <last week> 2008
    RFE: Dec 2009 (for EVL) filed AC21
    second RFE on last 5 yr employement, W2 and Tax returns

    Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney

    Questions:
    1. When did you start using EAD

    2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.

    If you filed taxes appropriate to 2008 then you are just fine

    talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.

    Please provide all the facts before some one can help

    good luck and keep posted with updates





    a.j.2048
    02-15 11:01 PM
    well i dont know if they actually said that or its your own conclusions

    http://www.uscis.gov/files/nativedocuments/H-1B_BFCA_20sep08.pdf

    It is important to note that for this particular sample size of 246 cases, the percentages listed above represent statistically valid figures based on generally accepted statistical reporting guidelines.


    without the number of student intake doubling/trembling up to make it one


    The number of foreign students has definitely increased since then. The quota is not that
    big, so even a small increase like say 10% in the number of foreign students is enough to
    swamp the quota.

    http://www.usatoday.com/news/education/2008-11-16-foreign-students_N.htm

    These numbers are truly historic," says Goli Ameri, assistant secretary of State for educational and cultural affairs. "We haven't just covered lost ground � we have now surpassed" previous records.


    Plus more than enrollment, it is the economy that governs how soon the quota is reached. In my experience, the economy
    showed good growth after 2005, which understandably led to increased hiring.

    again i dont know if thats what the anti-immi's complain

    http://www.cs.ucdavis.edu/~matloff/Archive/FraudNotTheIssue.txt


    The employers will still be paying only the official prevailing wage, which is far
    below the real market wage, and it will be business as usual. Again, this is the
    loopholes at work, in this case in the legal definition of prevailing wage. Most
    employers who are using H-1Bs as cheap labor are doing so FULLY LEGALLY.


    The true rate of abuse of the H-1B program is near 100%.

    THE FRAUD ISSUE IS IRRELEVANT



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