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Sunday, June 26, 2011

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  • crazyghoda
    01-30 02:20 PM
    Ok now I am confused. I was laid off while in India. Since I could not then use my H1 to reenter, I used the AP. So my I-94 is stamped as AOS. Are you saying this was not a lawful admission? Are you implying that from the time I entered the US on AP (Dec till date) is unlawful?


    Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.

    245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).

    Please have all AC-21 related documents for latest job (or job offer).





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  • Jaime
    09-10 02:54 PM
    People are unjustly attacking your reputation - With the recent trend of attacking the H1-B visa program in regards to some consultancies exploiting it, every one of us is hurt. Even if that's the fault of just some employers, we, all of the employees of whichever company (not just consultancies) are affected, because the general public starts putting us on a par with illegals as far as lowering the country's overall quality of life, when we in fact enhance it!





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  • gc_mania_03
    07-09 07:43 PM
    http://www.ahslaw.com/documents/AHSLawsuit.pdf


    This document gives lot of legal details, states what the lawsuits exactly is..


    P.S : I Think its just filed, not accepted by the court as of now


    What are we fighting for now? We are expending all energies for temporary relief. I do not mean to belittle how important this step is for people who have been waiting to file for their 485s/EADs.

    But, couldnt these organization sue USCIS over the past years for being inefficient and squandering so many visa that could have helped a lot of us...Why isnt anyone talking about that? Should the new law suit also include the complaints of inefficiencies at USCIS and the cause of lost visas...

    Or am I just being naive with this thought...





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  • kedrex
    07-18 08:04 PM
    bump



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  • nixstor
    10-16 12:59 PM
    U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license

    i believe you dont have to put in any recpt # 's just your name...


    and also anyone knows the fax #??

    Fax number (816) 350-5785





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  • makemygc
    07-05 09:56 AM
    Immigration-law has reported that AILA has stopped taking any more plaintiffs for the lawsuit. What's IV stance on that? Does that mean if the lawsuit is settled in favor, only plaintiffs will get the benefit?

    From Immigration-law.com:-

    The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.



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  • sanju
    02-13 03:23 PM
    Why do you want to delete this thread? This is true. The witch hunt has started. Why be scared to say the truth?


    .


    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





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  • imneedy
    05-12 08:37 AM
    insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.

    I thought this message is for insbaby. Seems there was a problem with paypal, I checked with Paypal and subscribed again. Here are the details:

    Subscription Payment Sent (Unique Transaction ID #74J34454G6282325F)
    In reference to: S-4R794075S5203161T



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  • sasi1234
    04-10 09:13 AM
    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend

    First of all, I registered, just to reply you.

    Yes, I am an MS student planning to graduate this dec and looking for a job and Yes, I am one of those who is studying in a low profile univ paying $6000 a sem(they dont let me in a state univ. as I have a 3 yr degree even though I have a decent GRE score) and the result - sweeping and mopping the floors for $7 and hr at a Patel Store who cribs to his death.

    I thought, what the hell, I dont have to do this and I quit the $7 job(I hate to call it as part-time job) and now I have $22k to repay.

    Yes, you bet, I am going to fake my resume and get into a job as thats the only option I have. But I know my stuff. I have seen and spoke to people with 6 yrs of *Genuine* experience and I know where I stand.

    Yeah, my first employer is going to have a hard time, but its a matter of couple of months and I'll be on track and I am probably be better than *SOME* of those who have real experience.(I am not saying this out of nothing, I worked in ITES for 4 yrs before I landed in the US and A).

    Bottom line is - Its all struggle for existence. We all(atleast 98%) came here to make money and there are different ways and some ways might hurt somebody- Just cant help. Its all in the game.

    PS: I am going to catch the next flight after I make $22k+flight and charges.
    Then why I came here- Just to get a master's and experience a new(so called) winning society.

    PEACE





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  • desi3933
    02-03 01:04 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    ....
    ....

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.

    Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.

    Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • drona
    07-09 03:14 PM
    Way to go Gabriela!





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  • indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. 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

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.



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  • reddymjm
    09-10 02:04 PM
    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200.

    Yes True. This can happen only in the last quarter. I guess in August or Sept 2011 bulliten. Probably USCIS would love to put C instead of moving it a year by year as they love the flood of applications and backlogs.





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  • desibechara
    04-07 06:26 PM
    I dont even remember off hand about my date.
    I think its Oct29, 2001 so I am just about there to become current.
    And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.

    Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.

    db



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  • johnmcdonald98
    07-05 12:19 PM
    I go against this idea, because this doesn't work out logistically.

    First as others pointed out traffic will be way less as soon as IV charges,

    second, what would be the cut-off? $5 or $100? So if person who paid $5 might get the same privileges as guys who paid $1000? Is it fair, then you need to come up with normal, premium membership etc..

    Third, as soon as you make people pay, they become more demanding as they need to know where their each cents have been spent. I guess then IV core member needs to answer questions related to this more than actual issues

    by the way who and where do they keep the accounting in IV?





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  • diptam
    06-30 10:48 PM
    Yes - USPS express mail is next day. But you may not find a open Post office to post the Mail on SUNDAY.

    I'm not sure if you drop it in a Express Mail drop box tomorrow if they will pro-actively pick up and deliver by Monday - Probably No.

    USPS express mail is a 365 day service so far as "Delivery" is concerned but not from a "Pick up" standpoint probably


    If FedEx doen't help try USPS, they also have overnight delivery.
    If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.



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  • go_gc_way
    12-28 12:48 PM
    For Detroit you can use http://miindia.com.

    WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.





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  • sledge_hammer
    06-08 06:03 PM
    Welcome to the club, China! :D





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  • Jaime
    09-12 11:39 PM
    Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!





    singhsa3
    03-03 04:22 PM
    That is option # 2
    How about another option for people who are going to buy shortly even though their GC approval is far far away?





    rpulipati
    10-31 10:18 AM
    This poll people are the most affected in the retrogression and I can see that 700 people has voted so far.

    Official number may be much large, x2, x3 or x10.

    Without no law change, we will be here for years to come.

    Support IV.



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