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  • starving_dog
    06-27 07:03 AM
    Another reason for optimism, read his last three entries...

    http://www.visalaw.com/blog.html




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  • ArunAntonio
    07-09 06:08 PM
    Excellent job!
    But should we remove the contact number of Vikas Chowdhry from the article -- ??

    Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!




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  • cchaitu
    10-04 05:33 PM
    As this is my crucial time of my life, anyone from our IV members please help/Advice

    Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)

    Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)

    Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)

    Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)

    Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number

    Please advice - Thanks in advance




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  • caydee
    05-23 07:25 PM
    I like this as it gives a personal touch.

    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years � 2.2 million a year � to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor�s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    David Chappel



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  • indigo10
    11-17 06:19 PM
    Done, Thanks.
    Sent to my friends too.




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  • msandhu
    07-22 10:29 AM
    Hey guys

    My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!

    I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?

    Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?

    -thanks.

    Hi,
    I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
    Hope this helps
    Regards
    MSandhu



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  • surabhi
    04-23 05:18 PM
    There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.

    I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.

    1. H1B is a legitimate business expense. It should be factored in as such by the employers.

    2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.

    3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.

    4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.

    5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.

    6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.

    7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.

    8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.




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  • vin13
    07-16 05:58 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    How about basing it on when a person entered the country. Will that be fair for you?



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  • jnraajan
    02-08 06:58 PM
    Pappu

    The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.




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  • chanduy9
    07-05 11:30 AM
    This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.

    Any takers?

    By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.



    Please don't look at the rate..or for any one...look at the impact, do it before it is tooo late.
    Already bunch of people sent the flowers for JULY10TH. please stick to the same date.

    http://immigrationvoice.org/forum/showthread.php?t=6029

    Thanks,
    Chandra.



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  • always_hopeful
    11-17 09:24 PM
    Done. Sent emails from myself & wife.




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  • zoooom
    08-13 02:01 PM
    No Receipt notice yet..Mine reached at 7:55 AM on july 2nd. (NSC)



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  • delhiguy79
    07-25 02:56 PM
    but if we take rental, dont they ask why u brought rental?



    I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
    I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.




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  • feedfront
    08-26 03:39 PM
    Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.

    Did you get transfer notice? What's receipt date on transfer notice?

    I've everything on my I-485 and transfer notice but PD is missing because it was not filed concurrently with I-140.

    I-485's receipt date is Jul 30, 2007, notice date oct 11, 2007
    Transfer notice for I-485: receipt date is Oct 10, 2007 and notice date: Oct 12, 2007.

    Both has same A#, and receipt#.



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  • mnkaushik
    08-31 10:11 AM
    Congratulations mnkaushik?

    How many such cases are with uscis? And what happens to the one you filed for yourself?

    During July 07, i know some of the couples did apply twice once a primary and other as dependent on the other. In July 07, wife and i did not take that approach and had separate applications. In August 08, i applied for my second 485 as her dependent since i would have to wait a decade to get gc through my application. For now, my other application shows under review. Once i get GC in my hands, then i will ask my compnay lawyer if there is a need for withdrawing my other application.




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  • good idea
    09-23 04:34 PM
    If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
    Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
    On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
    Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

    ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...



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  • Sachin_Stock
    09-24 05:43 PM
    Atleast we agree on one point that the law is absurd.

    Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.




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  • pani_6
    03-25 05:02 PM
    :eek:??..EB3 for the last 7 year has not progresed beyond 2003 June or July..it comes forward and reverts back:mad:




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  • 485Mbe4001
    04-21 03:27 PM
    http://download.srv.cs.cmu.edu/~pausch/

    Please click on the 'Last Lecture'. it is a 76 min lecture by a professor Randy Pausch from Carnegie Mellon University who is suffering from pancreatic cancer. it is about life, goals and dealing with the issue.

    more information about him at http://en.wikipedia.org/wiki/Randy_Pausch

    "The "Last Lecture"
    Pausch delivered his "Last Lecture," titled "Really Achieving Your Childhood Dreams," at CMU on September 18, 2007.[7] This talk was modeled after an ongoing series of lectures where top academics are asked to think deeply about what matters to them, and then give a hypothetical "final talk," i.e., "what wisdom would you try to impart to the world if you knew it was your last chance?"

    Before speaking, Pausch received a long standing ovation from a large crowd of over 400 colleagues and students. When he motioned them to sit down, saying, "Make me earn it," some in the audience shouted back, "You did!"

    During the lecture, Pausch was upbeat and humorous, alternating between wisecracks, insights on computer science and engineering education, advice on building multi-disciplinary collaborations, working in groups and interacting with other people, offering inspirational life lessons, and performing push-ups on stage.

    "




    nehas
    01-29 05:59 PM
    in trouble. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.

    But as of now he is not paying me any thing. so is there any thing that I can do about it?




    gc4sk
    06-27 11:52 AM
    Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.

    This is not a legal advice just a suggestion



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