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  • oliTwist
    01-10 08:46 PM
    I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.




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  • babuworld
    11-19 03:33 PM
    Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then

    1.Is my H1B still valid?
    2. What will be the status? My employer didnt apply for EAD at this movement.

    Thanks in advance for your suggestions.




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  • leoindiano
    07-09 01:08 PM
    Guys,
    Lot of our friends are waiting from 1998... Please wait, your turn will come.:o

    This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?




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  • kaisersose
    05-22 12:01 PM
    I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .

    I think the chances of that happening are very slim.

    The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.

    Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.



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  • joydiptac
    09-30 05:33 PM
    AILA Leadership Has Just Posted the Following:
    Dear Director Mayorkas:
    Last week in a speech you ...
    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)

    What is AILA complaining about?
    The fee increase? really??:D
    or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
    Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
    AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.

    READ THIS:
    We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.




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  • Berkeleybee
    05-17 01:22 PM
    BerkeleyBee,
    Thanks for opening a seperate thread for this.

    Looking at the proceedings for the last 2 days i feel those opposed to immigration r using the delaying tactic to somwhow push out and kill the bill. It also looks like some form of the bill will come out eventually.
    There are enough provisions in the bill which will have a significant effect on retrogression when it becomes a law.

    As the bill progresses in the senate and in the conference, they may push out the effective date ( for the bill to become a law) to get the house aboard.

    I wonder if we can ask for some non controversial portions of the bill such as capturing unused VISA numbers (they must be 90K) to become law immediatly. This will ease retrogression significantly as there will be no country limits for those numbers.

    Can we ask any Senator to bring such an amendment.
    (remember those who r here illegally and who need to wait for 8 years to apply for G.C can wait an year more. Need i say about those stuck in the Employment based categories.)

    --MC

    Mchundi,

    I understand your anxiety. To answer your questions:

    There is no chance of having any single set of provisions "become law immediately."

    Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.

    For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.

    Hang in there!

    best,
    Berkeleybee



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  • galacticman
    03-06 07:30 PM
    Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!

    ***************
    EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07




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  • rbalaji5
    03-19 12:52 PM
    Friends,

    I heard that,

    Priority date is used only for filing the I-485. Once we filed the I-485, GC is provided based on the Receipt date of I-485 if the Visas are available after review

    Is it True ?.



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  • arihant
    12-02 10:54 AM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.




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  • drirshad
    07-29 06:50 AM
    old pork chops arn't gonna get any good ideas so better show some courtesy ......



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  • pappu
    08-11 01:12 PM
    Immigration Voice would like to thank its members for their continued support and dedication. Your contributions and volunteer efforts will enable us to work towards solving the issues that we all face during our employment based green card process.

    The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
    ================================================== ====================================

    IV Advocacy Action Item August 2009

    The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.

    To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html

    In summary there are three parts to this action item

    1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.

    2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
    Call 1:
    Tuesday August 11, 8 PM EST

    Call 2
    Wednesday August 12, 9 PM EST

    3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
    ================================================== ========================================

    Democracy, Advocacy and You

    Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.

    Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.

    Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.

    Thank You
    Immigration Voice




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  • immihelp1
    07-17 06:22 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file



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  • needhelp!
    02-13 04:50 PM
    Lets do it for us!

    IV' ans of Southern California,

    We need your help in making the Admin Fixes Campaign Successful. We are organizing a Southern California IV Meetup and Letter Signing Event this Weekend. We are targeting to get a 1000 letters signed and sent to the White House from our group. We need volunteers to print letter templates, get envelopes/stamps and most importantly bring family, friends and colleagues to this event. Please see below for details about the Venue.

    Where: Woodlands Restaurant 11833 Artesia Blvd, Artesia, CA 90701
    When: Sunday, Feb 17'th
    Start Time: 2 PM

    Please post on this thread if you can print letter templates, bring in envelopes/stamps, bring in family/friends to the venue or help out in any other way. Thanks




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  • snathan
    03-28 04:22 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

    yes...



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  • my2cents
    08-04 03:53 PM
    Not True

    All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.

    After approval, you can mail them.

    I have known 2 person whose spouses came without problem.

    Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.




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  • vin13
    06-25 10:10 AM
    Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)

    In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.

    Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......

    So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.

    All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)

    This is really a good one. It clears out some of the misconceptions among the general public.



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  • Beta_mle
    02-20 12:58 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.




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  • Prasad_FL
    08-05 12:03 PM
    Last year I renewed my passport in Houston thru usps mail. They took 5 weeks for me. Even if you go in person, they would take 2 days for processing. Check with the consulate.




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  • gauravster
    12-03 09:25 AM
    One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.

    You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.




    number30
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    Where did you send it? Tax returns with ITIN Requests will go to different address.




    krishnam70
    02-22 12:48 PM
    This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

    I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

    I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

    I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

    Thanks a lot - your help is much appreciated!

    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.

    Do not want to spread the panic but ....Be careful..

    - good luck
    kris



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