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  • conundrum
    11-06 11:56 AM
    btw, I didn't notarize my letter. I faxed in the FOIA request.





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  • logiclife
    08-03 02:30 PM
    Copying from the reply I posted here:
    http://immigrationvoice.org/forum/showthread.php?p=133404#post133404

    I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
    2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

    Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.

    Thanks

    If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.

    Wish you all the luck Abhijit.





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  • Dhundhun
    01-19 11:22 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
    Lawyer may be more knowledgable, but here is pointer to User Manual.

    http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF

    Read page number 106 (Legal limitations for copying).

    After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).

    Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.

    This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
    This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php

    There is some discussion here http://boards.immigration.com/showthread.php?t=129660





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  • gconmymind
    04-23 07:19 PM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler

    Congrats! Please continue to provide valuable info on the forum. You have been great. Thanks!



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  • paskal
    04-08 11:19 AM
    If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:

    1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.

    2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.

    If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.



    on the face of it i largely agree, you are however misisng something important in my opinion. Look at the Lc process for Gc carefully. A company is required to advertise then employ any citizen with "minimum requirements" whether or not they are suitable or the best candidate. If the same were to be applied to the H1b- and to renewals, mind it, consider whether most H1B visa holders would be able to continue.
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.





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  • h1techSlave
    04-04 10:41 AM
    I agree with the suggestion. As Murthy has written, the maximum effect is when individuals directly contact the senators and explain to them about the hard comings that we face. We could write to individual senators (e-mail would suffice) explaining about our predicament and the benefit to the American economy and people, if EB numbers are increased.

    H1techSlave



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  • thirdworldman
    03-09 10:56 PM
    Oh yeah, I know my bench sucks.





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  • srkamath
    07-04 03:16 PM
    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.


    Yes, i'm not supportive of those that seek to exploit loopholes, I understand their frustration, i feel the same frustration. If we know for certain that someone is deliberately, possibly illegally abusing the system we should report it to either DOL or USCIS. Look what the exploiters have done to the PERM system.......



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  • GCOP
    10-15 01:04 PM
    Flowers can work this time also. Any/All suggestions, which help to pass the visa recapture bill are most welcome. I think, right time to start any campaign would be after election. In the meantime, we can utilize this time to come up with firm action plan. IV core team is requested to decide the course of action and declare the action plan.

    Guys,

    I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.





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  • BMWX5
    03-03 09:50 PM
    I own three houses + some land.



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  • reddymjm
    09-10 05:45 AM
    for eb3 - I think things will be better than what most are expecting. I know that is not enough but atleast it is not hopeless. I guess what most can do is hope for best and be ready for worst. this is why I feel it will be better
    -------------
    my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
    simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.

    True. But this is slower as this gets split in to all categories. For EB3 to get all of that or most of that will take years.





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  • ramaonline
    12-26 01:40 PM
    there is no concept of employee transfer after 140 approval. once u get 140 approved u can get 3 year incremental h1 extension due to retrogression- portability is also allowed during these 3 years - so u can join any employer. (h1 transfer) also note that if ur current employer does not revoke the 140 u can retain the PD and use it for a new gc application with a new employer, else u must start the LC-140 etc process once again.



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  • supernova
    04-06 08:37 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.





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  • pitha
    01-28 09:39 AM
    The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don�t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.



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  • India_USA
    04-13 01:09 PM
    I am new to this country........reading the posts from members, I wonder if we did the right thing in coming to the usa? Life in India is improving a lot.
    Planning to study here.......is it better to go back after a couple of years?





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  • nojoke
    09-17 11:56 PM
    when did i rant..haha, its funny when people are cornered they talk stuff which arent even relevant

    you crack me up, no offence

    You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults



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  • h1techSlave
    02-08 02:44 PM
    sts_seeker, We are perfectly happy to wait "before everyone who filed earlier." If you as a Nepali had a PD in 2001 and my PD is in 2002, I have no problems in you getting your GC before me. In this situation, you have filed before me, so it is fair that you should get your GC before me.

    But today with the Country quota in place, your PD could be in 2007 and my PD could be in 2002. Guess, who would GC first?

    I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.





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  • dummgelauft
    05-29 10:25 AM
    I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
    I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
    I hate it when people cry and feel like they are being persecuted when asked to follow the law.

    Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
    If you are using EAD, even better, carry the darned EAD card in your pocket...
    I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
    I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.

    The Mexican border needs to be handed over to the US army or the National Guard.





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  • msgrewal81
    02-19 12:20 PM
    well said Jaime...We should support this bill..

    Read this carefully before you comment here:
    "fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".

    This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.

    In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.

    Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.





    sneha.shah
    04-24 01:31 PM
    Hi,

    I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :

    1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
    2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
    3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
    4) How about if my current project completes before oct 1st and I have already applied for h1 ?

    Kindly help me for above questions, would appreciate your help.

    Thanks in advance.





    Ramba
    07-15 10:54 AM
    I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.

    Will this cause a concern with USCIS as
    1. This company applies for 140
    2. Revokes an approved 140 when employee quits
    3. Is again willing to offer the job

    Should I take AC21 route instead as I have an offer with the company B.

    If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.