sapota
08-31 04:01 PM
should be taken with a huge grain of salt. The job of the media is to create sensationalism so that the news can be spread.
The general issues still are true.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
The general issues still are true.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
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Naveen
05-18 04:57 PM
Look at it this way -- An additional quota means more regular EB visa's to go around which will help all. Asking to give 20k more GC's for US Graduates will sound more easy on the ears than asking for a general 20k increase.
sujith1
12-03 01:47 PM
I do not understand Number 4 : As far as I understand and what lawyers told me - your salary can go up and as long as it does not go below the posted number in your Labor Petition you are fine. But I hear this comment always - This confuses me as to how much truth is there in it.
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
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swadeshi
08-31 07:47 PM
Its useless... How many senators, their voters or other decision makers watch those kannada, telugu or even rediff???
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
It is for all those people (the indian diaspora) who do log on to the online versions of their hometown newspapers to check local Indian news, it might be a pleasant surprise to see the news abt the rally out there!!!
Secondly won't you be inclined to be a part of the rally when your mom or dad friend or a cousin read the news back home and asked you " are you a part this movement" imagine all the non commital people saying ummm ummmm food for thought bloke!!:rolleyes:
An BTW I would bet that CNN, FOX and ABC would be forced to cover a rally of this magnitude...
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
It is for all those people (the indian diaspora) who do log on to the online versions of their hometown newspapers to check local Indian news, it might be a pleasant surprise to see the news abt the rally out there!!!
Secondly won't you be inclined to be a part of the rally when your mom or dad friend or a cousin read the news back home and asked you " are you a part this movement" imagine all the non commital people saying ummm ummmm food for thought bloke!!:rolleyes:
An BTW I would bet that CNN, FOX and ABC would be forced to cover a rally of this magnitude...
more...
gk_2000
11-02 10:47 PM
Well, at least the bill has been introduced in senate. And if it fails then perhaps peacemeal will happen
nonimmi
05-22 03:23 PM
1. Goto queens NY and join a fish shop. Most of them dont want to be legal though as they have to pay tax!!
2. Go climb Statue of Liberty wearing a T-shirt "Gimme Z"
2. Go climb Statue of Liberty wearing a T-shirt "Gimme Z"
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harrydr
11-26 12:03 AM
This is an outstanding job done to be presented to the CIS. Hopefully, IV members can convince CIS for immigration reform and make the quarterly spillover happen soon.
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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nrk
10-26 10:48 PM
HI i got my traffic citation this August 15th 2009. That too driving 35 mph in a 30 mph zone, 5 miles over the speed limit and i paid a fine of 125$ plus a 1 point to DMV history. That is the only citation i have till now.
NRK,
Did you get any high level traffic citations any time ?
Mostly they dont matter unless its high level
If I-140 is revoked , i believe the message should be some thing different
thanks
NRK,
Did you get any high level traffic citations any time ?
Mostly they dont matter unless its high level
If I-140 is revoked , i believe the message should be some thing different
thanks
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tinku01
02-12 12:29 PM
As I have already accepted that my decision of choosing CP was not right during the time of recession. When dates became current, I thought mine will be current in a month or so and CP is a faster process to get green card as 485 filers some time stuck in name chack and all ( as I know couple of friends). So that was the only reason I filed Cp instead of 485.
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
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coloniel60
08-13 10:39 PM
My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.
No where in the I-485 standard operating procedure do they mention that second filing will be rejected. This is what they say:
"Second filings refer to I-485 applications submitted to a service center with
a new filing fee even though one may be pending at another INS office.
Second filings will be handled under the normal process."
Just mention in the cover letter that you are mailing again because you didn't get a receipt notice even after 60 days and that USCIS has issued an update that they have processed all application past your mailing date.
No where in the I-485 standard operating procedure do they mention that second filing will be rejected. This is what they say:
"Second filings refer to I-485 applications submitted to a service center with
a new filing fee even though one may be pending at another INS office.
Second filings will be handled under the normal process."
Just mention in the cover letter that you are mailing again because you didn't get a receipt notice even after 60 days and that USCIS has issued an update that they have processed all application past your mailing date.
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jskumar
01-05 02:05 PM
Techies also need some PM sort of training to deal with Managerial BS that keeps coming by.
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sugaur
04-23 06:41 PM
It is easy to visualize a scenario where an activist Latino american citizen, probably acting under guidance by La Raza, purposefully fails to establish his identity and gets arrested. Imagine the media circus once the news outlets find out that an American citizen was detained due to this law.
I think it wont stand for long.
I think it wont stand for long.
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Hope_GC
05-30 06:23 PM
Voted Aye. 260 Ayes... Good going
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axp817
04-09 02:46 PM
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Good information, thank you.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Good information, thank you.
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nozerd
01-18 09:22 AM
I think it meand one of 2 things
1) There may be sopme qnquiry telephone number or email available only to lawyers
2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.
1) There may be sopme qnquiry telephone number or email available only to lawyers
2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.
more...
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chanduv23
10-10 12:25 PM
Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
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aquarianf
07-19 01:20 PM
No she cant becuase her visa appointment is on Aug 13.
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your posibilities here. You have enough time to explore your options.
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your posibilities here. You have enough time to explore your options.
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roseball
08-23 11:20 AM
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
dallasdude
06-10 03:44 PM
You can make whatever you like of the current situtation, but let me tell you something.
There is a HUGE difference between being TOLERATED and BEING LIKED.
I am sure you have the intelligence to see the difference.
You can "tolerate" someone you don't like, but you can not "welcome" someone whom you don't like. I for one, donlt want to be in the "tolerated" category.
And may I ask, what exactly is your definition of hostility? Being chased down the street by a bunch of thugs, who think you should be in their country, or the kind of passive hostility being practised as of now?
You are free to go back to your home land if you feel like you are not welcomed here.
There is a HUGE difference between being TOLERATED and BEING LIKED.
I am sure you have the intelligence to see the difference.
You can "tolerate" someone you don't like, but you can not "welcome" someone whom you don't like. I for one, donlt want to be in the "tolerated" category.
And may I ask, what exactly is your definition of hostility? Being chased down the street by a bunch of thugs, who think you should be in their country, or the kind of passive hostility being practised as of now?
You are free to go back to your home land if you feel like you are not welcomed here.
answers_seeker
02-25 06:04 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
