Tuesday, June 28, 2011

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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • nixstor
    12-10 10:05 PM
    Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?

    Please post in your state chapter. Do you live in DC/VA/MD?




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  • govindk
    07-04 10:02 AM
    Congratulations! Enjoy your independence :)




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  • anzerraja
    07-20 10:42 AM
    Thanks balakishore !!!

    All you need to do now is pledge an amount. Just write down a reply to this message what you would like to contribute.

    We are working on how to arrange for the payout. Once we figure that out, everybody in the thred will be informed.


    Could some one please tell me on how to contribute for this issue ?

    I am ready to contribute a little.

    I hope everybody will contribute a little, so that AMAN will come out of this issue.

    --Balakishore

    ( Contributed $100 till today )



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  • gcdreamer05
    02-01 08:36 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)




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  • gk_2000
    02-17 02:45 PM
    Answer to this:

    effective marketing...something called MLM was used and some false promises.

    This event cannot run based on MLM or false promises.

    It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.

    this:

    I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad/kludge - the goal defines the means (loosely).
    Of course many of these expectations cannot be satisfied in a honest non profit.

    And this:
    A dinner for a family costs $50 easily.
    A movie for a family costs $50.

    The mindset is incepted deep inside and it is extremely difficult to change.

    Sometimes, I see people wanting to do something, but their spouses don't allow them to.

    When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....

    People carry such mindsets, it is difficult to bring about awareness and change.


    is this:

    agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
    Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.

    Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?


    The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service

    Same with IV. If IV is just a rant board, who will believe? We must change IV!



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  • wa_Saiprasad
    07-04 08:56 PM
    I just sent flowers from proflowers.com. Order number : EGONZA0EG6UA.




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  • maag
    06-06 04:23 PM
    Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.


    Thanks!

    fundo...did you land, how did it go?



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  • shukla77
    11-21 01:14 PM
    Mehul,
    I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.




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  • unitednations
    03-08 08:22 PM
    If many EB3-I folks are getting GCs then why is EB3-I PD stuck in 2001? Shouldn't it move?

    One other note; those eb3 to eb2 conversoins original priority dates were 2003 in eb3.



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  • kondur_007
    07-19 02:49 PM
    I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...

    Let's please not start EB2 and EB3 fight again.

    What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.

    Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.

    Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).

    Under current circumstances, the only two hopes for EB3 India are:
    1. Port over to EB2.
    2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.

    What can we relay to our congressmen? (and we all should do it):
    - Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
    - EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
    - EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.

    Bottom line:
    - Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
    - Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
    - In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.




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  • GCStatus
    09-15 12:21 PM
    I appreciate your spirit, although I don't agree with your belief that you own the thread or the messageboards by the virtue of your creating a thread.

    What I posted was a plea to introspect (more so as the first anniversary of the D.C. rally approaches) - it was in no way dismissive of your efforts, or an effort to ridicule or demean your thread or its spirit.

    Not sure why you felt the need to be rude - being firm and clear about your goals is a sign of leadership, and being blunt may get you some more brownie points. However, brash/rude behavior is not a substitute for that clarity and firmness, imho - particularly with those who may be working towards the same goals as you are (albeit coming at it from a different angle).

    All the best in your endeavors, my friend.

    jazz


    I dont own anything - Its all WE. Its WE

    Apologizes if it hurt your feelings - Goal is NO negative energy here. Period.

    Please join us in this effort



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  • gjoe
    10-09 06:18 AM
    Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
    It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
    This GC system broke because the system was revamped without taking into account the whole process.
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.




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  • allen
    01-06 10:24 PM
    I landed on December 2009 on a Sunday and did the visa stamping on monday, for the h1 they asked status in canada and i said i landed yesterday; got the visa stamp but in the annotations it says canadian resident; got through the POS without problems



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  • GCSufferer
    08-30 11:09 AM
    Reached NSC on July 3rd 9.04 am. Signed by Besch. No receipts yet.




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  • sprint2004
    09-07 11:06 AM
    Hello All,

    Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.

    My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.

    Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?

    Thanks and good luck to all.



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  • BharatPremi
    07-10 05:22 PM
    So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use


    PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
    HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.

    Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips

    Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
    Refer to the article in the body of your email. For example
    You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
    After this, you can say that please refer to the attached press release for more information
    Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
    There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
    Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.

    Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)

    Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.






    I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.




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  • Gemini
    10-04 10:05 AM
    Hi,
    I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.




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  • sankap
    07-10 06:27 PM
    Chandu,

    I've no problems you or anybody else challenging me--we're all (mostly) scientists/engineers here, so making assumptions based on observations, and challenging them, should be the first step toward creating a hypothesis (http://en.wikipedia.org/wiki/Scientific_method). But science seeks evidence for those assumptions. Staying clear of traps like fallacies (http://en.wikipedia.org/wiki/Fallacy) should help.

    Ok, i am not challenging you or your interpretations. I am looking into all options.




    sanjay
    12-19 02:02 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.

    Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.

    I know this question should had been asked by other members also, but I don't want to search all threads.

    Looking for some genuine answers instead of thread bashings.

    Thanks in Adv.




    shukla77
    02-18 04:52 PM
    Question remains.. Why ? Why people dont do what is expected when they know that these initiatives are going to help them?

    There was a thread poll for another rally, but how many members came forward? How many IV members made an effort to convince others to vote on that poll so that IV core can plan for a rally?
    .



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