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Friday, June 17, 2011

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  • karthkc
    07-14 06:27 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?

    Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.

    Does not AC21 come in when you have used EAD to move instead of a H1 transfer?

    In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?

    If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.

    Either way, an attorney would be the safest bet..





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  • ckichannagari
    12-13 08:49 AM
    That's a good idea. A good way of generating funds for IV also. This way it would seem less burden for all of the members and they will be willing to come forward.





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  • pappu
    12-21 10:56 AM
    Conference Details

    Date: Wednesday, December 20, 2006
    Start Time: 9:00 PM Eastern Std Time
    End Time: 10:55 PM Eastern Std Time
    Participants: 25
    Type of Conference Web-Scheduled Standard
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 22558
    Hello Varsha,
    How was the conf call. pls post some brief notes. All NJ and NY members are invited for the meeting this sunday in CT
    http://immigrationvoice.org/forum/showthread.php?t=2645





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  • malaGCPahije
    12-10 03:57 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.

    every 4'th person on this earth is a chinese. The obvious conclusion given the 2 facts (6'th person as Indian and 4'th as Chinese) is that every 4'th person on this earth is a chinese, every 6'th person an Indian and every 12'th person is an Indian Chinese :-).

    I know, bad joke...The only thing we can do is support IV, and I mean financially more so than anything else.



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  • gsc999
    09-26 08:55 PM
    Here's a classic example ..

    If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

    I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

    Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.

    ---
    Hi,

    Thanks for your feedback:
    "I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."

    Your comment doesn't make sense to me. Please explain.





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  • GCNirvana007
    10-10 01:33 PM
    Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?

    No how about carry the documents which is required by LAW rather your criminal suggestion?

    Its simple, its LAW. They have clearly stated to carry. Just carry the damn documents and get over it. I see it amusing people whining about this. Its not like they are raping you. They are asking questions which they are entitled to. If someone crosses the line, then yes we can take it up on them.



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  • grinch
    03-11 10:33 PM
    Yes we are soulty!!

    Thanks bluesun, I'll try it out





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  • sprash
    02-02 02:46 PM
    Hmm I'm still not sure I follow.

    (Sorry if this a newbie question)

    So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?

    Wouldn't that be so easy to get?



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  • Macaca
    01-18 10:06 AM
    Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.

    In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.





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  • axp817
    05-26 07:12 PM
    Entire state of NH is within 100 miles of Canada.


    No it isn't. :p

    http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh

    The White mountain area probably is within a 100 miles of Canada though.

    Jokes aside,
    I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).

    These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).



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  • gsc999
    04-20 05:23 PM
    I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me





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  • NKR
    07-03 11:09 PM
    May I suggest the following reservations:
    20% Other Backward Countries (OBC)
    15% Scheduled Countries (SC)
    15% Scheduled Territories (ST)
    5% Kins of the armed forces
    Remaining 55% for Highly Skilled people

    Notfunny dude..



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  • prince_waiting
    09-26 10:06 AM
    Respected Editor,
    Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
    CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.





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  • amitps
    09-26 12:11 PM
    Please send a thank you email to the reporter....

    Eilene Zimmerman
    freelance journalist
    v and f: 619.582.2192
    ezimmerman@sbcglobal.net


    This will be a great gesture on IV's part.



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  • anurakt
    12-27 10:55 AM
    it would be useful to all if people who have traveled could let us know their experience transiting through different airports, also we should compile a detailed list of the airports that have some transit visa requirements.

    Austria
    Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
    http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text

    Address / Contact numbers in USA
    Austrian Consulate General
    31 East 69th Street
    New York, NY 10021
    Tel: +1 (212) 737 6400
    Fax:+1 (212) 585 1992
    E-mail: info@austria-ny.org
    Public hours: Mo - Fr 9:00 am - 12:00 noon

    Kuwait

    US Passport Holders: Not required
    Indian Passport Holders: Not required
    For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.

    Address / Contact numbers in USA
    Kuwait Information Office
    2600 Virginia Ave, NW, Suite 404
    Washington, D.C. 20037
    Phone: 202-338-0211
    Fax: 202-338-0957
    Email:questions@kuwait-info.org


    Netherlands

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    Address / Contact numbers in US
    There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp

    UK

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    YOU ARE EXEMPT IF::

    You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
    You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
    You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
    You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
    You have a valid US Immigrant Visa packet (form 155A / 155B); or
    You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
    You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
    You have a valid common format Category D visa issued by EU/EEA member states; or
    You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
    You hold a diplomatic or a service passport issued by the People's Republic of China; or
    You hold a diplomatic or an official passport issued by the government of India; or
    You hold a diplomatic or an official passport issued by the government of Vietnam.

    Note :
    Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
    Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.


    There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.

    For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.

    http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313

    This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.britainusa.com/consular/locate.asp

    Switzerland

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.

    www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html




    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.





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  • battineni
    08-10 02:23 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    I'm with you...!!



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  • dkjariwala
    04-09 12:18 AM
    The person was returning from the India trip. Anyway, I think I will shut up for now and get in touch with the person so that IV can help him and we can get some clarification on what IO can or can not do.





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  • swo
    08-16 01:38 AM
    I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.

    I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?

    You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.

    A 6 months wait is not unreasonable. I'd be happy with that if I was you!





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  • Indirant
    02-01 08:15 PM
    Varsha,
    I will be dialing in.
    Thanks
    Sekar





    saiimmi
    03-21 11:13 PM
    Optimystic!

    Did you see any LUDs on your 485 over the past few months?

    Thanks,

    Yes, I should have !! Its been a loooong Journey.

    I was stuck in backlog till Dec 06.
    Got I-140 approved in Jan 07.

    Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).

    Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)

    Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)

    So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )

    Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)





    rajuram
    01-25 01:26 AM
    For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

    BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

    Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...

    How about we start writing letters to the WhiteHouse/President on

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back

    for administrative fixes ?



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