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  • va_labor2002
    06-22 03:20 PM
    Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.

    Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
    Just an assessment on where we are collectively as a group:

    312 new members in June 2006
    1100 new members in May 2006
    1400 new members in April 2006
    1000 new members in March 2006
    400 new members in February 2006
    600 new members in January 2006

    4812 in total membership.

    Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.

    Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.

    I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.

    On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.

    Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.

    Peace out!





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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...





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  • go_guy123
    06-18 10:52 PM
    I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.

    By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.

    Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
    Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.

    1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.

    1996: Beginning of tightening screws on immigrants.
    First harsh anti- immigration was passed. affidavit of support for family based GC.
    Massive increase in discretion powers for immigration officers at POE etc.
    10 year ban etc on overstay

    In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.

    Plus major difference between 1996 and 1986

    In 86 tough rules was a price extracted for amnesty for illegals.

    In 1996 not even one clause was pro immigrants.





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  • retrohatao
    07-17 02:41 PM
    Am I hysteric or what?
    Any ways here is the flash.
    My case has been approved and got the so called Magic e-mails stating that the cards have been order
    for me and the spouse.

    Here is the "series of unfortunate events" :
    1.
    EB3/TSC
    PD: Sometime in 1998
    Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

    2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
    thought I would save some time.
    3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
    4. Elated with the good news, applied i-140 & I-485 in 2004.
    5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
    amount of time.
    6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

    Following is the chronological order:
    EB2/TSC
    PD : October 17, 2001
    LCl : January 7, 2004
    RD I140/485 : May 28, 2004
    EAD : July 26, 2004
    FP Notice Date : February 1, 2005
    FP Done : March 22, 2005
    I140l : February 11, 2005
    Namecheck initiated: June 2004
    Namecheck cleared: June 2006.
    I-485 cleared and cards ordered: July 2006.

    Here is what I did to get out of namecheck:

    1. e-mail to FBI on monthly basis
    2. Snail mail to FBI, OMBUDSMAN on monthly basis
    3. FAX to FBI on monthly basis
    3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
    FBI directly
    4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
    FBI directly. One senator never even responded
    5 got FOPIA.
    6. Made the attorney to contact USCIS officially
    7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
    and almost filed WOM. Only thing left is to send the papers.
    8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
    Just tried some personal mails to USCIS director FBI et all.

    Not sure what really worked. Some one from DOJ took time to call me and informed that my
    name check got cleared.

    moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
    try the above steps and hope for the best.

    Thanks to the forum members!!! I learnt lot from your experience.

    I will still be around on this forum and will try to help as much as I can



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  • sledge_hammer
    06-29 02:42 PM
    My attorney clearly said she cannot get to my file until the end of the first week. She assured me though that she will be able to file it by July 15th.

    They are overwhelved with cases, and they are working weekends also.





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  • addsf345
    12-02 11:44 PM
    This in from Ron Gotcher website....I guess they are reading our letters.....


    Good news concerning AOS denials based on I-140 revocations

    --------------------------------------------------------------------------------

    ------

    I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.:mad:
    __________________

    read carefully all those who are thinking that the issue is over. I don't want to spoil the party, but this issue is still far from over.:confused:

    Please do help IV, help yourself, help ourselves. Take part in IV letters campaign for wrongful AC21 denials. Click here (http://immigrationvoice.org/forum/showthread.php?t=22182) & send letters.



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  • apt29
    08-17 02:59 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    Once get a job offer, or intended join date:

    You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.





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  • sanan
    06-05 08:29 AM
    I got mine today! 5 year long wait ...Phew!!
    Although I am yet to file for my wife...who is on H4...what happens to her status?



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  • alterego
    09-15 02:12 PM
    On the other hand, I think something else might happen unless things change quickly.

    Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.

    I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.

    I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.


    That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
    Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.

    When they want to act on something you can see it in the speed of action.
    Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.

    You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.





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  • ksita48
    09-03 11:02 PM
    My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:



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  • Radhika
    07-01 08:22 PM
    Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

    Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.





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  • knowDOL
    08-15 11:01 AM
    Converting to PERM is safe, does cost money and advantageous only to get 3 year extensions of H-1B which will save your company the money for extensions. (H-1B). It does not expedite your GC processing time and does not fetch you even EAD.

    My company's attorney converted 4 EB2 cases with PD March 2005 to PERM and successfully got approved all the 4 cases with in two months. On all the four cases they have not got the 45 days letters.

    In your case since you are in 8th year extension it may be better to either convert exisitng EB3 to PERM or file a new EB2 for a different position in same company and get I140 approved. Evaluate based on which one costs you less money.

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks



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  • justin150377
    07-02 01:16 PM
    time to sue...





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  • fearonlygod
    11-13 08:44 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest



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  • tinamatthew
    07-20 07:36 PM
    Can someone post where they have stopped issuing interim EADs. I have not come across any USCIS specific website.

    Thanks


    I know I have read it on the USCIS website...I'll get it for you





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  • no-tec
    10-14 07:24 PM
    i have one- im no-tec no one likes me though ? :q:



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  • immigrationvoice1
    04-15 10:20 AM
    Which country did you charge your GC to?
    Enjoy the freedom...:)





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  • jaggu bhai
    07-27 12:04 PM
    LongGCQ
    Thanks to share ur experience and knowledge.
    Frankly speaking we are interested in utilising time effectively, rather than studying hard to get a MS. On the basis of her health grounds, she cannot attend the college.
    Regarding fees, smaller college fees is around 6k, where as big name colleges around 13k,
    smaller colleges are easy to get results.

    We wanted to utilise OPT in the future, so we may have to incline towards F1!!!





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  • uumapathi
    08-19 08:59 AM
    My wife just got her EAD yesteday and it was for 2 years. I am expecting mine today and I hope it will be for 2 years as well and interestingly, my I140 is still pending.





    meridiani.planum
    07-10 09:23 PM
    Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
    since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)





    number30
    03-05 09:45 PM
    As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

    I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?


    Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.



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