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  • senthil1
    07-04 12:18 PM
    Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.

    You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.

    I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.

    Dear gurus - here is my issue and I need some real concrete help.

    I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
    I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
    In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
    As it is safe past 180 days, I used AC21 portability and moved.
    I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance





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  • NH123
    07-27 10:58 AM
    Is it possible to start a business on H1-B.Will there be any issues when i will file my 485.Can i give my Residential address as a contact address for the parent company which is in India ?Althoguh the income will not be generated on my name but will there be any issues in giving my Home address as point of contact ?Thanks in advance





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  • arunmurthy
    09-14 02:30 AM
    Nope, I am with you :)......

    PD: Nov. 10th, 2005
    Escrow Closing Date: Oct 20th, 2005!!!!

    I still own and live in the house :)


    I think it is a stupidity to own a house while working. Dont join the rat race.
    One should start a business and have some source of income that can pay
    for mortgage than budgetting within your monthly salary.
    Dont give me reds but I know that is the smarter way.





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  • de2002
    04-07 02:34 PM
    I dont know why whenever someone pull this post everone will read. "Hope" is the only attracting force behind it. As long as "Hope" exists we all will be participate in this game......
    Be positive we will also have a day); I wish it to be happen by this year.



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  • me_different
    01-10 06:19 PM
    thanks for fighthing for this cause.





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  • coolstonesa
    03-27 07:53 PM
    Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.

    Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.

    The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.



    There has been established a way to deal with backlogs at Dallas and Philly, and these officials at PBEC and DBEC have been given a deadline of Sept 2007 to clear everything. So someting is and will be done in this regard. Not much more can be done here with PBEC or DBEC, and the real test is to get solutions for the retrogression.
    Once the laws are passed on the immigration reforms, its a done deal my friend, and then it does not matter how much we try after this to address retrogression. This is our only chance.
    BUT realize that there have been delays in PBEC and DBEC only because of lack of resources, which can be added or taken off...and this will speed up or slow down DBEC or PBEC. This can be controlled outside legislation.
    BUT THAT IS NOT THE CASE WITH RETROGRESSION. NO VISA NUMBERS = NO PROGRESS TOWARDS FINAL GREEN CARD. DONE DEAL.

    SO PLEASE FIGHT FOR RETROGRESSION AND DO NOT LOSE FOCUS BY FOCUSSING ON PBEC AND DBEC. PBEC AND DBEC IS JUST A RESOURCE ISSUE AND NOT A NUMBERS AVAILABILITY ISSUE. LETS NOT LOSE THE WAR TRYING TO WIN A SMALL BATTLE.



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  • aeroterp
    08-27 04:49 PM
    I can confirm that DC allows you to renew online without looking at your immigration status. If you live in DC, make sure you renew online as I got it renewed for 4 years online.





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  • nozerd
    01-21 03:22 PM
    Like you I had been waiting since 2005 (when my labor and I 140 got approved) for my PD to be current. Now that its been current since October 1, 2008 and even had been current in few months in early 2008 I realize that its just one more wait.
    Nothing is going top happen by increasing quota unless USCIS speeeds up processing and decised to process based on a documented criteia (right now its completely random as TSC and NSC are out of synch and neither seems to follow any sequence of PD, ND or RD).
    Me and others like me have been waiting since 2001 and we are still stuck even though PD is current. We have a special thread for us who are pre OCt 2001 PD and are still waiting. So if anything focus on getting USCIS to process orderly and efficiently. If you increase quota but dont change USCIS behaviour you will be worse off.



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  • kittu1991
    08-27 01:22 PM
    Looking at the trackkit data there are 2 from Nov 2003 and 1 from Dec 2003, who got green this month. Is it that USCIS doesn't have enough cases from before Oct 1 2003, to approve that are approvable. :confused:





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  • chi_shark
    10-03 04:37 PM
    i asked the exact same question to my lawyer... she had no evidence or past precedents... i doubt if any lawyer will have it...

    the thing to note here is this: more often than not, your 485 will get approved (if your case is approvable) without any issues in the normal course... the question of denial comes ONLY IF there is an RFE and then ONLY IF IO is not satisfied with your RFE and he calls you over for an interview and then ONLY IF he is not satisfied with answers you give in interview. Taking a wild guess, we are talking about maybe small percentage of folks going to the RFE stage and fraction of that going to interview and a fraction of that actually getting denials... if people have other complications such as basic legalities in their business/self-employment or any other issues such as no pay for long time etc... then i suspect they may get denied whether self employed or not.... but if all is clear, then it should be very minimal...

    GREAT I SAY! What do you think?

    Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?



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  • chanduv23
    07-20 04:57 PM
    We have a huge task ahead of us. Looks like anti immigrants working against us.

    Surprised Hillary and gang did this.





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  • Jimi_Hendrix
    10-11 09:15 AM
    I personally don't think any dramatic change will occur by december. You should probably follow your lawyer. This is a reasonable guess based on warnings issued in the November bulletin and assuming that even if any positive legislation is passed there will not be any movement in December bulletin - such movement would occur only later.



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  • hebbar77
    05-02 02:22 PM
    My comment was in reference to the poster's Africa comment. Do you think it is well informed & 'classy' ?
    As for the OBC battle, is this the right forum to discuss such issues ?

    Ok , it may not be right thread to discuss everything here... but
    What I am saying is, instead of spending N years waiting for GC, I guess we lead better life elsewhere!
    Where else, in our home country... but that reminds me of descremenation again!!
    So I thought of place which is not in high demand yet... africa...!

    I always believe in making things happen, in stead of waiting for someone doing it for me!!





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  • chanduv23
    10-15 11:10 AM
    Good to hear from you sweet23guyin... seems you guys had a ball after I left.. ;-)

    Well - his Brother in law silently announced that it was his brithday after you all left :) and they treated me with a nice dinner :)



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  • virtual55
    03-02 11:13 AM
    I am working with an Indian Organization and asking them to send a mass mail to all its members and also asking them to contribute money to IV.
    I request all members of IV who are members of any Indian Organizations to do the same.





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  • AirWaterandGC
    05-14 12:38 PM
    I joined the forum last month and realized that I should NOT be one who wants a free ride. This is a great effort for all of us. We should support it by all means we can.
    Immediately signed for monthly contributions. Last weekend I heavily sent emails to media persons and contacted the senators too. Everyone and every dollar counts. I am spreading the name amongst all my friends and colleagues at work.
    Go IV !



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  • kittu1991
    08-26 05:39 PM
    [/B]

    It may sound crazy, 2nd biometrics may not be good sign when dates are current. I had my 2nd FP in June09. I spoke with IO out of curiousity to know of any update- more so to know whether my case is pre-adjudicated (as there was lot of roar on recent preadjudication). IO told me my 'NC is pending'. I told her that around this time, last year, I was repeated told on infopass and on phone that my NC/BC etc is cleared and case waiting for Visa#. She that that is true but 2ND FP TRIGGERs NC and unless they get clearance they have to wait for 180 days before my case is ready for adjudication.

    Is that how it works? I was under the impression if the name check is cleared once (or rotten after 6 months) we are good. Hoping that IO gave you a wrong information.

    Anybody know more about this. :confused:





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  • tikka
    07-13 09:37 PM
    thanks......at least one person showed up


    15...:D





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  • tooclose
    08-11 10:53 AM
    If you are in March first week PD, you will be current from September 1st 2010.

    I would do the following.

    I will open a SR on the first working day of the September (As you have already done this and can not do one more SR in the next 45 days)
    Will taken an infopass around 10th of September (Just waiting to see whether the date retrogress or not. If the date stays as it is for October 2010 i don't go to infopass otherwise i will go to infopass around mid of September to find out more details)

    Thanks nrk for your thoughts and advice. Good luck !!!





    pappu
    02-28 03:04 PM
    anyone else?





    StarSun
    05-11 09:10 AM
    Please continue to fill out the form for the advocacy days and make a difference by taking a positive step by meeting with the legislators.

    For members who can only provide support, please mention the kind of support you are willing to commit to on this thread too.