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Sunday, June 26, 2011

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  • indyanguy
    10-02 08:25 PM
    i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

    I want to become a believer in your 3.a. statement... please let me know what you think.

    If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

    In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

    Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

    PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.





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  • scorpion00
    04-21 12:01 AM
    I donated $25 on Friday. How do I become a donor? I sent email to info@immigrationvoice.org but no response yet





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  • wikipedia_fan
    07-04 11:38 AM
    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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  • GCNirvana007
    08-24 04:05 PM
    yes, our lawyer send a letter.

    You have been current so many times - did you ever take an infopass, talk to congressman, ombudsman, senator, calling USCIS etc. Did you do any of those?. Whats your I-485 receipt date?



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  • ksrk
    08-26 08:37 PM
    I guess the polling on PD basis is futile it will give people false hope....

    Only folks with ND prior to current processing times can expect to have a chance at appoval...I see many people over here beyond the processing date window and are still hoping to get approved....

    Let's see if this theory is right or not come september.....if only my lawyer had mentioned that ND over rides PD I'd have forced him to file on July 2nd and not wait till July end....

    My bad....

    SoP

    Hey SoP,
    Your point of ND vs. RD (vs. PD even) is certainly valid, esp. given the randomness of dates that the USCIS follows. However, three things to keep in mind are -
    1. Last Aug and Sept ('08), neither ND nor RD theories worked, if you believed all the dates entered under .com. Approvals were quite random - some cases with ND beyond published dates were approved, which led us to believe they were processing in order of RD, but no FIFO was followed based on RD.
    2. The dates published recently (09/15/2007 at NSC and 08/30/2007 at TSC) are as of June 30, 2009. It has been nearly two months since and an update is possible. Also, by admission of the USCIS, these dates are not exact, only estimates of what cases are being worked on.
    3. Finally, these dates do not serve as guidance for IO to approve cases; they serve as an indication to us applicants as to which cases have been processed thus far. And they help determine if we can file an SR.





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  • diptam
    05-31 11:11 AM
    Guys -
    Dont lose "Hope". Its the most audacious word. I left the country in May 2009 with frustration , anger and the fact that whenever I was finding a contract in that tough times peoples were even NOT interviewing me the moment they heard that I'm a "H". They dont want to hear if I have EAD or my GC is going on - PERIOD. The vendors and contacts who loved me ( because they ripped high billing from me in 2000-2009) even started ignoring me.

    I felt harassed that i'm fighting on a "non-level" playing field. Eventually I got something at CA (I live at MA) for 55/hour and on the other hand I got a top notch salary offer from a US born Hardware company's Offshore office at Bangalore, India. They SHIPPED all jobs from US to India. I took that offer because I have my Old parents there at India and missed their company for 9+ yrs ( apart from regular vacations).

    However I could not adjust with several things there and ran back here after 10 months and found a truly EB2 job and ported my EB3 Mar 2005 Priority Date to EB2 in less than 1 year - I'm CURRENT ( YAAAYY !!) and Waiting for GC to come any day....

    By the way - I'm not M.S from US or any kind of masters degree holder from anywhere. I have a strong B.E degree from one of the Top 10 engineering colleges of India (not I.I.T though) and 11+ yrs US experience and 12+ yrs total IT experience in my kitty.

    Nothing is impossible - Wish Best of Luck to all EB3 India guys , you have the ability to turn the game , just play it truthfully and play it smart.

    Let me know if anyone needs any help - Email me or PM me.

    Regards,
    Diptam

    EB3 is not working, because we have no hope, not because we all went back or have ported.



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  • Keeme
    06-03 10:55 AM
    Shirley Tan
    Pacifica, CA

    Gordon Stewart
    London, England

    Julian Bond
    Chairman
    National Board of Directors
    National Association for the Advancement of Colored People
    Washington, DC

    Christopher Nugent
    Co-Chair
    Committee on the Rights of Immigrants
    Section of Individual Rights and Responsibilities
    American Bar Association
    Washington, DC

    Roy Beck
    President
    NumbersUSA Education & Research Foundation
    Arlington, VA

    Jessica M. Vaughan
    Director, Policy Studies
    Center for Immigration Studies
    Franklin, MA

    HR 1024 is not for us.





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  • mallu
    09-06 10:04 PM
    That IO must be a knucklehead who just hates "Specific type of people" or someone who does know the f** he is doing. I have entered using AP at Boston. San fran, Seattle and never had problems. Only once they asked me for EAD/a valid H1 petition and that was just a question.

    Amen. There might be some Anti-immigrant nut cases among them.



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  • senthil
    04-03 04:13 PM
    folks. lets keep ourselves focused and acheive what we all want. i cant find the right work to congragulate / appreciate the time and effort of core-team members and the sacrifices, coz without them we wont be where we are now.

    I dont know if they work on a job OR do IV stuff full time ...
    IV - core team. do you sleep :-)

    my2c. cheers. sen.





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  • iptel
    01-16 04:46 PM
    I contributed $150.00. Is there a way how far behind we are from $100K. Thanks folks I appreciate the initiative taken by the hi-tech legal immigration community.
    I was wondering if we can involve http://www.competeamerica.org they are also fighting for our cause.



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  • superdoc
    09-20 02:37 PM
    If LOA can stop the old employer from revoking I-140, I would say, go for it. But just make sure you don't land into any other trouble (like non-competent etc. just an example, may not be relevant in your case, but you get the idea...).
    Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.

    DISCLAIMER: I am not an Attorney and this is not a legal advice
    the new company has no clue about visa/h1/gc issues. they have never hired a "brown" guy and they do not even know that i am on ead..even if i told them they wouldn't know wht to make of it..so the only letters i can get will be generic letters stating my occupation and salary with a very brief description of duties. i know someone said loa is not a good idea but i think it just gives me a back up.

    thanks evryonr for responses..





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  • arsh007
    07-21 12:33 PM
    Why don't you start a similar forum for "going back to India" ? I hate to burst your "bubble of hope" but Canadian population and job market is limited and the opportunities for professionals like us are limited. Why not consider going back to India and taking up some of the lucrative opportunities in middle management in the IT industry.

    The Indian economy is booming and the salaries are excellent. You just need to make some adjustments with quality of life (pollution, traffic). Atleast its better than going to Canada, living in limbo while looking for suitable jobs for a long-time, sometimes even doing odd jobs just to make ends meet. I hate our Indian mentality that "every place in the world is better than our own country". Give me a break guys.

    My plan of action is very clear: Go back to India and live there happily. If there are other opportunities in US then come back.

    Cheers.



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  • aadimanav
    08-22 02:27 PM
    Yes I have receipt the Receipt. Reached the 485 on July 2, 07. Finger Printing notice already receipt.. due in first week Sep. You can check online status here:
    http://www.uscis.gov/portal/site/uscis

    What is ur priority date

    ....The online status says 485 received and pending." means?
    Did you apply 485 in August 07 and already your status is showing pending? Did you receive a receipt notice?

    Please enlighten ?





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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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  • belmontboy
    03-15 11:40 PM
    By the way is it you who gave red...:mad:

    No. I don't have any reason to give you red for this post.





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  • FinalGC
    02-28 04:03 PM
    This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....

    Dude, where's my green card?

    By Salil Pradhan

    While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.

    I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.

    People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.

    The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.

    More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.

    Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.

    Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
    If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.

    Pradhan is a member of Immigration Voice.



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  • Macaca
    04-15 08:47 AM
    1 para from Even in Wartime, Voters Think Locally (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/14/AR2007041401245.html) -- As Antiwar Groups Pressure GOP Lawmakers, Constituents Voice Other Concerns, By Jonathan Weisman, Washington Post Staff Writer, Sunday, April 15, 2007

    Tom Matzzie, the Washington director of the liberal activist group MoveOn.org (http://moveon.org/) Political Action, boasted that his antiwar coalition raised more than $5.6 million for a full-throttle campaign to crack GOP support for the war. The targets have been chosen: the 15 Republicans who voted for the nonbinding resolution against the troop buildup but against the war spending bill; 25 others -- the "party before country" caucus, as Matzzie called them -- who have spoken against the war but voted with the president; and the "squealers," Republicans who can expect tough races in 2008 regardless of the war.





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  • learning01
    01-24 07:10 AM
    Eom





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  • dilipb
    06-23 11:15 PM
    I alos filed EAD renewal and Receipt came very fast. within 7 days. However when I enter case# on USCIS website, It says Case not Found
    Do I need to worry about it ? Or Need to wait for couple of weeks?
    Please advice.
    Thanks

    I am sure u must be typing correct.But.
    On the uscis case staus site one has to type the receipt number which is either a SRC or LIN number. Make sure u dont type the hypens.
    If u are typing correctly then just wait for a few days. Dont worry.
    Last year we did see that there was a huge delay between actual check cashing, actual physical reciept in hand and the USCIS site was not updated at all. Happens a lot of times. Give yourself about 1-2 weeks and call USCIS.





    indianindian2006
    10-01 06:27 PM
    If both of you are Indian citizens then your only option is PIO as OCI needs atleast one parent to be a US citizen.





    Jaime
    09-22 03:25 AM
    sounds funny and will make news, but I am not sure it helps in our campaign to get the system fixed.

    It would get attention and help in educating (legal vs illegal) and would be done in conjunction with other things like:

    -sending more flowers
    -a huge rally in Silicon Valley
    -candlelight vigil at congress
    -mass letter mailings from all of us
    -human chains
    -hunger strike?
    -etc

    We have to attack simultaneusly (but SMARTLY) from all angles in order to be effective!