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  • coopheal
    10-07 12:21 AM
    I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!

    What should be our next steps? How do we go to public media with big bang?





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  • sk2006
    03-16 06:22 PM
    Gurus,
    Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the “Court Disposition Document” which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
    1. Is it safe to travel to India and come back on AP?
    2. What are the possible chances that visa officer may not let me into the USA?
    3. Do I need to carry any letters from my criminal attorney explaining the situation?
    4. Any one in similar situation, please update me on this?
    5. Please list of documents I need to carry during my travel

    Please reply and post your valuable opinions/suggestions/advices.

    Appreciate all your inputs.

    Have a nice day!!!

    Thank you,
    Sahaayam.


    I have an answer to your question.
    But first UPDATE YOUR PROFILE with valid information.





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  • ak_2006
    04-22 05:25 PM
    I donated $50 and became a donar. Will do more in coming months.





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  • maverick6993
    03-27 12:01 PM
    I dont know but i am sure talking to him wont harm. Also i had read about a guy who started a company and was stuck in India because of H1 stamping delays. I am searching for the article.



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  • cjagtap
    07-20 04:12 PM
    my application reached on 2 nd july at 10:23 am at TSC.no check cashed yet





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  • chanduv23
    10-02 02:42 PM
    ^^^^^^^^^^^^^



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  • saimrathi
    07-06 11:16 AM
    I wonder if that is possible.. How did your lawyer find out?

    My lawyer is saying that even if you want to file I-485 now, the USCIS has advised Fedex and UPS not to deliver any mail to that PO BOX. In that case I am not sure how one could become member of the class action law suit.





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  • gsc999
    08-01 12:25 PM
    People with grown up kids, I guess would prefer Canada over India. There are many problems starting with the education system, reservations etc. For kids who had been studying here from KG through grade 8-9 it's difficult to get dragged in the rat race in India, especially for normal kids who don't belong to any reservation category.

    I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
    -----
    I am not sure if you are aware of NAFTA, it was a trade aggrement that was suppose to be the equivalent of EU in terms of trade. It failed because low-cost manufacturing took flight from Mexico to China and similar scenario for software from US/Canada to India. This trend is not going to reverse in next few years. Exceptions will always be there.

    Service sector already accounts for 40 to 50% of Indian GDP and will keep growing. Based on these facts it is obvious that long term economic prospects are better in India/ China, since you are looking from your children's perspective.

    Also, you mention issues about Indian education system. I disagree. There are problems with American education system also. You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.

    One last thing about issues. It would be good to let your kids decide what skils they are interested in learning, most Indian parents live their own dreams through their kids. Just a suggestion :)



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  • coopheal
    10-02 07:46 AM
    Thanks for the info.

    I think so
    Link:
    http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb





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  • Goodintentions
    04-11 07:57 AM
    You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
    You may verify the same with lawyers and gurus.
    =================

    Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)

    AC21 and I-140 Revocation : INS Inconsistent on I-485s
    Posted Feb 07, 2003

    The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.

    For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.

    We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.

    The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

    If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.


    � The Law Office of Sheela Murthy, P.C.

    ==================

    Best wishes!!!



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  • Michael chertoff
    04-21 01:47 PM
    Hello,

    i am lawful permanent resident. I want to bring my parents here permanently. I got nobody in India to take care of my parents.

    When i was small, my parents took care of me. When i need them, they are their for me.

    Now my parents need me. But i am not their for them. I feel very guilty and sad. I want to bring my parents in US. So i can take care of them.

    How can i bring my parents permanently.
    I know, i can bring them after i get citizenship, that is too long wait.

    i just want to bring them now. So they can have good life with me. Anybody know, how can i bring them in US soon.

    i saw some petition signed by many Indians for this request. Can somebody please go forward with this.
    Current president will understand our request and help us. He is very nice and kind person. He loves family and his mother in law lives with his family. He knows values of grand parents.

    Indians live with family, that makes Indian family stronger and less divorce. And Indian kids are well taken care by grand parents. So they are well behaved and best kids.

    We need this permission. Please work together and get this permission.

    I read this in a website. Is this possible? I want to explore all possible steps.

    Please help.
    God bless you.


    Green Card for Parents - Sponsoring Parents for Green Card

    Green Card Process for My Parents (Mother, Father)
    An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents (mother, father) must go through a multi-step process to obtain a Green Card and become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa (Green Card).

    you really want to take care of your parents or you are just looking for baby sitters.

    MC





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  • singhsa3
    12-12 10:22 AM
    I support this idea most.
    I agreee with the spirit of things - that multiple ways of expressing anguish, disgust, frustration is required.

    While we have to keep generating funds and doing the lobbying, the frustration of the members must be "used".

    Here is my suggestion (and this was mentioned by someone earlier also) - let's send the criss-crossed and blackened photocopies of our degrees, patents, publications etc. to the congress and other authorities as a symbol of how useless these are becoming as we wait for GCs. We can coordinate the event such that everyone's reaches at around the same time.

    Again, all I am saying is that we can do multiple things to gain attention and make our point, and these can happen simultaneously with the other activities ongoing at the State chapter level.



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  • smsthss
    12-07 10:43 AM
    what is the typical processing time stated by USCIS on its website for issuing EAD card. Where in USCIS website is it mentioned?





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  • amitjoey
    06-30 01:13 PM
    I am not sure about this but one thng can certainly happen with Admin Fix.
    Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
    Or
    AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
    USCIs can make these fixes but they dont want to do it. Its simple

    I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.

    I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.



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  • paskal
    04-09 05:33 PM
    i'll break my word for one last piece of advice for my sensistive friend:

    "The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve."

    no lawmaker is bothering to read this silly thread. Please stop dreaming. if you want to influence, go meet them! that remain's iv's official word on the matter too...see the meet the lawmaker campaign. and if you already have...you have my respect, you are too good in that case to waste your time complaining about this stuff.





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  • caydee
    05-28 04:57 PM
    Good points, only thing to add is not all innovations can be brought to notice to relate to a single employee ...most of the times we as employees are part of systemic effort that is innovating. It would be wrong to say that H1-bs are not contributing towards innovation ........

    Good point. Very rarely can an invention be attributed to a single person. These days it is invariably a group effort.

    By the way, why are we deviating?



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  • rajsenthil
    10-02 10:58 AM
    I heard that the rules were different before but as of this year, at least one of the parent of Indian origin need to be an US citizen to apply for OCI. Otherwise, the only option is PIO card.





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  • gsc999
    05-29 02:25 PM
    Nola,

    Thanks for clarifying. IV appreciates support from LGBT community. You have done amazing amount of work for IV in the recent past. Some of the Bay area folks still remember your leadership at 5K run at San Francisco Golden Gate. You created a decent amount of buzz by bringing along your friends all the way to California.

    IV members: Having said that, I would just like to remind some IV members to be mindful of the fact that we enjoy support from diverse groups of people and it makes sense to extend reciprocal courtesy when responding to some of the posts here e.g. the UAFA bill etc.

    Cheers!

    g


    Weldonsprings, you might be mistaken about the UAFA bill which is up for a vote on June 3, 2009. The intent of the UAFA is to allow US Citizens and permanent residents to sponsor their foreign-born partners for permanent residency by means of demonstrating a "permanent partnership". Let me re-emphasize, this bill is geared primarily for the LGBT Community of which I am a proud member, so if you are supporting this bill, my thanks to you.




    [QUOTE=WeldonSprings;343823]That is correct! The bills in the house and senate coming up for discussion does not mention visa re-capture. However, Please look at the titles-don't they sound the same. The contents are different. The content of S.424 is to give permanent residents the same STATUS as US citizens so that they can sponsor their wives, parents, brothers, sisters and doggies...So an amendment is necessary. That's why I have written in the original post-





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  • elaiyam
    05-25 01:59 PM
    Just I have created a google online campaign. (I am planning to run it for the next 5 days as my contribution)

    EB Based Greencard Seekers
    Advocacy Days in D.C. on June 7th &
    8th. Just show up and support.

    ImmigrationVoice.org - Home (http://www.immigrationvoice.org)

    (linked to http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html)


    I need more crative title / text. Please reply here or PM me with your ideas.





    hmehta
    10-16 06:25 PM
    Probably your lawyer is correct that you cannot take advantage of family leave (maternity act) with less number of employees in the company than required for that.

    From what I understand about H1-B, you CAN take leave without pay - no problem with that...as long as you are on your company payroll i.e. your employement is not terminated.

    Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
    From what I know I can only have the 6 weeks of short term disability.
    The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
    I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
    Your answer would be appreciated.

    Thanks





    shukkoor007
    10-12 07:06 AM
    I am new in this forum. I never saw like this forum before. First-up all I want to congrats all members in this forum, who providing positive and very fast responds.