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  • gcnotfiledyet
    03-26 03:53 PM
    What does it tell you when you reach a situation where the laws and policies within individual US states start bearing resemblance to those used by medieval monarchies.

    It tells me to get the hell out of here and go back home. Pay Rs. 200 to that guy sitting outside dmv in India and get permit to drive. There is a limit to greed. If it becomes too inconvenient then I will be first one to leave this hellhole. I came here to live convenient life. If things here are inconvenient as compared to India then whats the point. You just get one life and you want to spend it struggling to get your right to drive? I sometimes don't understand myself for what am I doing here.





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  • vactorboy29
    02-12 10:28 AM
    I don�t think he will have any standing against you in court of law. If you have ur documentation strong then nothing to worry. He is just trying to give you hard time. Even if he does so take him to all levels, I am sure at the end of day you will not loose anything but he may get burned by this. File all claims like harrasment; Unethical practices to run business and more if attorney suggested doing so.Just be strong and cool ......





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  • aroranuj
    04-21 02:29 PM
    HI

    The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.

    I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.

    Sheila,

    2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.


    Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case





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  • logiclife
    03-23 03:59 PM
    I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

    Anybody interested in joining please PM me.

    I am sure you will find someone from Tampa, but please feel free to go alone if there is no one in your district.

    Thank you for doing this.



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  • AgentM
    08-27 09:35 PM
    Do we have to attach photographs when we e-file for AP ?





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  • sats123
    06-19 10:26 PM
    Chandu might be right.

    Carlau, I looked into the database. Thats a very good info. I found the record and also title. Thanks for your help.

    I will be getting my doctor's report shortly.

    I did contact another law firm, they want a letter from employer.

    Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;

    Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.



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  • bfadlia
    04-14 03:45 PM
    I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
    I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster





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  • Slave_2k
    11-30 11:33 PM
    Hi Pappu!

    First of all... a big thank you for all the time you have spent to come up with such an excellent analysis of the data available in the public domain. Your effort and the effort of the senior members is like leading a freedom struggle. If you guys were born in India before 1947, I am sure you would have been one of the well known freedom fighters.

    Anyway.... I have a small clarification. It'll be great if you could take that issue up with the USCIS contacts you guys have.

    If you see from that inventory document, there are entries in the year 2008 and 2009 for I-485 backlog. The Visa Bullettin fiasco happend in July 2007. After that for EB-3 India the date was never current. It has retrogressed consistently since then. How was it possible even for one EB-3 India application to be filed in the years 2008 and 2009? or for that matter anytime after Aug-2007?

    Can you please try to get the answer for that?

    GO IV!!

    - Modern SLAVE



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  • marlon2006
    09-15 09:12 AM
    I think it is nice that you are trying to see the thing from a positive side, but the reality is that for most of professionals lack of GC does make a big difference. As far as I people who wanted GC and once get it remain with same employer, I think that is a matter of personal preference. I can tell you that once I got the EAD - not even the greencard - that made an important difference in my life. Immediately I applied and got a temp/part-time opportunity, which provided me with additional source of income and job satisfication. My wife started working. I became eligible for Federal Financial Aid to sponsor my masters program. You can see how living in a limbo sucks.

    Moreover, even if it turns out one chooses to stick with same employer after getting the GC, at minimum one can be eligible for unemployment insurance, get any job, etc.






    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.





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  • Better_Days
    04-29 01:27 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".

    It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.

    If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.

    @kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)

    The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.

    Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.



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  • logiclife
    01-09 12:00 PM
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.

    Firstly, COBRA has pretty much nothing to do with AC21.

    COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).

    I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.

    Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.

    Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.

    You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.


    Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.

    Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.

    So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.

    But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.

    On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.

    This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?

    Links on COBRA :

    DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm





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  • labor2003
    04-01 06:34 PM
    Just sent fax # 10 and 11.



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  • gc28262
    01-26 06:32 PM
    Maybe it has no legal validity. But still why to accept it. If they ask you to pay the fine/penalty, you will have to fight it before winning.

    You can do one of these.

    1. Ask them to remove the clause from the letter
    2. Strike out the portion that mentions these and then sign it. Keep a copy of the signed document for yourself for future needs.

    If this is just a "standard", they should not object to one of these. By the way such open ended terms are not common in offer letters. It definitely sounds fishy.





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  • shana04
    02-12 03:38 PM
    Shana,
    Nice to know that you started the process. Did you send the job transfer letter to USCIS along with H1B transfer or you just did H1b transfer (with plan to send the letter later).

    In a way it�s nice that USCIS is tracking all applications together (H1B transfer, I140, I485 for a candidate). It atleast gives the confidence that they are tracking all together and may not get any RFE�s to give them copy of I140 or such.

    Please share any updates.
    - kishdam

    H1B transfer was regular transfer but my new employer used the same job code as specified in labor.

    My attorney, then send the AC21 with new employer offer letter to uscis.

    hope this helps



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  • singhsa3
    01-03 09:42 PM
    I wish....;)
    Your friend == singhsa3 ??? - Just kidding





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  • aravindan_kv
    08-19 01:05 PM
    My case
    PD > DEC, 29, 2004
    I140 Approval: march 26, 2008,
    I485 Receive date : Aug 7 ,2007
    I485 Notice date : Sept 15 ,2007
    Status: Pending :
    Service Center: NSC

    Taken Infopass appointment August21 , Let see what updates i will be getting from them



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  • kaisersose
    06-05 01:32 PM
    I am curious to know the Answer

    Since the H-1 will be cancelled by the previous employer, the answer is No.





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  • tikka
    03-23 02:31 PM
    NYC members - please respond to me. Lets coordinate on this.
    I am from NYC.
    Also, I did update my contact info on the yahoo group you setup.





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  • venky08
    11-19 09:56 AM
    i second this.

    this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
    all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...

    I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.

    My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.





    techysingh
    02-02 05:11 PM
    nozerd,
    Have you heard anything on your letter to senator yet?





    India_USA
    11-03 08:27 AM
    If Republicans control the House, they will be too bitter because they can't repeal the Health Care Reform, and will not let CIR pass in 2011. Best hope is 2012 now. Obama could have easily passed CIR in past 2 years, instead he focused all his efforts on health care..

    As was said somewhere else on this forum, "lets take care of the foreigners first and then take care of the dying!" Sounds - what's the word - logical!



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