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  • perm2gc
    08-23 09:21 AM
    unless I am egregiously mistaken, I 140 is totally employers and not employee's. How can you invoke FOIA on that? I mean freedom of info doesnt mean a breach of privacy or disclose "compny/personal" documentation. Nixstor..i have only same view but i dont understand how USCIS is proceeding...As per gc_in_30_years it seems possible..but never trust Customer Support at USCIS..Many Dont know the rules..

    gc_in_30_years..let us know when you got the copy.





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  • sapota
    08-21 11:52 PM
    For EB3 India Apr 04 PD, 3 more years seems about right.





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  • pcs
    05-22 03:02 PM
    Guys....

    Contribute NOW

    if not ... When & Why ??????????????





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  • srinivas_o
    07-08 12:27 PM
    Hello Gurus,

    I too have changed employer (B) from july 1st and have not yet filed AC21.
    I have contacted attorney (who filed my GC and I-485) and he said he needs an authorization email from my old employer (A) to proceed further. I have asked my "A" for the authorization email and he is acting like he is not getting my emails. He is not answering my phone calls, even by mistake if he answers my call he is saying he will call me back, but never called me. i dont know whether he will revoke the I-140 which was approved in around April 2007.

    I don't know what exactly I need to do in this situation like to wait for old employers' call. He was very nice when I was his employee, but from the moment I left the company, he is a changed man.

    What are my best choices in this situation?

    BTW, I have paid all the legal expenses for H1s and GC processing.

    Looking forward to Guru's replies....



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  • DSLStart
    09-29 09:25 AM
    Wow, 2007 was interesting. It started in Oct 07 from Apr 04 and in 6 months went back to Jan 04 touching even 00 :eek: EB2 is deep s%^&. :mad:

    Do you see any possible forward movements in Nov 08 bulletin? EB2? EB3?
    Any educated guesses, rumours, inside news etc? Not that it will change anything but by now USCIS would have taken stock of the situation and possibly updated their demand projections

    Here is some historical data for EB2-I (not that it will exactly help..)


    oct 05 - nov 99
    nov 05 - nov 99
    dec 05 - july 00
    jan 06 - jan 01
    .....

    oct 06 - jun 02
    nov 06 - jan 03
    dec 06 - jan 03
    jan 07 - jan 03
    .....

    oct 07 - apr 04
    nov 07 - apr 04
    dec 07 - jan 02 :)
    jan 08 - jan 00
    Feb-Mar 08 - U
    Apr 08 - Dec 03
    May 08 - Jan 04





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  • nixstor
    09-15 03:16 PM
    Buddy Reddy,

    While I am happy for you and your success along with your spouse, I personally consider it as being at the right time in right places making decisions that were in your reach. I do agree that you did lot of planning. Most of the people here run on one income and spouses on H4/F1. So they dont have the edge you had/have. I might sound harsh in saying this but the matter of fact is that the 2 incomes lead to savings which lead to buying a home(s). 1 income, you wouldnt have done all these by yourself. I know several people with 2 incomes and most of them have done this :) Those who havent were the kind of folks who are happy having their 100K in bank rather raking up 200K in equity. I am sure there are a lot of things you can do with a US Citizenship.

    IMHO, you are succesful in your own way depending on the situation you were in and how conducive the circumstances were. I feel that this forum is totally going in a direction where people are seeking some sort of solace in discussing stuff that doesnt directly relate here. Now that all of us had discussed about what we can do with a GC can we streamline our effort to what we can do to get a GC.



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  • chandrajp
    06-18 03:44 PM
    AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
    It does not anywhere say that this timings are for renewal. I have my 3rd EAD now. Everytime, I got my EAD approved based on processing times given in the web site. I found one difference, when I filed my 1st and 2nd EADs at California, I got them in 1 month(but again based on processing times). Now the 3rd one, I got in 3 months(again based on processing times)





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  • superdoc
    09-22 10:00 PM
    I think your plan may work out just fine. I would make a couple of suggestions:

    1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.

    2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).

    3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.

    4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).

    5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
    --If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
    --If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".

    PM me if you have questions about what I said above, and I will be happy to talk to you.

    Good Luck.
    very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!

    gave u $$..thanx



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  • dionysus
    01-15 01:58 PM
    Good! one extra GC slot open. :cool:

    As you drown me in a flood of red, remember, dark humor is what keeps me going through this GC long march of death. :)





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  • Legal
    02-04 02:33 PM
    This is still not a big deal.

    Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?

    Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.

    So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.

    Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.

    If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.

    Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.


    Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.



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  • psaxena
    05-26 05:02 PM
    Now this seems to be a light at the end of the tunnel ( not of an incoming train. hope so)

    Lets support this bill, there is a website I am trying to remeber the address, I heard while driving on kfyi radio station, where all the bills are listed and people can poll on bills and this will help the lawmakers to find what bill is popular and which one is not.

    I'll try to find and post it on the forum, we can poll and support this bill.





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  • permfiling
    01-15 03:59 PM
    I went through the Federal Firearm Law and here is what I found:

    (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�

    (5) who, being an alien�
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));

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

    (y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
    (1) Definitions.� In this subsection�
    (A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
    (B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).

    (2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
    (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
    (B) an official representative of a foreign government who is:
    (i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
    (ii) en route to or from another country to which that alien is accredited;

    101(a)(3) The term "alien" means any person not a citizen or national of the United States.
    -----------------------------------------------------------------------------------------------
    101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.


    As per my understanding, if you are legally in the US, you can own a small firearm...walk into a store and tell them u need a gun and they will tell u what paper work you need or go to your local police station and ask the requirements. You can find out more details on NRA [national rifle association] website



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  • sanjay
    08-05 09:58 AM
    what a timeless masterpiece!!!
    gives me goosebumps everytime i listen to this!!!

    Couldnt agree with you more - absolute magic from ghalib

    Lot many people had sung Ghalib before but nothing can be matched with voice of Jagjit Singh from TV serial Mirza Ghalib. The ghazals CD from that serial is my most adored collection, and I hope you are all referring to those Ghazals.

    As Ashok said - Timeless Masterpiece.





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  • GotGC??
    06-28 04:50 PM
    my labor has to be pending 365 days or have an 140 approved to extend. so if pp goes away for 140 then my only option to stay in status is EAD. Also I am not in IT so patni,tcs etc...is out of question.

    If you had a approved 140, you'd get 3-year extensions. If it is pending, you could still get 1 year extension.

    While I'm sure about this rule, you should check with the attorney.



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  • dpp
    11-04 03:14 PM
    There is nothing to discuss on this. Just take the cash to any national bank SBI or ICICI or UTI and ask them i want to wire trasfer to US bank account. They ask you to fill up wire trasnfer form by giving US bank accout and routing numbers. They just do it by taking some fee for wire transfer. Thats it. You will get into your US bank account in a day. Thats for sure. I did this number of times. I don't know, you guys make it complex everything, by saying NRE/NRO/RBI etc. It just damn simple, do wire transfer.

    I know this is possible although I did not try this. I think you need to get a certified letter from CA. But can you give the money from your account and again have them gift you ? I mean wouldn't the bank check this is the same money that you gave to your parents previously.
    Btw, you can get upto $100K from your NRE account without RBI's permission. Also you deposit your Rent, interest etc that you get in India, into the Repatriatable NRO account and repatriate here in USA.





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  • gsc999
    09-22 01:01 PM
    I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
    --
    Franklin got her gc. She is still such a motivated member. IV is fortunate to have her. I didn't intend to defend her, she is more than capable to do that on her own. Just wanted to add this information because that makes a sea change in raising the level of conversation on this thread.

    The contrast is amazing, people who are stuck in the system are not as involved, while members like Franklin and Aman, who have came out of the "limbo" still want to help others.



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  • walking_dude
    10-05 11:31 AM
    We gave flowers. Now lets give 'em some brickbats -

    1) feedback@wsj.com
    2) newseditors@wsj.com

    Let the E-mailathon begin


    Look at this part of Wall Street Journal :

    Look at this. Even when the conversation if totally on "high-killed workers", there is always and has to be always, a line or a sentence about illegal immigrants.

    ....
    Hey WSJ...listen up !!! Are you being facetious, or are you really not as competant as people think you are ?





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  • Humhongekamyab
    01-15 02:40 PM
    I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

    I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.





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  • hunkuncontrolled
    04-02 01:32 PM
    Best answer I have seen in a long time.:D

    Probably you were busy with your GC and someone else was doing what your balls should do..





    shivarajan
    02-23 03:04 AM
    Albeit silly.... I was thinking, Ok... at least now folks here will realize that not in IT but Indians are talented/can shine is many fields and that's the way it is. The reality being there are more talented people in that country who never got chance global recognition (until the ice was broken by the IT industry)... More talented people --> Hence more immigrant (not a rocket science).

    "So why the disparity where for some folks wait for a decade to get the GC and other not, and the it's just b'cos they are nationals from a country from which more people immigrate to explore global arenas! (not a inherent fault of their own):D"





    funny
    09-26 04:31 PM
    all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude

    Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
    is it not ok to start a company on EAD?
    is it not ok to start a company on your spouse name and work throug it?

    Your explanations will be greatly appreciated.



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