Tuesday, July 19, 2011

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  • rsayed
    08-24 03:56 PM
    Hi
    I am applying for AP (new). Are they issued with 1 year validity or 2 years ( now that EAD is being given for 2 years)?

    I recently applied for my renewal (AP & EAD) - got my AP approved in less than 3 weeks (which is good processing time).

    Validity was for one year, only and from the date the previous AP expired.

    EAD - Still waiting - it's 47th day, today and counting. Hopefully before I hit the 60 day mark...that seems to be the processing time, these days.





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  • yebo123
    05-11 11:07 AM
    What are the odds that this deal will carry more weight than the one announced with great fanfare just over a month ago when CIR was on the senate floor? :(

    Nah, of course they would never pull a stunt like that again. I am sure W told them he was rather disappointed. So everythings gonna be OK. Lets go party. Just leave money for the plane tickets. :rolleyes: :D :eek:





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  • chaukas
    08-23 02:13 PM
    April 2004





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  • punjabi77
    07-17 04:47 PM
    Emailed and Faxed the letter to Saxby Chambliss, US senator of Georgia



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  • chi_shark
    09-26 12:07 PM
    hi,

    i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...

    as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...

    all the best, let me know if i can help.. i would enjoy it...

    Folks,

    Back in those exciting/nail biting days of July 2007 ( I think all, who filed their 485, would remember that month throughout life) . There were couple of thread that got started to collect information on how to be our own BOSS and STOP being a slave of your Employer.

    I think it would be a good idea to start a thread (pls forgive me if you think its not such a good idea after all to stat a new thred) and collect some fresh/new/interesting information from people who did try to live thier dream of be their own BOSS. I think it will help other people as well to start thinking about the important steps in the life given the fact the GC is still little too far.

    Please post any information that is relevent to the topic of starting your own company while the 485 is still pending.

    Start the company on Primary's Name?
    Start the company on Spouse name?
    W-2 with the Vendor?
    Independent Consulting?





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  • sk2006
    08-07 01:49 AM
    Couldnt agree with you more - absolute magic from ghalib

    This Ghazal is NOT by ghalib.
    Poet is Shaharyar who wrote this for movie Umrao Jaan.



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  • GoneSouth
    08-16 01:25 PM
    I personally think that 6 month rule-of-thumb is nonsense.

    AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?

    I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.





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  • maximus777
    07-02 12:09 AM
    These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

    Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.

    Very well put - could not agree with you more.



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  • InTheMoment
    07-11 11:16 AM
    Guys the news is from Yahoo India website. The reporter is for sure homebred for the Indian Express newspaper and you also have to note Immigration is spelt as Emigration there. The reporter must have been an amateur who must have takes notes while on phone without bothering to verify the spelling!

    Also note the spelling of Program is spelt as Programme in the article, which shows the roots of this article. Maybe we are blowing things out of proportion.

    Just relax, drop it an move on !





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  • acecupid
    05-28 01:17 PM
    http://www.americanprogress.org/issues/2009/05/opinion_0525.html



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  • pappu
    01-13 03:19 PM
    Hey Pappu,

    What happened to your cool Avatar?

    Isn't the new one cool enough. :D





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  • reddog
    02-23 12:23 AM
    “All my life, I had the option to choose between hate and love. I chose love. And that is why I am here today.”
    AR Rahman after winning his 2nd Oscar on Feb 22, 2009.

    That truly is the thought of an average indian, outside India.



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  • gc_in_30_yrs
    10-30 07:48 PM
    [QUOTE=gc_in_30_yrs]Can we get the copy of I-140 Approval Notice under the Freedom Of Information Act (FOIA)? If so, please advise the way to do it.
    QUOTE]

    Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
    It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).

    i will post more information once it is available.





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  • ardnahc
    08-26 03:09 AM
    Just voted. Nov 2006. Good luck to all of us :-)



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  • rajeshraipv
    05-28 02:18 PM
    does anyone know if we have a legal recourse for this? seems like a proper scam perpetrated by bureaucrats too lazy to do their job...





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  • thomachan72
    05-29 07:20 AM
    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
    Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)



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  • mariner5555
    05-13 02:56 PM
    Based on what?

    EB1 is more qualified than other categories and is seen as someone who is in a better position to contribute to the national welfare of the country. EB3 is the least qualified of the three and is also the most likely candidate to displace an American.

    And you think America should throttle the flow on qualified EB1 and be more generous with EB3?

    EB2 is different however. Most EB2 are people who were EB3 earlier (like myself). For such people, there is a provision to upgrade to EB2 through interfiling - as option that is being heavily used even as we speak. So where is the problem? I am talking about a person (like 485mbe - the one who has posted next to yr post) who has a PD of 2001 ..I am not saying that they should give Eb2's quota to EB3 ..but they should try to pull the category that is worst affected..or atleast give EB3 something ..
    my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
    can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
    actually Eb3 - I should try and see something positive from this (I know it is difficult) ..maybe this long queue may motivate them to work harder or to get additional certifications (as I do ..) ...also, in my case, this delay in GC ..prevented me from buying a house when the prices were at peak ..(there is no doubt ..that had I got GC in 2006 ,..then I would have rushed to buy a house at inflated prices --far away from the city)





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  • srt57
    02-08 08:07 PM
    So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:

    - MS+0 / No BS requirement
    - MS+0 / BS+5

    And by better I mean less chance of an audit or proof of business necessity requirements.





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  • ags123
    04-07 08:01 PM
    Thanks just4gc for giving me the coveted vdlrao post. I must say the ages spent analysing Visa bulletins statistics and congressional testimonials of Charles Oppenhiem have finally borne fruit ;).

    I guess Illusions beat me to the prediction. I must confess I havent spent a lot of time looking at Eb3 ROW. But even then I was surprised when it stayed at May 05 for as long as it did. The Backlog Reduction Centre stuck labor, the horizontal spillover, the Eb2 India backlog are few factors for why I was surprised.

    I would say dont lose hope on Eb3 ROW, but until Eb2 India backlog stays it will be slow movement except as illusions pointed out in july 09. Last VB mentioned 60% of the demand recieved is before jan 2004. Thats pointing to the older BRC cases which are now seeing the end of the tunnel. fingers crossed.





    royus77
    10-14 03:07 PM
    I am exactly doing the same thing that anandrajesh mentioned above. I have my tickets booked for Nov 21st and its already more than 60 days for me. I have called them to expedite it. will be faxing the documents and letter to local congressman and uscis ombudsman today. I am not even sure why we pay so much of money to these people and do all this to just do their work. But what can we do, we are at their mercy.

    Me too !! My ticket were for Nov 3 and i am waiting for the last 54 days ..just requested USICS to expediate the AP based on financial loss ...





    daramesh
    01-06 12:38 PM
    I have a couple of questions, pl let know if you have valid info.


    Situation: Spouse came to US on H4 and then got converted to H1.Due to delay in pay and not a strong case, she is not willing to go for H1 visa stamping next time when she goes to India. She wasnts to go for H4 visa stamping instead.

    1. Is it better to convert to H4 here and then leave for India? We feel that if it would take time to convert to H4, then instead of waiting she can work till the last day here and then quit and leave(because she wants to leave ASAP). Also changing from H1 to H4 here means submitting paystubs and other documents and more scrutiny. I think in Chennai consulate there will be less questions if applying for H4. Any thoughts, pl help?

    2. If applying for H4 in Chennai, will they ask for paystubs from her previous H1 status? They shouldnt since she is applying for H4, but I still wanted to know. If they ask why do you want to change back to H4, what is the best answer?

    3. Travelling on an expired visa from East coast to Chennai. If there is no time to get transit visa to travel thru Europe, which is the shortest route/best airlines to get to Chennai quickest from say, Atlanta? Pl help

    This is urgent, PLEASE HELP



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