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  • ivjobs
    11-10 10:02 AM
    Couple of polls have been started in the entrepreneurship group. Please follow the below link to participate

    http://finance.groups.yahoo.com/group/ivstartup/polls




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  • pasupuleti
    02-14 12:33 PM
    That's great!!!

    Who were "we?"


    And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!

    Thanks.

    -L.

    Who were "we?"

    we are local representatives from immigration voice. We are doing meet the lawmakers drive in CA.

    Yes, we will send a email to Mike Honda's office to stress on transparency about the blacklogs process in their letter to DOL.




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  • Edison99
    01-27 02:29 PM
    Good job IV team and keep going...

    Press release. Jan 26, 2011
    ==================

    Immigration Voice: President's vision on immigration "in the right direction"

    Immigration Voice (ImmigrationVoice.org - Home (http://www.ImmigrationVoice.org)) applauds the President�s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President�s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that �makes no sense.� His vision and continued support on finding solutions to fix these problems is a step in the right direction.

    America�s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President�s vision of �let�s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.

    As the President noted, �No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.� Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, �By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.�

    Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.


    Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at ImmigrationVoice.org - Home (http://www.immigrationvoice.org)




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  • gceverywhere
    06-10 08:00 PM
    1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
    Seriously, what will it take for the rest of you to call?

    Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.



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  • abhijitp
    11-14 09:19 PM
    Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
    And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!




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  • kart2007
    10-20 10:10 PM
    I faxed expedite processing request on last Tuesday and sent email to Ombudsman.

    there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
    but any thing can happen till it comes to my hand


    Here is the fax number for NSC 4022196344


    I have infopass appointment on 24th. Should I go or cancel that appointment now ???

    Congrats man!! Can you please let me know what exactly you wrote to Ombudsman and what were the contents of your fax to the service center.



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  • GCNOMAD
    03-07 01:51 PM
    Hi,

    I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.

    When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.

    Some lessons learned from my above experiences and some points that might help you -
    1. The truth is, when your I-94 expires, you immediately loose your authority to work
    2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
    3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
    4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
    Take the above 4th point as its appropirate for you case.
    5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
    6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
    7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
    8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.

    After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.

    And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...

    I hope this helps and I wish you the best of luck to get it in the local CPB office itself.

    God Bless.




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  • pragir
    06-09 12:14 PM
    I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

    My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

    Any comments from the wise on this board?



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  • uma001
    09-08 03:22 PM
    points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Friends,
    Green card dream is over. Now it's the time to get back to India or other countries.




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  • milind70
    07-18 09:39 PM
    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !

    Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
    The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.



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  • LostInGCProcess
    11-10 05:05 PM
    Hi,

    Thanks for the reply and sorry for creating multiple threads.

    - First H1B Employer "A"
    -----------------------------
    Approved: Oct 2006
    Stamped: December 2006
    Visa stamp valid till : Oct' 2009
    H1B transferred to Employer "B" : June 2007
    Traveling to India: November ' 2008

    On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
    I have moved to Employer "B" by that time.

    The Status of I-797 for Employer "A" on USCIS website got changed
    to "Cable sent to American Consulate or port of entry notifying them of approval.".

    My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

    If yes, doesn't that means that I will NOT be able to use that H1B
    visa stamping and *new* I-797 from Employer "B" at port of entry?

    Thanks again..look forward to your response

    You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.




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  • snathan
    04-13 08:19 PM
    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks

    If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...



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  • ssa
    11-14 01:51 AM
    There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
    Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.




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  • james_bond_007
    05-01 07:25 PM
    Since the stamped visa is valid till Sep 2009, you can travel without stamping the new visa. BUT it is extremely important that you show the approved H1B notice (I-797) at the port of entry. This will make sure your I-94 will be valid till 2011. You will have issues with H1B stamping / renewal if the I-94 dates are incorrect. One of my friend went thru the same situation and he has to correct the I-94 dates by going to a local immigration office.



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  • indyanguy
    01-16 11:12 AM
    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)




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  • snathan
    05-12 07:05 PM
    My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

    Thanks

    Nope...you can not.



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  • gc_in_30_yrs
    10-15 02:46 PM
    No LUD Update for my case after FP. but, LUD does not matter. Read LogicLife's post, you will get peace of mind.

    :)




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  • rvr_jcop
    03-27 12:51 PM
    I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
    I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.

    But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.

    pal :)

    Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.

    In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.




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  • Maverick1
    08-13 11:17 AM
    OCI's can work without visa. ALL PIO's are eligible for OCI.

    Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.

    Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.




    tnite
    07-26 02:17 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks
    Funny that you're talking about moving and I thought about my life for a moment and here it is :

    I was supposed to move couple of months ago to Stamford, CT (ninety miles form where I live and work now) but decided to stay after the July bulletin became current.I informed the apt mgmt that I want to extend the lease .

    I didnt want to move after hearing horror stories from folks who did(Some of them did not get the FP notices, receipts and all that stuff).

    Then sent in all the papers on July 2nd. USCIS came out and said we are not going to accept. I waited for a week. Nothing was happening so decided to move by the end of August.Called in the Mgmt and informed that I will move out by the end of August.

    The came July 17th , when USCIS reversed their decision to accept. I called in the mgmt and told them some excuse and ask them to extend the lease by another month. Never ending uncertainity continues......

    This is my story folks.Some may want to know Why I want to move, My wife got her project in jersey city and we decided that living in Stamford,CT would be half way for each of us and that was the only way we could live together. 90 miles drive each way for me and 11/2 hr each way for her .
    End of the day, thats what matters.




    natrajs
    09-25 02:05 PM
    Wow, Very good one

    Thank Q



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