Monday, July 18, 2011

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  • santb1975
    01-12 12:48 AM
    ^^^





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  • hsingh82
    06-17 04:54 PM
    Bump!





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  • bajrangbali
    05-18 09:26 PM
    For a moment, leave the IIT/merit/experience arguments aside...fact is US graduate schools get taxpayer funds...and one way or other students graduating in US get benefit from those taxes. Senators do not want their tax $$ investments to leave the country...that only is the reason they did something for US graduates in H1...this separate quota may or may not fly...as there is no direct benefit for US...stay on H1B and pay taxes good for usa :cool:





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  • LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

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

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..



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  • BharatPremi
    03-25 08:59 AM
    I would highly appreciate the responses from the guys who have done this.
    Thanks.





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  • senthil1
    06-19 04:33 PM
    Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal

    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.



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  • krishnam70
    07-08 01:12 PM
    ANALYSE YOUR ANSWER YOU MAKE MY POINTS VERY VALID

    NO SELF RESPECT
    WHITE KISS ARCE ...
    SUBMISSIVE U NEED A WHITE MASTER ...

    AND TO ACHIEVE YOUR GOALS YOU RESOLRT TO THE MAN WITH THE DHOTI ...GANDHIGIRI...

    GRAVITATION DID ANYONE EVER TELL YOU THAT YOU ARE AN IDIOT

    Thats one hell of an accusation 'hopeful'.

    If you believe in what you said then you would not be in this forum. Why are you in this country?

    1. If you said you came here for your Master's and then found and job and applied for GC and been stuck there and now realized that this process stinks and decided to go back its fine by me, then you have no place here.

    2. If you said you came here after your education on work visa and then applied for GC and stuck here and now realized that this process stinks and decided to go back its fine by me, then you have no place here

    3. If you feel superior to all the folks who are in this forum then you have no place here.

    4. If you think working for some company as a FT employee makes you qualified,oh btw i dont care if its a Fortune 10 company, been there done that, then you have no reason to be here. After all you think you are priveleged and superior to other folks in here.

    5. Whats this superiority of being a FT employee over Contractor? I have been in this country now for over 10 yrs and worked as FT employee and Contractor. I dont see anything special in being a FT employee over a contractor. Just because you became a FT employee does not mean the company thinks you are the most perfect person to be their employee, it means you fit in their budget and they want to milk you services, so you become a 'one client wonder'. Contractor on the other hand gets paid more, gets to work on different projects . There is some uncertaininty due to job changes etc but if we are tracking it right its works well, in my last 4 yrs of contracting never been out of job.

    6. What I have seen by the way you bash others in this thread shows that you somehow think you are superior to others(which is okay if you keep it to yourself). Pardon me for saying this, you are stepping over the line. Few days ago there was a thread where one guy got banned due to some stupid comments like you about fake degrees, fake resumes and that he was somehow more deserving of the GC than the others.

    when you are in a public forum conduct yourself with dignity and try to help others and get help and not try to push your convoluted ideas and come across as a jerk. Staying in this country means many things to different people and does not constitute to not loving our home countries in anyway

    I am sorry I must say its you who has to think before you open your trap dude..





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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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  • PMisYMMV
    02-20 03:29 PM
    I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.





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  • kumar1
    08-19 09:02 PM
    I can give you my example. 10 years in the US and got greened yesterday. Background -

    B. Tech. from IIT - 1999. Always believed in hard work and dedication.
    2000/2001 - Came to the US
    2003 - Filed labor - RIR - EB3
    2004 - job loss
    2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
    2005 - Filed Canada PR.
    2005 - Quit and joined Desi company. Started GC process on day-1.
    2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
    2006 - Filed I-140 got approved in 3 weeks.
    2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
    2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
    2009 - Filed labor, got approved in 6 months.
    2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
    2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
    2009 - Bought a home.
    2010 - July, dates became current.
    Opened SR, got a response that my case is still in EB3. NSC sucks.
    Asked lawyer to send letter to USCIS. He did, nothing happened.
    Contacted senator and they opened up a congressional request with USCIS.
    Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
    Contacted doctor and got chest X-Ray and replied RFE.
    Took several Inforpass appointments.
    EAD expired, did everything but could not get renewed on time.
    Did not tell anything to HR about expired EAD, both kept mum and kept working.
    Had fights at DMV to get DL extended.
    Aug-17th, GC got approved.

    Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.

    Overall - I am a happy person. Would continue with Desi employer for some more time.

    Now that we have GC, I would like to -
    1. Spend more time with family and not worry about LIN-XXXX numbers.
    2. Think about doing MBA.
    3. Move to a warmer place like CA.

    Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.



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  • sunny1000
    12-22 03:32 PM
    Sorry partner, I was just sharing info.
    Did not mean to imply you were wrong in any way. :-)

    got it, no worries.





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  • sumanitha
    01-12 02:59 PM
    In Dallas (Las Collinas), if you dont have medical insurance, you can have an arrangement with the Doctor and Hospital.

    Like one of my friend paid 3K for everything for Delivery + 5K I think for the hospitals. Ofcourse this is based on the delivery is not complicated / C-section couple of years ago.

    Hope this helps.

    IV friends,

    Sub: Immigrant requiring info on Maternity insurance.

    I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.

    What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org

    Also please provide me info, if any, on hospitals which provides maternity insurance.

    Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.

    Thanks in advance.

    Thanks,
    Shamu


    ** for pregnant with individual health insurance which does not cover maternity.



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  • vikki76
    06-23 02:02 PM
    Why can't garbage be thrown in Walmart shopping plastic bags?
    It doesn't make sense to harm environment even more by buying new things.In fact, there are new trash cans available whose upper mouth is designed to fit in shopping bags itself.
    Regards photos-Let's say you save $20 by saving on photo. You can put this extra $20 in bank @rate of 5%. or you can spend it on extra dinner/movie.
    Both options will still rejuvenate economy.
    If you send saved $20 to India-Indian govt will be happy to reduce its oil import bill by $20, your family will use this $20 to buy a new Motorola cell phone/Nike shoes or eat dinner at MacDonalds.
    Circle of Money never stops.





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  • red200
    10-26 11:01 PM
    there should not be a issue



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  • jsb
    01-05 03:00 PM
    So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?

    I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.





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  • Jaime
    05-26 09:36 AM
    Mihird:

    Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.

    Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)

    Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!



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  • lazycis
    01-26 04:43 PM
    It is fishy, but nothing to worry about. It's illegal for an employer to impose early termination fee in any form so even if you sign it, this clause has no power.





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  • rockstart
    02-23 03:10 PM
    you can also show joint tax filed as additional proof. Her H4 stamping etc can be a proof too





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  • hydboy77
    11-02 02:28 PM
    I dont think DOS will do any spillover, if by a miracle they do a quarterly spillover it can happen only in december, The whole idea of spillover is if there are any leftover visas they have to use it by the end of the year (i.e spetember 30) or if they do quarterly spillover as the law says then they have to do it by the end of the quarter i.e Dec 31, march 31, June 30.

    If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.

    I don't have any high hope. I am guessing that Mr Oppenheim will do quarterly spill over of first quarter into first month of second quarter. So Lets wait for Jan bulletin..

    I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.





    anandrajesh
    12-05 12:46 PM
    I have been US loong enough, to count on False promises. All these indian newspapers dont know what they are publishing, particularly abt things happening in US. Till i see an official announcement from any of the US Government Website i am not counting on this.

    Anyways, if they can pay me back my Social Security money it would be simply great.





    nag2007
    10-15 10:35 AM
    Nag, u r in a bad situation no doubt. But u had every chance to apply for labor via PERM as well (many of my friends did that) just to be on a safer side. So u r partially to be blamed for ur sorry state.

    MY Company never wanted to allow another application through PERM.



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