Wednesday, June 8, 2011

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  • pdakwala
    05-25 08:24 AM
    It is important that we make phone calls to our senators. Here is the list of senators with their phone numbers.




    Cheers





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  • chanduv23
    12-08 04:03 PM
    It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform


    Please contribute to the OMNIBUS lobbying efforts.





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  • Leo07
    10-05 03:57 PM
    This definitely improves the legitimacy of IV and should stop at least some naysayers.





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  • mhkumar
    07-22 10:03 AM
    If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
    The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
    In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

    Hope this helps.

    Thanks for your advice.
    Form g-639 has 3 request types
    1)Freedom of Information Act (FOIA)
    2)Privacy Act (PA)
    3)Amendment of Record (PA only)
    Which option I should choose (I guess (1) but want to confirm)?

    Also do I need to answer question 6 and send a copy of my identity along with g-639?



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  • paskal
    02-14 04:33 PM
    folks,

    please read this carefully if you are joining up:

    no members are permitted without the following info-
    name, phone number, location, general info (visa status, specialty etc)

    please do not ask to join without providing this info, i may not have the time to ask you again for it subsequently!

    we keep the info confidential. however we discuss sensitive issues in the group and lawmaker offices often do not want public disclosure. we have to be able to identify and trust our members. we also aim to know each other, often we can answer questions or provide suggestions.

    thanks for understanding!





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  • whitecollarslave
    02-13 01:27 PM
    http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg

    Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.

    This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.



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  • iwantmygcnow
    10-15 04:06 PM
    Thank you





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  • punjabi77
    10-08 12:13 AM
    Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
    I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
    Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
    Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
    But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
    Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.

    Someone please respond.



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  • surabhi
    07-15 12:52 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

    You will want to exercise your option only if the stock price on the date of sale > strike price (30$).

    Whenever you sell, any amount > 30$ is your money, else the options are under water and useless





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  • RamBharose
    03-13 01:42 PM
    Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.

    i did not get it, what it has to do with h1b process?



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  • funny
    09-16 04:54 PM
    Plase make those Calls...





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  • eb3retro
    04-13 04:09 PM
    Thanks a lot for the reply.
    I have talked with lawyer regarding this.
    She has the following to Say:

    a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
    b) CBP officers know about this and there is nothing to worry.
    c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
    d) she assures me that there is nothing to worry and I can go and come back hassle free.

    Do you people think all of these statements are correct?

    Thanks a lot.

    pls tell me how much different it is from what I have response for your original query..



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  • WaldenPond
    05-25 06:59 AM
    Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.

    Here is the link that provides information about the talking points and phone numbers of the key Senator offices:

    http://immigrationvoice.org/forum/showthread.php?t=942





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  • joydiptac
    04-14 02:58 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.

    I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
    There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
    �Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
    -Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
    But the Attorneys believe that this alone will not cause you to get in trouble.
    My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
    But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.



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  • sledge_hammer
    05-21 04:55 PM
    Thanks kalinga_sena, StuckInTheMuck, and nashim!





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  • NO_Free_Rider
    09-14 12:47 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.



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  • ag11
    09-04 04:08 PM
    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.

    Which service center was your friend from? California Service Center is said to be the most restrictive one and they have been giving out H1B only for the duration of contracts. This doesn't make any sense as who in this consulting world and in this economy can give a commitment for a full 3 years of H1B extension. Vermont is supposed to be more liberal as compared to California, but we can never tell.

    My company filed for a 7 yr extension of H1B and I received an RFE. RFE has become the norm for H1B for 90% of cases for all consulting companies. My lawyer was smart to predict in advance that I should expect an RFE.

    On POE, many of my friends have been harrassed recently. They have been racially profiled and questioned. Better to have all your documentation with you. You might want to condider visiting the immigration office to explain to them that the date on i94 seems to be a mistake as the visa is for 2 full years. They did the same mistake on mine with the year, but I point out right there and he corrected it.

    Good luck





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  • mikemeyers
    11-07 04:34 PM
    if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.

    good luck!!!

    Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.

    What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??





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  • setpit_gc
    06-06 11:26 AM
    Both Attorney and you will get the RFE letter. I also got the RFE letter.





    gcnotfiledyet
    09-02 03:49 PM
    Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.

    Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.

    PS: Out of curiosity where was it that you were trying to shoplift?





    tampacoolie
    06-29 11:01 AM
    My documents will reach attorney on Monday and he promised to file before July4.



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