Monday, June 20, 2011

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  • acecupid
    05-31 10:20 PM
    This bill is 13th most popular on the site... We should vote it right to the top.





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  • desijackass
    01-04 10:39 AM
    well..if he converts to a Mormon and moves to Iowa..he can have many wifes:D

    I think you mean UTAH.

    Is it legal to have more than one wife in India?





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  • chanduv23
    08-11 09:17 PM
    IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

    One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

    So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

    Then again, I am not a lawyer and all that...

    In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.





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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005


    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

    I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?


    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.



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  • ChainReaction
    07-17 10:34 AM
    Date moved from October 03, 2006 to October 06, 2006.. :-(

    I also can't see the updated processing time for TSC

    Can you tell me the processing time for i140 Skilled and professional worker
    thanks





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  • vish77
    06-19 11:15 AM
    Could you please send to me also?



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  • sanan
    07-07 06:11 PM
    Was it aired today?





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  • Pandi
    07-13 08:13 PM
    Congratulations on getting your green card. It has been an arduous and painful journey indeed. Wish you all the best :)



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  • snvlgopal
    01-25 06:00 PM
    Sent to both President & IV and made 2 others to mail the letters





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  • a1b2c3
    10-12 10:19 AM
    Looking at the movement of dates for EB3, esp India and China, it's hard to be optimistic of any changes. It's a very wretched position to be in for Indian and Chinese nationality, if they're in EB3. All those who are eligible to port will definitely try to port to EB2 as long as it's available and cut their waiting time. It might be risky and unpredictable, but it's a risk worth taking considering the endless torture in the form of a long wait and zero or little forward movement of dates.

    There've been times when I've felt like attempting porting, but am not sure of the reaction of my employer - a big "reputed" company. If they revoke the I-140 in retaliation for using AC-21, then no chance of porting and back to square one. So it's the seemingly endless wait for me just like all others suffering from 2001 onwards. If only I'd not hesitated to take a bold step back in 2003. Too late to lament about that though.

    It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
    Their managers pushed for labors subs for them and nobody even objected because it was legal!

    And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.

    Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.



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  • moonrah
    06-12 03:47 PM
    As far as I know, it suppose to start at 11:00 AM...is it still going on? can anybody please provide update or link?





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  • pkak
    11-18 11:59 PM
    pkak,

    I am curious, can you explain why you think housing crisis is because of not issueing green cards?
    I want to know your theory

    When did I say that I think "housing crisis is because of not issueing green cards?"

    Was English a third or fourth language for you?;);););););););)



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  • bluekayal
    07-13 03:28 PM
    Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.





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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • gimme_GC2006
    08-21 12:18 PM
    oh..btw..

    there is one site which only has postings with bad experiences with employers

    http://www.h1bmates.com/forumdisplay.php?f=101


    I did post something about my employer too but my id is different there :D:D


    Do I have to tell that I have nothing to do with that site :D :D :D





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  • gc28262
    03-27 12:27 PM
    Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
    Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
    Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
    You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.

    As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.

    Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.

    qasleuth,

    I understand that is the way rules are being framed in this country. For me, right to drive is a human rights issue. Unlike other countries, where public transport system is well established, in USA you can hardly move without a drivers license and a car.

    Using drivers license as an Id, for me that is non-sense. Drivers license should be used for what it is meant for, driving.

    US may make n number of laws. As a self respecting individual who just happens to be on a non-immigrant visa, I cannot digest the reasoning behind these laws and cannot agree to so many hurdles being put up for a basic need like a DL.

    If they want an ID, let them separate it from drivers license.
    I can't agree to every single law being setup by some ignorant lawmaker.

    Some examples.
    NC DMV had a law stating that you have to have SSN to get DL. ITIN was not acceptable. How would our non-working spouses on H4 drive when they are legally present in this country ? Is it fair ?

    TX DMV has another rule that says unless you have at least one year remaining on the visa you won't be issued a license. What if somene moves to TX during last 6 months of one's visa and can't get a license while their extendion for H1 is pending with USCIS ? One should not drive in the last six months of his visa. Does it make sense ?

    I have come across many such restrictions/situations which does not make sense. So my angst.



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  • vban2007
    08-19 02:00 PM
    I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.

    Dos anyone has any idea?

    Thanks.

    Do we need to select this last option?:

    I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.





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  • dummgelauft
    11-19 02:25 PM
    Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
    I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx number less people in front of who don't qualify for this so their turn will come sooner.
    any leads?

    Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
    The general idea in a desi mind is "why should this other guy get his GC first".





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  • TomPlate
    02-28 11:37 AM
    Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

    Please share your thoughts on this.





    v2neha
    03-27 04:00 PM
    Team,

    The meeting with Rep. Pete Stark's district director Jo Cazenave went very well. She had a little idea about, but was not fully aware of EB process for obtaining GC, and was impressed with our presentation that explained the process in graphical manner. Jo confirmed that Congressman Stark was against illegal immigration and also clarified that he was all in for high tech legal immigration. She listened attentively and took notes. She showed more interest in knowing facts about provisions of S.2454 and Spector's mark up that would reverse provisions of AC21 and Sen. Fienstein's amendments to these proposed bills. She repeatedly reminded me to make sure to forward more details on these after the meeting. I've sent her these details in the 'Thank you' email after the meeting. As it has been the case with outcome of other lawmaker staff's meetings, she suggested that we agressively meet with as many lawmakers as possible - especially in DC, seek support of big companies who hire EB workers and encourage people to contact their congress reps in case of unacceptable administrative delays. Jo has extended her invitation to members of IV to attend Rep. Stark's town meetings. (The next one to be held on 1st Apr'06 in Newark - details on http://www.house.gov/stark/contact/townmeeting.htm ). She asked my personal experience with the GC Processing and how it has impacted me. She noted down my home address and promised that she will not only convey a picture of the issues faced by EB immigrants to the rep, but also have him contact me via mail for anything he might have to say or ask.





    LostInGCProcess
    11-02 03:13 PM
    What happens in case of people who obtain GC through marriage and then due to some reason have to divorse? Do they have to stay married for a certain period of time?? :D:D If so how much would that be?

    I think, it is 2 years.



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