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  • krishgreen
    02-06 07:52 PM
    I have sent G-639 (notarized) in October 2010 and I have received a CD from USCIS with I-140 approval and labor that was used to file. I have given I-140 receipt number in the form instead of A#.





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  • go2roomshare
    07-09 02:52 PM
    What do you mean by working? Is this just your idea or you have some information on the effects of this campaign?

    I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this





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  • s_r_e_e
    06-12 06:11 PM
    I agree with your suggestion, but for attorney change, do you think any bad effects? Someone told me judge and jury might question why you change attorney?
    Feel shamed on my poor English, yes, I need improve it ASAP after that jury.

    You should consult another attorney, for a second opinion. Agree with reddymjm that there may be option for u r wife to meet with DA and settle this (have heard abt a similar case). U r wasting ur time here replying to posts like reddog's.





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  • BharatPremi
    05-29 08:20 PM
    i am not sure why you think kavya wont excel in her life - she already has a great headstart with close to 40grand in winnings! i also dont know why you think she will end up working for a non-ivy league educated manager - & even then why its a bad thing to win a spelling bee..too many gaps or leaps in thoughts/logic?!

    If you come across and experience families who make their kids to go through the labor (hell) then and then only you would understand what he is trying to say. The other way of experiencing is to watch the pattern and construct of these spelling bees carefully and apply your own thinking process. Once you do this you would almost agree what logiclife was trying to throw to us.Spelling Bee competition, though make a child well aware about the roots of the words (latin, Greek roots) and provide enough exposure to the kid to understand the English language in its essence, it does not teach a kid how to think, how to become creative and innovative.

    Of course nobody can generalize that particular winninng kid will/may/won't/may not do good in life but more or less these are not the competitions through which parents with reasoning or thinking ability would let their children go. Yes there are some advantages but if you try to enlist then list of disadvantages would become lengthier..



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  • dixie
    08-01 01:48 PM
    DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM

    I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.

    Keeping debates on "education standards" aside, from a middle-school student's perspective its definitely not easy to get into a decent higher educational institute in India; what with reservations and the enormous competition . We cannot deny that higher education opportunities are definitely better(though more expensive) in the developed countries.





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  • GotGC??
    04-26 04:11 PM
    Pardon my ignorance, but what exactly is "K Street" and what is its relevance?


    Thanks to all members of IV who have made it possible for our voice to be heard! Keep up the good work!:)



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  • Goodintentions
    04-11 07:57 AM
    You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
    You may verify the same with lawyers and gurus.
    =================

    Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)

    AC21 and I-140 Revocation : INS Inconsistent on I-485s
    Posted Feb 07, 2003

    The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.

    For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.

    We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.

    The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

    If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.


    � The Law Office of Sheela Murthy, P.C.

    ==================

    Best wishes!!!





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  • h1techSlave
    04-17 02:45 PM
    Yes but in Canada you will breathe clean air and drink clean water. You will have electricity 24 hrs a day and water 24 hrs a day. You wont find trash on the street and you wont be considered second class citizen if you arent SC/ST/OBC due to reservations. You woint have to give "donations" to get your kid admitted to Class 1. You wont face a system where a simple court case drags to 50 yrs or a case where doctor will not treat if before police does a "Panchnama" if you had an accident. You wont have to bribe everyone from minucipality to police to start a business.

    I have driven in and around Toronto for a couple of hours and did not find it much better than driving in Trivandrum/Cochin.

    Other points, I can only talk relating to the US and here we go.
    "you will breathe clean air and drink clean water." - The air in the US is as polluted as that in India as attested by the rising level of Asthma and the repeated Code Red warnings during summer time. Almost same story for water. About a year back, the DC govt. even admitted that the water supplied by them contains too much bad stuff.

    "You wont find trash on the street" - only when you live in a decent community. Just walk around half an hour around NorthEast DC and hope you will change your mind. Do not attempt to walk around the downtown of any US city after 6 PM. We don't want to loose any of the IV members.

    "you wont be considered second class citizen if you arent SC/ST/OBC due to reservations." - Who is considered second class citizens is a subject unto itself. But if you are complaining about reservations, you have never heard of affirmative action.

    "You woint have to give "donations" to get your kid admitted to Class 1." - Agreed public schools are free, just like they are free in India. If you want your kid to study in a private school, please pay $5000 per year.

    "You wont face a system where a simple court case drags to 50 yrs" - I had prefer a case dragging for 50 years or more against a wrong court decision such as we saw during the 2000 US presidential election.

    "a case where doctor will not treat if before police does a "Panchnama" if you had an accident" - I think the situation in India has now changed regarding hospitals refucing to treat people due to police case and such. Now, all hospitals (private hospitals included) are required to treat traffic accident victims asap.

    I am not trying to say, India is paradise. We have lots of crap going around. Many things still stink, but so is the situation in many "great" countries.

    Cheers,
    h1techSlave



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  • msp1976
    05-11 03:12 PM
    My understanding :
    The current versiion of the bill says thus :

    All illegals have to establish eligibility for adjustment of status..Now that could be done through a labor certification or some kind of review by the USCIS. The law does not say how.
    It could mean that all of them submit some sort of form to USCIS immediately after the law comes into effect..Then after 6 years they would be eligible to adjust status..that is 485 filing...





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  • desi3933
    06-24 11:55 PM
    There is one more option for you. H1 and L1 employees can go on long paid/unpaid leaves. If her company can support with document that she was on an unpaid leave for any reason (I do not know the reasons...make something) then there are chances that she will be able to change her status back to H4. All you have to prove that there was a good faith employee employer relationship for that particular duration. Talk to a lawyer, explain the situation..........every passing day is making your situation worse. Good Luck.

    It may work for someone who is out of status for couple of months, but if someone has not worked at all or out of status > 6 months, it will be tough.

    Another thing if change of status is approved without I-94 and by then if I-485 is filed, then out of status is recorded and will be very difficult to overcome. It is always better if out of status issue is resolved BEFORE filing for I-485. Typically Change of Status can take 3-4 months and we may not have that much time to wait for I-485.

    Trip overseas and re-entry can fix the out of status issue in couple of weeks.

    Your choice.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • swarnapuri
    05-28 06:13 PM
    tired of the long wait....





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  • SKR07
    04-21 01:43 PM
    If you stay 6 months everytime and stay shorter durations in home country, then it might create problem at POE.



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  • gunabcd
    06-28 03:57 PM
    This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.

    1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
    2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
    3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..





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  • SkilledWorker4GC
    07-16 02:42 PM
    One who introduced the bill? Or our state senetors or our Representatives? Or someone in particular? I am NJ.



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  • franklin
    09-13 02:50 AM
    And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?

    Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.

    Um... ROW has been retrogressed for some time too (at least EB3), so there is no need to "wait for it to get affected" - wait for that to become current before significant change in other areas of chargeability. But I've been waiting for that for years too.

    You could wait, or you could come to DC and help us to get it changed!





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  • bijualex29
    05-11 02:53 PM
    bkarnik is absolutely correct;



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  • pd052009
    03-09 11:39 AM
    When I saw the post from Pappu, I thought we have some good news in this bulletin. I was wrong.. We need to do some back ground work(lobbying) before expecting some good news.





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  • ganguteli
    04-02 01:03 PM
    Then call senator grassley and ask these questions and prove you have the BALLS!!!! Otherwise you know what it means.

    Best answer I have seen in a long time.:D





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  • snathan
    03-15 11:29 PM
    Don't jump without understanding my comments.

    what makes you come to conclusion that i am supporting him?

    we shouldnot judge others without understanding circumstances. Even if he has intentionally comitted crime, he is going to answer to God for this sooner for later.

    some "shoplifters" are not theives.

    I already answered you. If it�s an accident I apologies.

    By the way what you call them?





    h1techSlave
    01-23 01:02 PM
    With your 485 application packet, you need to attach proof of your 140 application.

    You can switch to EAD after you get EAD (which may or may not happen within 6 months of applying for 485 and EAD). 6 months after you apply for 485, you can switch employer with out negative consequences to your 485.

    Disclaimer: Any thing and every thing related to USCIS is like gambling.

    I hope they do that ..
    Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?

    I will be completing my 9 yrs for H1 in Jan 2010...;)





    cygent
    03-17 06:03 PM
    I would try get Alan Greenspan back into office :rolleyes:
    Bernanke does not seem that qualified IMHO.



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