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  • satyasaich
    06-29 09:48 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless one has some compelling personal reasons, i do not see any thing wrong to raise the voice

    Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
    Beware! Big Brother is watching.

    That is the reason I didn't support the US soccer team at World Cup.
    US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

    Hilarious! Couldn't resist :o

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  • vegasbaby
    02-19 07:06 PM

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,


    I am also in the same boat as you. To ans your questions -

    1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

    2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

    3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.

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  • EB3June03
    06-22 07:24 AM
    Thanks for your reply hiralal.

    Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.

    Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.

    I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?

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  • Green.Tech
    07-25 05:37 PM
    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.

    So, did you have to redo PERM for the manager's position or did your older PERM fly?


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  • mahathi
    05-11 06:24 PM
    The problem is I only have single entry visa to Canada. So if I go out I cannot come back without visitors visa to canada.

    I am scared about that as well.

    So, if the consulate decides to issue me the visa, can I get it stamped in India?

    Your reply is much appreciated.

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  • NH123
    10-20 05:41 PM
    Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.

    Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks


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  • tnite
    08-05 10:02 PM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th

    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm


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  • capriol
    01-09 03:09 PM
    Friends, that's what I was thinking for the past few days, i.e., why are'nt my unknown friends form the IV not speculating the outcome of the Feb VB 08. Gosh, I don't pass a day, without agony and stress, not thinking about this GC process, and where it will lead me to, and how many, many years it will take to get the card. I am sure that all of you worry about the same. And, those in charge care the least...just emerging out of a nice Christmas break with all the duck meat, crab chowder soup, etc.
    But, about the prediction as many of you are doing... don't forget the "Unavailable" part for the rest of FY 08. My take is that EB2 will either retrogress, or remain constant, or become unavailable.
    Sorry if I sound so unoptimistic.


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  • neha_garg123
    01-07 10:09 PM
    I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
    I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
    Now do I make some sense?

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  • a1b2c3
    12-19 08:41 AM
    If we were not present there would not be jobs for the current american colleagues of ours.

    If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

    If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

    If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

    If .. <Add other names here>> there would be no Silicon Valley.

    I and other outsiders have created countless jobs and maintained America's technological superiority.

    ... So I respectfully disagree with your statement about us displacing jobs :)

    - JK

    ok. convince yourself then, that you are all of the above names you just rattled off.


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  • map_boiler
    04-26 05:45 PM
    The company HR or lawyer/paralegal should be able to login to the DOL website and check the case status. Since the case is pending for more than 6 months, you could have your lawyer submit an inquiry through AILA.

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  • cram
    10-09 12:16 AM
    My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?


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  • rajeshalex
    11-27 04:56 PM
    U can get the tracking nummber /case number from the lawyer . But you can not get any details from USCIS since 140 is owned by company.

    However if the company has received a140 receipt then the receipt will have
    the beneficiary name

    If u are the beneficiary then u can take an infopass with uscis and get the information from the case number

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  • singhsa3
    07-12 09:20 AM
    Remember green card is a privilege and not a right. But your waiting period idea is well taken.
    I would say put 'Retrogressions' and waiting periods also in perspective.

    In the world and era of progression
    We get the word of 'Retrogression'


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  • EndlessWait
    01-10 04:45 PM
    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    just exactly what ur case status says ...mine hasn't changed ever since it transferred to still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '


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  • vinabath
    07-31 12:54 PM
    When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?

    Dont use.
    1. If your 140 is pending.
    2. If you are still single. You cannot bring the spouse on H-4.
    3. If you think that it may take 3 years to get your GC.

    Use. This is a tough one. I do not suggest using it.
    1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.


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  • immigrationvoice1
    12-18 08:10 PM

    Which is more reliable / popular, OR ?

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  • alkg
    10-18 06:08 PM
    I am in the same boat:::::::::

    July 2nd Filer.
    Reciept notice received on October 11th on Phone.
    Waiting for EAD,AP.
    FP Not Done

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  • aadimanav
    06-22 12:25 AM
    The Oh Law Firm (

    06/21/2009: CIR and What's Ahead

    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.

    08-15 02:08 PM
    Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same

    Thanks. I need to figure out how to start a google group first I guess :)

    IV members from Jackson MS, we need you since you are in the state Capitol.

    01-18 11:30 AM
    FALSE STATEMENT - law was changed couple of years ago.

    How can they advertise it on Sulekha with an incorrect statement???


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