Tuesday, June 14, 2011

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  • nikunj007
    03-10 03:09 AM
    Has anyone came across a person who filed multiple h1b through different employers and one got selected and other
    rejected in lottery? Pls share.

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  • map_boiler
    09-25 05:27 PM
    I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.

    he is still eligible to file.

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  • sanprabhu
    07-26 11:20 AM
    I already sent the card to Senator... I urge everybody else to do the same.

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  • md2003
    08-30 01:06 PM
    Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.

    As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.


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  • learning01
    05-11 01:21 PM
    I am trying but I am getting a busy tone.

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  • helterskelter
    06-23 08:33 AM
    Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)


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  • chanduv23
    12-08 10:48 AM
    Dear brothers and sisters,

    We are running a funding drive with a targetted amount for our lobbying efforts.

    A lot of people have contributed and contributions are still coming in.

    Thanks to all those who are showing a wonderful gesture by their contributions.

    If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked


    Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
    Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.

    Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.

    Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.

    We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.

    Everyone in the community has to come forward and contribute towards the efforts.

    Chandrakanth - IV Volunteer

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  • asanghi
    07-17 05:47 PM
    I started another thread with heading "Thank You IV" for reminding members to contribute. It seems this thread is already doing the same.

    Moderater Please merge these threads.


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  • simple1
    05-11 06:49 PM

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    again “respective subsection” is not referring to primary’s subsection.
    same status = parolee, denied etc.
    same order of consideration = PD order.
    respective subsection=the respective/related/corresponding subsection of derivative not the primary.

    This point was already discussed on member's and donor's thread with same subject.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

    This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.


    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).

    Not a legal advice
    US citizen of Indian origin

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  • kumarc123
    05-19 11:10 AM
    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

    My friend,
    to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

    How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.


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  • yabadaba
    06-14 08:04 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?

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  • pthoko
    05-31 09:30 AM

    pappu pappu is offline

    Join Date: Mar 2006
    Posts: 2,042
    pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice
    Default May 31, 2007
    May 31, 2007
    Dear Immigration voice members,

    We have made good progress in our membership base over the past 2 weeks. We are now more than 13,320 strong. Our members are our greatest asset and our grassroots efforts make us unique. It would be in the best interest of this community to use our energies by telling more people about this effort so that more members could join this effort.

    During the past 2 weeks we had about 20 media leads due to the efforts of our members and the media drive. This has translated into about 10 media interviews that are mostly on a national scale. There are some more media interviews in the process and we hope to have them published soon. Let us continue this media drive with enthusiasm.

    Our webfaxes, phone and email campaign has also been working. The response to it has not been as per our expectations yet. However even with limited participation we did hear comments about our campaign from some Senator offices. Hope more members take part in these campaigns. There have been some technical errors faced by few members this week. We have solved those iissues.We are also now going to pay more for a �Premium� service (3 times we pay now) so that the webfaxes can be sent smoothly without �backlogs� in the system.

    Its been more than a week since we started our funding drive for the CIR bill in Senate. We want to go all out with all our might and resources to get our provisions in the new CIR bill. As members have already seen how much this bill hurts our interests and if we do not do something ourselves we do not have much support from outside. The H1B increase provision has much attention, support for various lobbying groups and opposition at the same time from various anti-immigrant organizations. However our provisions and cause require much needed attention and support in order for us to succeed. Our cause is just and few technical changes can very well fix the problems faced by 1.1 million high-skilled applicants waiting for their greencards. For most lawmaker high skilled immigration issues only meant increasing H-1B numbers. Most lawmakers are now aware of employment based green card issues and are aware or organized effort called Immigration Voice. We have been able to convince large technology and healthcare companies/groups to recognize that employment based green card delays is a massive issue. But this is not enough for our provisions to come on the floor and be passed. Tremendous investment in lobbying efforts is required in the current CIR that is a disastrous bill for our community.

    There is a possibility that some of our provisions may get included in this CIR. Some of the amendments on Thomas already have some of our provisions along with H1B provisions. However the chance of those amendments passing is not certain.We are working hard to get something done. IV team is committed to explore every possibility and actively working towards that end. But please understand that it is not easy to get something done. There are hurdles we face due to the politics of the situation and intense lobbying of anti-immigrant organizations that are well funded. This is a hard reality. To get something done, it is of utmost importance that more members actively participate in this effort, contribute again and get new members to join and contribute to Immigration Voice. Each member visiting this forum needs to understand that it is your responsibility to actively participate in this effort because this is your effort, because this effort will solve problems that are yours and mine.

    Due to the hard work of immigration voice and its members over the past 1.5 year, many lawmakers are now ready to listen and do the needful for us. We are also working with several like minded organizations and groups to help our community. But that is not enough to get our provisions passed with a majority vote. It can be because we have not yet done our part to the extent it is required to collectively petition lawmakers with our grievances. This is one more reason why more active participation and contribution is required.

    The point is that Immigration Voice is doing everything that is possible. IV Core team member�s green card application is also pending and like other members, IV core team members are very passionate and motivated about solving the green card problems. We work hard during our regular work hours and on weekends, take vacations to travel on IV work and pay for the trip from our own pockets. We do this because we are also in this greencard mess like everyone else, and we feel responsible and commited to this effort. We all know that it is difficult to change things in Washington, especially when we are a small group. But we have experienced that it is possible that we can get our provisions passed. Immigration Voice needs more resources and this effort needs more active members. To achieve this, we need more resources in terms of contribution from all our members. (Note: Immigration Voice is Tax exempt under section 501(c)(4) of the Internal Revenue Code, since Immigration Voice is not an organization as described in section 170(c) of the code, donors may not deduct contributions that have been made) Immigration Voice would appeal all new members to please contribute and of the members who have already contributed in the past to please consider contributing again.

    With all our hard work over the past 1.5 year, we are well poised to make a difference and represent the high-skilled immigrant community in DC. Media also calls us for comments on any Immigration related news story. Other organizations and groups contact us for collaboration and to seek help. Many lawmaker offices now know us and our cause. And there is a lot that has happened since we started. Most of these things we are not able to disclose on the open forums. But please understand that we need more funds to continue this effort so that we could all see our provisions into law. Immigration Voice is not about one, five twenty of fifty of us. It is about all of us currently in the queue and those that are about to join the queue. Lobbying is very expensive and if we have hired the top lobbyists there is to help us, there are investments we need to make for it too. Now, if this is any indication of how far we have come, I assure all members that we can do it, together.

    In the past 2 weeks we got contributions ranging mostly between $10 - $100 and few $200 from roughly 100 members. I�m sure we all can do much better than that. Such amount can at best support hosting this website, pay for webfaxes and buy few hours of lobbying time from the best lobbyists there is in this country. Lobbying is the most important part of our effort and it can make a difference for our provision. Getting an amendment from a Senator�s office on Thomas is not our aim. We need to work hard to get it on the floor and be voted by a majority. This is a big task and huge lobbying effort is required if we have to go all out to get something done in this CIR bill.

    Please be assured that IV core team is doing whatever is possible with the limited resources. And regardless of what happens in the next few months, Immigration voice would urge all members and readers of these forums to please contribute to this effort. Because what IV core team will be able to achieve will ultimately depend on how much trust you put in this effort.

    Your IV team


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  • DSLStart
    09-16 02:33 PM
    I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.

    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.


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  • gbof
    02-26 02:47 PM
    I came here as F1 visa but I'm out of stutus now. Here is some background:
    I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.

    I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
    Any advice would be appreciate! Thank you so much for your time!

    Both desi3933 and deechi are right.
    on the side: You intend doing a course in English (may be to do a job). Your english tells all you care for english. You sure need to improve your english... even in an informal set up


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  • fionaapple20
    11-27 03:56 PM
    My questions that I posted in a similar thread:

    - Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?

    - Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?

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  • pointlesswait
    03-31 12:39 PM
    take that dispute report and go to your local police station..

    If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.

    If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.


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  • lghtslpr
    02-08 12:26 PM
    Someone over at immigrationportal.com is organizing a letter-writing campaign to demand transparency at the Philadelphia Backlog Processing Center. I think it's a great idea. Please participate. See details here:


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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.

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  • raysaikat
    04-03 10:56 AM
    Yes, they will return the old passport. You should always carry all your passports. However, only the latest passport is the "active" passport. Any new VISA stamp will be on the latest passport.

    All VISAs stamped on your old passports remain on the old passports.

    06-20 12:06 PM

    I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:

    1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?

    2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.

    3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?


    (1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.

    About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.


    Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.


    Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.

    08-30 07:06 PM
    Congrats Babu.

    Finally someone saw some green in the Nevada desert!

    Pls stay in touch and continue to help IV.

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