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  • chanduv23
    12-18 09:46 PM
    The chat is on now





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  • sparky_jones
    10-01 08:22 PM
    Yes, being able to produce a complete file with all the paperwork is a pre-requisite for self-represenation. However, if and when you decide to "pull out your G-28", how will you go about making sure that USCIS updates their records to ensure no further correspondence is sent to the attorney? Are you aware of a standard procedure to do that?

    Thanks!
    I already pllued all of my paperwork from attorney.
    You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
    So, better have a copy of all paprework before..

    I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
    I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..





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  • uimv
    03-14 12:08 PM
    Incorrect!
    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -
    http://www.uscis.gov/files/article/E1eng.pdf
    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.

    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.





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  • wahwah
    06-03 01:03 AM
    why do you say that the audit is for pending applications only?

    the news article says that they are auditing all PERM applications filed by Fragomen, which means that pending and approved applications will be audited. The article doesn't mention the timeframe either.

    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment



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  • EADQuestion
    08-14 12:21 AM
    My EAD expiring on September 9th, 2010. I applied June 16th 2010, Notice date 23rd June 2010.

    I have not received anything so far. I have India travel planned on August 27th.
    My worry is if I receive Finger printing notice when I am in India, what will I do?
    USCIs expedite request denied because 75 days not over yet.

    What are my options? Losing my sleep over this. Pls answer..





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  • sparky_jones
    03-23 03:12 PM
    bump



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  • kumargovin
    06-03 10:33 AM
    I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.





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  • same_old_guy
    05-24 02:32 PM
    This subject is treated as an elaborate chapter titled "The quiet crisis" in Friedman's book "The world is flat". A very good read. Here is an extremely well written article on education crisis staring at the US. It also touches on the broken immigration system.

    Feel free to discuss but kindly refrain from making extreme and judgmental statements.


    ************************************************** *******

    Credits: Thomas L. Friedman (NY Times). All rights reserved. Article has been reproduced in its entirety.



    The quiet crisis in US education

    By Thomas L. Friedman



    First I had to laugh. Then I had to cry. I took part in commencement this year at Rensselaer Polytechnic Institute, one of America�s great science and engineering schools, so I had a front-row seat as the first grads to receive their diplomas came on stage, all of them PhD students. One by one the announcer read their names and each was handed their doctorate � in biotechnology, computing, physics and engineering � by the school�s president, Shirley Ann Jackson.



    The reason I had to laugh was because it seemed like every one of the newly minted PhDs at Rensselaer was foreign born. For a moment, as the foreign names kept coming � "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" � I thought that the entire class of doctoral students in physics were going to be Chinese, until "Paul Shane Morrow" saved the day. It was such a caricature of what Ms Jackson herself calls "the quiet crisis" in high-end science education in this country that you could only laugh.



    Don�t get me wrong. I�m proud that our country continues to build universities and a culture of learning that attract the world�s best minds. My complaint � why I also wanted to cry � was that there wasn�t someone from the Immigration and Naturalization Service standing next to Ms Jackson stapling green cards to the diplomas of each of these foreign-born PhDs. I want them all to stay, become Americans and do their research and innovation here.



    If we can�t educate enough of our own kids to compete at this level, we�d better make sure we can import someone else�s, otherwise we will not maintain our standard of living. It is pure idiocy that Congress will not open our borders � as wide as possible � to attract and keep the world�s first-round intellectual draft choices in an age when everyone increasingly has the same innovation tools and the key differentiator is human talent. I�m serious. I think any foreign student who gets a PhD in our country � in any subject � should be offered citizenship. I want them. The idea that we actually make it difficult for them to stay is crazy.



    Compete America, a coalition of technology companies, is pleading with Congress to boost both the number of H-1B visas available to companies that want to bring in skilled foreign workers and the number of employment-based green cards given to high-tech foreign workers who want to stay here. Give them all they want! Not only do our companies need them now, because we�re not training enough engineers, but they will, over time, start many more companies and create many more good jobs than they would possibly displace. Silicon Valley is living proof of that � and where innovation happens, matters. It�s still where the best jobs will be located.



    Folks, we can�t keep being stupid about these things. You can�t have a world where foreign-born students dominate your science graduate schools, research labs, journal publications and can now more easily than ever go back to their home countries to start companies � without it eventually impacting our standard of living � especially when we�re also slipping behind in high-speed Internet penetration per capita. America has fallen from fourth in the world in 2001 to 15th today.



    My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal Democracy Forum. They are trying to make this an issue in the presidential campaign by creating a movement to demand that candidates focus on our digital deficits and divides. (See: www.techpresident.com.) Mr Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child Connected."



    Here�s the sad truth: 9/11, and the failing Iraq war, have sucked up almost all the oxygen in this country � oxygen needed to discuss seriously education, healthcare, climate change and competitiveness, notes Garrett Graff, an editor at Washingtonian Magazine and author of the upcoming book The First Campaign, which deals with this theme. So right now, it�s mostly governors talking about these issues, noted Mr Graff, but there is only so much they can do without Washington being focused and leading. Which is why we�ve got to bring our occupation of Iraq to an end in the quickest, least bad way possible � otherwise we are going to lose Iraq and America. It�s coming down to that choice.


    ********************************************



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  • chaanakya
    04-04 10:53 AM
    Hi, Congratulations :) When our son was born, we were in a similar predicament. We had to travel to India after about 60 days. This was the sequence of events..we got the birth certificate after 10 days, SSN after about 25 days. Applied for passport, paid extra for expedited service and got it in less than a week. Went to the indian embassy and person, explained the situation and the got the visa in about 2 days..

    Afterwards i found out that the PIO involves less paperwork :) but i dont know how long that will take ...





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  • ramus
    09-08 01:05 PM
    rpulipati,

    If I remember correctly, I think you starting from Greensboro, NC..

    Do you plan to ride our bus ? Are you in touch with raleigh folks?

    Please send me PM if you interested in riding bus..

    Thanks.


    internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.

    JazzByTheBay, Thanks for your response. I read the mission statement & website, but I'm still not clear on what we want from this rally (other than showing support for IV).

    If you look at few months back, when supporters of illegal immigrantion did the rally, they wanted CIR to be passed.

    1) Is there a bill in congress, that we are supporting? If so, please share the details.

    2) Are we proposing a new bill? If so, is it not wise to propose a bill ASAP before rally? Law-makers are going to ask, what do you guyz want? Are there any benchmarks for rally? Having a solution (a bill) in hand will help to represent and to join more people for rally.

    Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.

    As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.



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  • paulinasmith
    08-20 08:06 PM
    Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?

    The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"





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  • coolvigo
    07-12 11:02 PM
    Guys,
    Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)

    http://www..com/discussion-forums/i485-1/114468227/

    :)



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  • simon03
    07-14 01:11 PM
    My company attorney is not of much help. He claims given that USCIS has issued Receipt, and has not yet rejected the application, we may be ok...

    For me, the risk is that USCIS rejects the application after sitting on it for 2 months...My EAD is expiring mid of Aug, and I will have to start again, and will have to be on unpaid leave.

    Has anybody in the forum applied for EAD renewal and whose I-485 filing date is between August 1, 2007 and August 17, 2007 ?





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  • Chris Rock
    08-13 02:02 AM
    We are open to all possibilities in getting relief (big or small) for the community.
    You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
    Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.

    BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.

    Thanks Pappu for your reply.

    I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...

    Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.

    Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.

    If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.



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  • apt29
    08-17 02:59 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    Once get a job offer, or intended join date:

    You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.





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  • gcnirvana
    06-21 12:58 PM
    You can try other CBP but the best option is to go out of USA (maybe to mexico) and come back with a new I94 valid till Oct 2008. Don't forget to handover both the I-94s (one in pp and 797) while you go out. HTH!

    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!



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  • xu1
    04-08 06:02 PM
    Then what do you do if you dont have a candian permit ??
    A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.





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  • mdipi
    11-01 03:31 PM
    how do i anti-alis? well anyway, i took your adive and this is kinda what it came out to be, I LOVE IT! Right a tut on substuting gradiants or something for Kirupa. Lost and Eilose are making a PS section of the site so they might be able to add it, i already added mine =)!



    thanks a bunch


    -mike:cyclops:





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  • greencard_fever
    08-19 05:49 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi

    I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.

    Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.





    Berkeleybee
    05-30 02:31 PM
    As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

    That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

    Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

    It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

    Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

    If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions on AC-21 portability, these will save so many lives from being trapped.

    These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

    Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.

    Asian,

    Not sure what you are getting at here.

    The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
    Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

    Berkeleybee





    NKR
    08-15 01:57 PM
    The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.

    I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.



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