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  • jungalee43
    09-28 11:37 AM
    I used AC21 but was lucky to get RFE only. Thank God.
    It is not worth unless you get double or at least 50% rise in pay.
    Else don't go that route.

    Guys who got NOID/Denied 485, quick question.

    Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?

    For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?

    PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.




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  • Bloomington
    07-15 04:03 PM
    Let�s say I receive my Green Card in couple of months .now my situation. Right now I am on EAD, Single and EB2 current. And I am planning to go to India to get marry ( if I find any girl but you know how its goes) . but my Green card is coming before may wedding so I can not add my wife in 485 ��now I can try F1 but lets say she got rejected and also she is not able to get H1B ( and you know F1 is not sure VISA) �.so what are my options to bring her in USA .

    One option I can sponsor her on family base but it will take 5 years to bring her in US. so I want guidance in this I am sure there are lot of people like me .




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  • amitjoey
    05-31 04:38 PM
    http://www.parlipro.org/table.htm


    Purpose:
    The Object of this motion is to enable the assembly, in order to attend to more urgent business, to lay aside the pending question in such a way that its consideration may be resumed at the will of the assembly as easily as if it were a new question, and in preference to new questions competing with it for consideration. It is to the interest of the assembly that this object should be attained instantly by a majority vote, and therefore this motion must either apply to, or take precedence of, every debatable motion whatever its rank.

    The motion to Lay on the Table is undebatable, and requires only a majority vote, notwithstanding the fact that if not taken from the table the question is suppressed.

    These are dangerous privileges which are given to no other motion whose adoption would result in final action on a main motion. There is a great temptation to make an improper use of them, and lay questions on the table for the purpose of instantly suppressing them by a majority vote, instead of using the previous question, the legitimate motion to bring the assembly to an immediate vote.

    The fundamental principles of parliamentary law require a two-thirds vote for every motion that suppresses a main question for the session without free debate. The motion to lay on the table being undebatable, and requiring only a majority vote, and having the highest rank of all subsidiary motions, is in direct conflict with these principles, if used to suppress a question. If habitually used in this way, it should, like the other motions to suppress without debate, require a two-thirds vote. [Note: The current (Tenth) edition of Robert's Rules of Order Newly Revised, does not permit this usage of Lay on the Table to suppress a question.]

    As motions laid on the table are merely temporarily laid aside, the majority should remember that the minority may all stay to the moment of final adjournment and then be in the majority, and take up and pass the resolutions laid on the table. They may also take the question from the table at the next meeting in societies having regular meetings as frequently as quarterly. If not taken from the table at the next meeting, however, the motion dies.




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  • shx
    01-29 06:00 PM
    Why does Australian govt allow H4 Visa holders to work unlike the US Govt does??????

    Doesn't AU government know that H4 visa holders don't necessarily have the same skills as the H1 holders do? May be in AU, there is no provision to change from H4 to H1. In the US, you can always change from H4 to H1, if you want to work. In the US, every visa is different. You just need to get the right visa according to your needs.

    I hope this helps people who don't know that H4 to H1 is possible.



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  • mohican
    03-16 06:47 PM
    WHAT ARE THE NEXT STEPS--URGENT HELP!!!

    My MTR was reconsidered--what a relief. Here is the response:

    "Service motion to reopen or reconsider:
    In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

    My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

    My question to fellow members of this forum:
    1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
    2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

    My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?




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  • waitnwatch
    06-09 01:27 AM
    All,

    I have been a passive follower on IV for few weeks now. I read the news clippings that people had posted where there was some Gautam Aggarwal who felt the point system was good. I see a press release from him that I saw floating around some mailing list.

    Quite honestly even though lots of us disagree with him, he does make a very valid point. IV should consider clubbing US educated people such that 2 separate quotas can be created. Instead of banishing him as an elitist look at his point he is making by just marketing how the country is using the educated. Using a well respected university name is no different than talking about how we legals pay taxes etc. Just because we are educated and better of that the illegals as an argument is no less than elitism in that sense. I happened to go through gautamagg's post after the Guitrezz rally - read his message again sans tone. He makes a point. This CIR bill could have been good for us if we approached it positively looking at US educated people as a group too. Also his statement on the AP report about MPS being good is not totally incorrect in an environment where both EB and MPS may exist - if we can get that i.e. EB and MPS keeps both sides happy and we should fight for that. I emailed gautamagg and he did mention that the AP report cut out that part of his statement and told me to verify that with the reporter if I wished to. I think we guys need to be less passionate before we throw stones at others. IV is definitely doing a great job but people should share opinions openly on strategy - we are all humans and we may have missed an important aspect at IV - most IV folks seem to be non-US educated consultants and therefore disagree with Gautam. We really are 2 diff groups who want the same result with better partnership. My 2 cents. His press release:

    For Immediate Press Release: May 28, 2007

    “Grand Bargain” Immigration Bill creates issues for International Students in Economics, Finance and Business

    Mountain View, CA – May 28, 2007 – The US Senate is actively debating the proposed “Bi-partisan Grand Bargain” Immigration Reform bill. While the bill does have many provisions to attract educated people from outside the US, it also creates restrictions for people with an economics/ finance background.

    One of the proposals is to introduce an additional visa category for people coming to the US for graduate study. Though the proposed F-4 visa category is welcome by the international students’ community, it is unfavorable for people with a non-technical background or for people with a technical background who would like to gain additional skills outside of technology to be successful entrepreneurs. The proposed category, called the F-4 students visa, allows international students two major provisions that the existing student visa, the F-1, is restrictive in:

    1. F-4 students do not have to prove a non-immigration intent. Unlike F-1 visa applicants, students coming on an F-4 visa will have the ability to have a “dual intent” at the time of applying for their visa, while entering the Unites States, or while maintaining their F-4 status in the US. Such students can have a pending Green Card (GC) application or can apply for one while on F-4 status. This is in contrast to the existing F-1 category in which a previous or current intent to immigrate to the United States negatively impacts a persons ability to obtain an F-1 visa.

    2. Under the F-4 visa, instead of 12-months the students will have up to 24-months of Optional Practical Training (OPT) available after graduation. The larger time window will help students evaluate employment options while staying agnostic of visa issues.

    The bill restricts the F-4 visa to people who would attend advanced degrees in the fields of Science, Technology, Engineering, and Mathematics (STEM). Such limitation to STEM alone would negatively impact the inflow of international students to other graduate programs such as Finance, Economics, and Business. In today’s dynamic global economies, technology and business work together. Over a third of the MBA class in top US schools such as Wharton, Stanford, Harvard, and Cornell comes from a technology background. Restricting these provisions to STEM degrees alone will result in a severe shortage of highly skilled international students coming to the US for an MBA due to an advantage the STEM degree holders will have over them. This will impede the abilities of many “technologists” to obtain business and finance education and will reverse the positive trend in places such as the Silicon Valley where many engineers turn into successful entrepreneurs creating wealth and job opportunities for many Americans and add to America’s competitive edge.

    While the Senate has shown foresight by introducing the F-4 visa that helps in retaining people with advanced education from the US, it remains a very myopic solution to the problem it intends to address. Next week, the Senate comes back from recess to discuss amendments to this bill, this press release appeals to the Senate to consider enhancing the provisions of the F-4 as well.

    Note: Hundreds of people are affected by this already. With a Masters in Computer Science from Cornell University, 7-years of technology experience in the Silicon Valley, and after paying over $ 150,000 in taxes, Gautam, issuer of this Press release, may be unable to join his MBA class at The Wharton School this year. Because he had once started his Green Card process and established an “intent to immigrate”, it is difficult for him to reverse the process and obtain a students visa. Over 3-4 years of processing wait times has resulted in many people such as him to give-up their applications in lieu of additional education. But, their past intent looms over their very uncertain future: 22 of them have connected with each other and pray that their Indian Gods stay happy with them on the day of their student-visa interviews in India and that reason and common sense prevail.

    ###

    Contact:
    Gautam Aggarwal
    gautam.aggarwal@gmail.com

    I would beg to differ on the issue of a Merit Based System being good for us and I have a US Ph.D in a STEM field with over 5 years of post degree experience.

    I have calculated that a Masters in Computer Science with 5 years experience will get more points than a Ph.D in say Civil Engineering because of two reasons (1) Computer Science is a high demand field and Civil Engineering is not. (2) A Ph.D may take around 6-7 years to get and by the time this Ph.D gets 5 years experience he may be touching 40 and not even getting the points allotted to those under 40.

    If you are a professor in Civil Engineering from India or China and even have tenure there is a big chance that you would not get a green card given that there will be a 10% country limit.

    Wouldn't you think that such a system would be seriously flawed or do you think that Gautam is correct I am myopic.

    IV may have a predominance of non US bachelors in its membership but most of its core have US degrees. So if you look at what IV backs you would find that even though they cannot fit in every individuals tailored requirements they very well realize what is for the greater good.



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  • neelu
    06-09 10:34 AM
    I replied to the EB3_Nepa's first post saying that we probably should support killing this bill and try to attach our amendments to other bills.

    And then I saw posts from others saying there were 700000 faxes from anti immigrant groups to kill the bill. And we barely managed to send some 10000 to 20000.

    Like someone else said we seem to fighting their huge swords with our toothpicks. With a member strength of 14000, we will not be able to fight their web fax camaigns with any bill this year (even appropriations bills etc.).

    So I come to this conclusion (which IV pundits probably arrived at long back) - the only way we can fight the anti immigrants is by aggressive lobbying. We have only 14000 members, but we together can contribute like we are a 700000 membership. And then we could think about hiring more than one lobbying firm if that helps, otherwise apply more pressure through the one we currently use.

    This is the only way, I feel we can get anything done this year, because increasing membership takes a longer time than raising funds, and we dont have time!!!!




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  • paulan
    08-04 02:28 PM
    Please see the answers below:

    Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
    1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
    I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
    2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
    The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".

    The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.

    Keep in mind, that no matter what, you will not be able to work before Oct 1.

    I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.

    You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.

    Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
    So my third question is
    3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
    Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.

    Again THANK YOU for your replies, it's a BIG HELP!



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  • grupak
    06-27 10:30 AM
    Call




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  • admin
    03-17 09:49 AM
    If that link does not work for you, go to the Library of Congress - http://thomas.loc.gov/ and search for bill number S2454



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  • dealsnet
    11-10 05:47 PM
    Same sex marriage couples cannot sponser for GC?
    But they can get Insurance coverage and family benifits from the state.
    May be USCIS to prevent malpractice by the people to get the GC.

    I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.

    I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.

    I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.

    I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.

    -Nola




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  • gk_2000
    03-27 10:17 AM
    MC - ur date is pretty close and I can understand ur frustration being so close yet so far. Porting is like labor substitution - LEGAL. Nothing we can do.

    He has a choice of how to behave at any time. Being near the goal could also allow one to be more charitable, as you know you will be in the green in near future



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  • factoryman
    02-13 01:58 PM
    My posts at IV is to help IV and its members to be on the virtual vigil and to achieve IVs stated goals. I firmly beleive my threads and posts generally have a very positive comments from real IV members.

    It is clearly members like chiecoli (http://www.nclex-rn.net/nclex/messages2006a/132169.html) that are really upset.

    Short of substance and material. Let me know if I can be of help from my skills, research and ability.

    It seems nurses are more frustrated because their H1B visas are getting rejected by the tons over there at Philipines. Read straight from the source. (http://www.filipinonurses2us.com/2007/02/denying_h1b_app.html)

    I am not going to take anything by staying quiet. Give me your next salvo. I am ready with more research.




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  • eb3_nepa
    07-05 11:18 AM
    Matthew OH is playing with words since yesterday. I am not even sure if he knows what he is talking about. Did you guys read the stuff about 485 filing. The phrase "Untangling the tangled mess" was mentioned 3-4 times. After reading his notices, one has to wonder what the heck is he talking about.



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  • tikka
    05-31 03:10 PM
    Can everyone on this thread please take a minute and contribute.

    If you have already done so thank you so much!




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  • Jaime
    09-13 09:38 PM
    PM us! We'll help you get to DC!!



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  • smuggymba
    03-27 10:23 AM
    Joker from "The Dark Knight" said the same thing. Leave this pattern of thinking. United we stand and divided we fall. I am not talking ONLY to you here.....

    Are you high from last night. That's exactly what I said - donate and be united. I don't have time to argue - I'm outta here.




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  • mallikonnet
    07-21 06:58 PM
    Thanks for your inputs. Please also read my previous message. If there is a less non-confronting approach that is equally good in bringing this to the attention any authorigy and resolving it amicably we should be all for it.

    - So can IV help us by filing a petition/letter to DOL/UCIS or the other relevant authority towards this cause...basically explaining the plight of the affected people and how they have been affected by DOL not doing FIFO processing of the labor applications in the traditional process.
    IV core team, please provide us some guidance and please help us here.

    - I do agree if the petition doesn't work out then we can think on the law suit. OR we can explore that option and start getting the details of the process parallely so that we have all the information in hand. But if a petition isn't possible (which I doubt) then we should be able to swiftly act on the lawsuit.

    HI RISKER I GOT FEW QUESTIONS. THESE QUESTIONS MAY WELL BE ASKED BY DEFENDATS(DOL) WHEN YOU FILE LAWSUIT.

    1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
    2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
    3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
    4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.



    I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....


    GOOD LUCK




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  • walking_dude
    09-20 08:04 AM
    IV hasn't spared any efforts in attracting other Immigrants and making them comfortable in a forum with overwhelmingly high Indian members [the reality]. Like the ban on vernacular language usage on the boards, statements and posts giving a distinct Indian feel to the forum etc. And yet 98% (may be more) of those who marched on Sep 18th were Indians.

    When the participation is voluntary, I fail to understand the issue of concerns over the participation of one community and the absence of others. Of course the most active protesters will always be the hardest hit.

    For example, Civil Rights movement was predominantly African-American as they were the hardest hit by segregation. Ditto for the marches by Undocumented immigrants, which are predominantly Hispanic. Though it's estimated that there are around a million Indian illegals, there's hardly any Indian representation - thank God for that - at their rallies.

    We should stop worrying about the ethnicity of the participants and concentrate on the issues at hand, which are affecting all ethnicities.

    they always seemed to mention that Indian and Chinese legal aliens protesting backlogs. I think there should be some effort to also include people from other nationalities




    Prasad_FL
    05-18 08:20 PM
    I just did it. It is very simple and I have informed my friends. Good job Pappu.




    gk_2000
    03-28 05:55 PM
    Was hoping people could take this post in a lighter vein, apparently not:)
    If it helps any...("nahi bola tho suntha nahin?")
    YouTube - Hyderabadi Mushaira comedy (http://www.youtube.com/watch?v=7qEoCinCkK0&feature=player_embedded#at=272)

    Sense of humor? You out of your mind? Here people lack in sense, then where will sense of humor come from?



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