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Sabtu, 11 Juni 2011

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  • vkotval
    07-17 11:43 PM
    I agree with file485. Blocking the channel is not the answer. Lets put our efforts in getting as many signatures as possible for the petition.





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  • n_2006
    02-23 01:45 PM
    No problem. I am an idiot to replay this post.

    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.





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  • srikondoji
    07-02 03:07 PM
    One question that comes to my mind regarding contributing for the lawsuit is...

    Should i contribute to IV or to my lawyers firm. I believe both ways the funds are going to end up with AILF. Or shud i do part contribution to both these orgs?
    I need some answers.
    The only way out for me is to contribute and nowhere else to go.
    CIR is shut and July has turned back on me.

    The only window i can see is through IV now. The sooner we all realize the better for us.





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  • rbalaji5
    02-09 04:07 PM
    Thanks Life2live,
    Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.

    I live in California now.



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  • valatharv
    07-15 02:39 PM
    I filed I-485 in Nov. 2007 and waiting.... :(

    Problem is I noticed that name of my father in my passport is reversed example it shows <lastName> then <FirstName>.

    But in my birth certificate it is vice versa <FirstName> then <lastName>....

    I got the RFE in July 2009 for my date of birth certificate which I have provided to USCIS mentioning father name as in my birth certificate i.e. <FirstName> then <lastName>.

    I renewed my passport in April 2010 and corrected father name, but in all the old forms before RFE, my father name shows as <lastName> then <FirstName>.

    Will it be issue, I am frustrated and worried on what to do, is it going to have major impact on my GC processing as all the forms I have submitted to USCIS and my passport have my father name as <lastName> then

    <FirstName>.

    Please suggest I am very worried...

    Thanks





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  • singhsa3
    03-11 02:16 PM
    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments



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  • a_yaja
    01-13 12:28 PM
    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.



    The above statement makes me wonder if the lawyer submitted the exp. letters at all. Sometimes lawyers are idiots and they miss crucial items.

    As far as IO being satisfied and what are his next steps is hard to say. The usual process is to first provide NOID (Notice of Intention to Deny), which will give you one more chance to clarify matters. But one can never say.

    On the bright side, your case will be processed quickly and the I-140 wait will be over.

    Good luck on your I-140 approval.





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  • Ennada
    01-13 10:21 AM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...

    I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.

    In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.

    Good Luck.



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  • nraja
    03-09 04:26 PM
    My 2 cents.

    If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.

    Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.

    Thanks.





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  • jayleno
    07-09 08:44 AM
    I think most would agree that this not a case of abuse. Its just an issue between two people. Sort this out with your employer. If he has really over paid you, isn't your 2 weeks salary lot less that 8K?

    One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.

    After 2 months, I quit with 2 weeks notice.
    Now he wants $8000 back or he won't pay my last 2 weeks.

    I am on EAD and don't know what to do?

    Can anybody advice?



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  • sreeanne
    10-12 12:01 PM
    I filed my case on July 17th to TSC. No Checks cashed yet / No receipts.:mad:

    Today USCIS supposed to release bulletin. I hope TSC/NSC moves 5 more days ahead.

    I have a question though : Will USCIS releases bulletin like this once both service centers dates touched Aug 17th which is the last date of submitting 485 applications due to July visa bulletin fiasco.

    I even checked Oh Law firm website and they posted still 400,000 applications were waiting to be processed.

    Any thoughts about this?





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  • arnet
    06-14 05:13 PM
    In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.



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  • eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.





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  • nixstor
    07-12 02:47 PM
    Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes.


    Politics
    ------
    Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
    Satveer Chaudhary, state Senator in Minnesota.
    Toby Chaudhuri, Democratic communications strategist.
    Swati Dandekar, an Iowa State Representative
    Dinesh D'Souza, a conservative commentator and author
    Kris Kolluri, New Jersey Commissioner of Transportation.
    Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
    Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
    Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
    Raj Mukherji, New Jersey lobbyist and businessman.
    Vij Pawar, New Jersey attorney and former congressional candidate.
    Ramesh Ponnuru, contributing editor at the National Review, political commentator
    Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
    S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
    Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
    Sanjay Puri, Chairman of USINPAC & USIBA
    Nikki Haley, South Carolina legislator
    Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
    Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
    Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987

    Thanks for googling this list up. USINPAC tried to portray us as Emigration voice and we will ask them for help. :(

    Guys on the list of Howard Dean/ S R Siddharth etc cannot help us with our cause. The irony is they dont relate our cause at all, because we neither have right to vote nor the right to contribute to their democratic national committee funds

    B T W one andhrite from Detroit gave 1 mil USD to clintons for gracing TANA 2007. I don't know if he is a consulting company owner or a doctor but many andhrites run consulting companies and they would not love us to be freed :)



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  • 485Mbe4001
    03-06 02:11 PM
    so now people give red dots just for asking a question about EB3...where is ACLU:D

    Guys:
    Everyone is talking EB2....what are the prospects for EB3 - India??

    Is it going to move forward..??

    Good Luck..??





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  • AjP
    July 27th, 2005, 11:43 AM
    Freddy slow down, I can do anything at work, was thinking work on it after I get home and you................ LOL great work!!!!!!!!!!!!!!!!!!!!!!



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  • chanlal
    07-31 11:50 AM
    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.

    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.

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

    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.

    Pls answer the above 3 questions.





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  • Rb_newsletter
    02-22 03:14 PM
    just curious. Are you working for a consulting company?





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  • vikramy
    11-19 07:00 PM
    Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.

    Sorry to ask this question on this thread, but i think i don't have ability to create new thread?

    Can some one help please?

    My PD is Feb 2006 and I am EB3 India





    krishnam70
    07-17 06:19 PM
    might serve IV community better if we contribute for funds...

    Good job IV. We should not rest now and carry forward with the actual agenda of IV.





    sunny1000
    12-08 06:00 PM
    "On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."

    My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.

    Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.

    Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.

    Bpositive.

    congrats and good luck!



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