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Sabtu, 25 Juni 2011

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  • Goodintentions
    04-11 07:57 AM
    You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
    You may verify the same with lawyers and gurus.
    =================

    Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)

    AC21 and I-140 Revocation : INS Inconsistent on I-485s
    Posted Feb 07, 2003

    The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.

    For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.

    We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.

    The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

    If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.


    � The Law Office of Sheela Murthy, P.C.

    ==================

    Best wishes!!!





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  • dhirajs98
    06-28 12:28 PM
    This is what the last part of the text says:
    This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.

    With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

    I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.





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  • indigokiwi
    03-09 12:38 PM
    Pappu,
    184 members and guests viewing this thread.
    Do we have at least 150 people registered for the advocacy days in DC?

    Over 200 members and guests now viewing this thread. If you have not done so already, please register to attend the advocacy days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a-9.html#post2414471) and / or contribute financially (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html).





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  • obviously
    06-13 07:42 AM
    Hello, here are few practical things you can do right away:

    1. Call your embassy.
    2. Ask to speak with a Legal Attache / Equivalent
    3. Explain the case in your native language.
    4. Ask for help. Most foreign embassies are setup to help.

    Tell them you are helpless. Dont know where to go. Given them 100% facts. Dont feel shy about the 'gory' details.

    Remember, this is in the legal system now. Bulletin board responses from here are not as good as solid legal advice and help.

    Next, find a local Chinese / Asian community organization. Google for it. If you cant find one locally, search for ones in big cities like NY, Boston etc and ask them for a reference. These groups are setup to help immigrants in distress. You might find an Asian-friendly or Asian lawyer willing to take up your case, FOR FREE. Just ask.

    Finally, stop talking to all your neighbors. You can always reserve the right to file a Civil Rights / Discrimination suit. The American Civil Liberties Union (ACLU) can help. Call them. After you call your embassy.

    This can be resolved easily if you have the right people on your side. Got it?

    Good luck!



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  • dixie
    07-22 10:41 AM
    I am from India and I have worked in the USA for the last 6 years. I have immigrated to Canada with a Job 6 months back to avoid overystaying. My experience in Canada is very bad. I am a MCAD and Sun Certifitied Developer having more than 8 years experience. I am looking for a job for more than 3 months in Canada and still not able to get a job. There is lots of racism here and people are not polite. I have been regularly applying for .NET jobs and the response is very bad. Maybe because I am from India. Try avoiding Canada as much as you can.

    Which part of Canada are you talking about ? you may be right about the difficulty in finding jobs, but the "politeness" and "racism" part I just dont understand. From my experience of canada (BC and ontario) I can say on the whole people there were much more polite and helpful than anywhere in the US. As for racism, it exists in every country - even in the US, especially in rural areas of the south.





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  • pappu
    10-11 09:51 AM
    I have posted the article from the economist.
    It is a great resource for anyone doing research or writing article on immigration.

    http://immigrationvoice.org/forum/showthread.php?p=28073#post28073

    thanks gg_ny for bringing it to my attention.

    Pls post any discussion and related materials here.
    Pls also mail the econmoist about IV and our cause so that they can print our letters in the next issue.

    The address is
    http://www.economist.com/help/DisplayHelp.cfm?folder=663392

    ================
    Here is another article in 'science'
    http://immigrationvoice.org/forum/showthread.php?p=28077#post28077

    pls send mails to the editor from

    http://www.sciencemag.org/cgi/feedback
    ====

    As you can see from the Science article how difficult it will be to pass anything in the lameduck session. IV cannot do it alone without the help of all its members. Pls send mails to the editors of these magazines highlighting our issues and mentioning IV.
    Pls post a confirmation on this thread that you have emailed the editor so that we know how many people sent emails. We need more participation from our members on such tasks in order to highlight our issues in the media. We find a lot of people posting messages about what we ought to be doing on the forum but only a handful actually do when we urge members to do. Any efforts to get attention from media to highlight our isues will be highly appreciated.



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  • virginian99
    04-16 08:38 AM
    I think this has been discussed on some other thread.. would it be a good idea to make the contributions public.. may be, this encourages others to contribute, when they realize how much more is needed to reach the monetary goal.

    I attended recent meeting arranged by IV in Virginia and they discussed about all this info you are asking. I don't think core team can publicly disclose all this info. They even showed us the recent bill they got to pay the lobbying firm. So next time there is IV meeting please attend it and your questions will be answered in private but not in a public forum.





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  • kondur_007
    09-23 10:25 AM
    FYI -- what is I-9 and what does the employer need to do for that?

    Here is the link to form I-9:

    http://www.uscis.gov/files/form/I-9.pdf

    It is a very simple form to verify that the employee is legally authorized to work. Every employer/HR department must have one of these for every single employee. Employers who do not deal with immigrants (like your future employer), do not pay attention to it, but they still are required to have this on file. This form is not filed with any agency, it is just on file with the employer and occassionally DOL (or probably DOS, i am not sure) may ask for it, and they have to show it to them. (like your tax documents).

    Once you look at this simple form, you will know what it is for.

    Good Luck for your future career.



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  • mpadapa
    10-09 12:35 PM
    Looks like ppl require additional incentives (like free drinks) to attend this event.





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  • chi_shark
    09-26 04:50 PM
    Hey! sorry, i did not mean to judge your situation... all i was thinking is that... hmm.. he works for this company... no he does not.. he works for himself... no but he has an arrangement with that company... so i did not really understand and for a minute i thought it was not a sound thing to do (at least for me)... even i had many questions of very legalese nature... i did ask a lawyer to see me for an hour or two... he went over all my papers and advised me about it... took $200 for that piece... $200 well spent i think.

    its ok to start a company... i just got confused with the company bit... sorry again.


    Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
    is it not ok to start a company on EAD?
    is it not ok to start a company on your spouse name and work throug it?

    Your explanations will be greatly appreciated.



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  • add78
    07-08 02:42 PM
    I am in same situation. As of yesterday, my previous employer would have revoked my 140.

    I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.

    Any ideas how to ensure that AC21 paperwork is getting into your file.

    The answers I see on this forum is
    (1) USCIS is overwhelmed with documents so mail can be trashed
    (2) USCIS clerk does not know how to handle the paperwork
    (3) USCIS certifying officer is not well educated about AC21

    Any idea on how to ensure AC21 paperwork really goes into your file.

    Relax buddy.
    As long as you sent it by certified mail and have the return receipt, if it does not make into your file and if later they issue an RFE, you have covered your base. As long as your new job satisfied the AC21 parameters and you have the certified mail receipt, you are fine. Relax and enjoy new job.





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  • m306m
    07-31 11:32 AM
    EB3 I = June '03
    EB2 I = C


    "Unke dekhe se jo aa jaatee hai MuNh par raunaq
    Woh samjhte haiN ke beemar ka haal achaha hai
    .
    .
    .

    hamko ma'aloom hai jannat ki haqeeqat lekin
    dil ke Khush rakhne ko, 'GHalib' yeh KHayaal achaha hai"
    Ref: Ghazal by Mirza Ghalib :)



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  • gcnotfiledyet
    02-28 07:15 PM
    If the amnesty bill passes, you are better off pointing immigration violation and perhaps tearing you passport and claiming being illegal

    Before you tear up passport just remember that you were fingerprinted/ photoed multiple times before coming here and they can easily retrieve your records. Also if you change your names your degrees/experience will be worthless. Be careful while throwing out such comments.

    Is GC worth becoming illegal? If nothing works then leave it on fate and go back. India is not a worthless country. It gives huge oppurtunities. Sometimes I think that if westerners can go there and make money then there should be something wrong with me that I am so scared to go back.





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  • coolngood4u80
    08-10 11:00 PM
    bulletin looks very much real...at the end of the bulletin it even has the date stamp as Aug 9,2010



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  • Khujaokutta
    03-17 11:54 AM
    I would sincerely recommend we appoint one among us to run the 'Bullietin Patra',
    I would suggest Vilas Rao, i really look forward to his optimistic predictions......
    My vote is for Vilas Rao....:D





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  • Sree Swathi
    04-21 12:35 PM
    Hello,

    i am lawful permanent resident. I want to bring my parents here permanently. I got nobody in India to take care of my parents.

    When i was small, my parents took care of me. When i need them, they are their for me.

    Now my parents need me. But i am not their for them. I feel very guilty and sad. I want to bring my parents in US. So i can take care of them.

    How can i bring my parents permanently.
    I know, i can bring them after i get citizenship, that is too long wait.

    i just want to bring them now. So they can have good life with me. Anybody know, how can i bring them in US soon.

    i saw some petition signed by many Indians for this request. Can somebody please go forward with this.
    Current president will understand our request and help us. He is very nice and kind person. He loves family and his mother in law lives with his family. He knows values of grand parents.

    Indians live with family, that makes Indian family stronger and less divorce. And Indian kids are well taken care by grand parents. So they are well behaved and best kids.

    We need this permission. Please work together and get this permission.

    I read this in a website. Is this possible? I want to explore all possible steps.

    Please help.
    God bless you.


    Green Card for Parents - Sponsoring Parents for Green Card

    Green Card Process for My Parents (Mother, Father)
    An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents (mother, father) must go through a multi-step process to obtain a Green Card and become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa (Green Card).



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  • hiralal
    08-03 11:50 PM
    o.k...I hope you are correct. but how do you explain this ..my friend with a PD in 2004 EB3 had submitted incomplete medicals for his wife as they were expecting a addition in the family ..they submitted during the fiasco with RD in july / aug 2007 ..however no RFE's so far ?? (TSC shows processing dates in end aug 2007 ..which could mean that they are processing sept cases )





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  • EBX-Man
    05-31 10:58 AM
    EB3 is not working, because we have no hope, not because we all went back or have ported.

    h1techSlave you are right about why EB3 not working because they have no hope and not because they have gone back and/or ported.

    Surprising when i say thE same i get a lot of reds :D





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  • 485Mbe4001
    09-27 02:47 PM
    we can also send a band-aid with a message..."Help us fix legal immigration"





    mpadapa
    10-08 09:18 PM
    time for a bump





    ashwin_27
    04-20 11:56 PM
    those who were at the advocacy day saw the amount of behind the scenes efforts IV core and coalition partners are putting in. We are lucky to have folks who have a deep understanding of the politics in DC as well as public policy. So I am sure that from a lobbying and advocacy viewpoint with lawmakers in DC...the best is being done.
    It is up to our members to meet with local lawmaker offices and push our/IV provisions so that the DC offices get pushed from the local offices as well and there is a more well rounded awareness/understanding of what we need.
    It is not a question of whether lawmakers know what we need..it is a question of making enough noise and frequent noise so that our provisions are constantly on their mind.
    Reading the article that a member posted a link for the other day...where there was mention of how thousands of FAIR and NumbersUSA members clogged DC lawmaker office phone lines against CIR when it was brought up in 2007, shows the reality of the situation and on the other hand how naive our EB community is.

    I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.

    A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.



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