Thursday, September 8, 2011

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  • smartboy75
    09-29 01:37 PM
    I have come across some cases where GC aplication I140 was reopened after being approved. So this is no surprise. While I could not find the reasons fully in many cases, why cases were reopened as people tend to hide the true reasons. I think for GC applications the reasons may have included-- suspicion of fraud/complaint against the employer/Ability to pay after seeing more GC applications in the same company and thus reopening past cases/Bona fide intension of the employee to join the company after seeing some irregularity in the immigration applications/too many GC applications or H1B applications from the same company and thus a red flag for an H1B dependent employer.

    The best solution in such cases is to first find out the reasons and weakness in your case. Each case is different and one cannot generalize. So each applicant will know their reasons. If the case is reopened, then don't panic. But if you get an RFE, the immediately contact a good lawyer and answer it.
    Thanks Pappu.

    I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.

    As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.

    But an H1 which was approved an year ago, I have'nt heard of anysuch thing.

    There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....

    Lets see what the notice says..and I will update everyone of the findings...





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  • chicago60607
    09-17 11:28 AM
    Seems like they are discussing about Attorney General Michael B. Mukasey





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  • kubmilegaGC
    09-24 07:39 PM
    I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...

    I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.

    THANK YOU GOD - THANKS FOR LISTENING.

    I will be around - not going anywhere and will support IV efforts!

    BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.

    Here is my journey - encapsulated:

    PD- June 04
    I485 files on July 2nd 2007 - NSC
    RD 8/4/2207
    SR #1: 9/4/2209
    SR #2" 9/11/2209
    Senator contact: 9/10/2009 and 9/11/2009
    Infopass: 9/15/2009
    CPO emails: 9/17/2009

    Hang in there - open SRs and contact your senators!!!

    ....and the final step #6 is done - got the physical cards at home today. One long journey comes to an end!!!

    Wishing LUCK for everyone who's still waiting!





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  • ronhira
    01-11 12:51 PM
    Pappu,
    Why dont you organize a rally, we will contribute and be their for the rally. We need to do something ASAP. I humbly request you and other core members to organize a rally and pick one day for sending flowers to either white house or USCIS. Also we can balck out our personal information and send our transcripts as well.

    Please organize a date, how about February14th, we will get more attention. Love for permanent residency, media will like the idea and broadcast it.

    often i'm amazed by the knowledge of some of the posters here...... but more often i get a laugh out of stupid ideas that r thrown around...... for example u want something big.... want to send transcript..... blacking out the name...... if there is no name on the transcript..... how will anyone know if its genuine...... so u r still afraid of someone knowing u'r name... but u want to do something big....... that makes real sense...... if u know what i mean..... then u want someone else to do a rally....... r u going to come to the rally?..... how will u hide u'r personal information when u come for the rally....... maybe time to take out the Halloween nixon mask.... to protect the personal information/identity..... and for the hunger strike.... lets have someone with a nixon mask do hunger strike...... we could just say that its not me who is doing the hunger strike.... its president nixon doing hunger strike on my behalf....... great idea...... by far the best one ;)



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  • m306m
    06-11 04:24 PM
    I am already financially/emotionally drained out due to my accident. I guess its going to be deja-vu for me again.

    Now I have hardly any money in my bank accounts(around 14K to be precise), and no house , which seems to be a good news and they cannot rip off much.

    Only questions I have now are:
    1. Any idea generally how long these things can go on?
    2. During the trial will there be any restrictions on leaving the country (In genuine emergency situations)?
    3. In the worst case if I am willing to give-up my GC..would it still make sense for us(my spouse and 2 kids) to go thru all this emotional stress all over again by staying here and thinkign about what will happen tomorrow...?

    If you have only 14k then that is all that they can claim from you. In extreme cases they can consider put a lien against your future pay (for eg: 50% of future pay going to pay for the damages).

    But don't worry so much!!! Why you will ask? here are the reasons.

    Firstly, it matter who is suing you. Are the lawyers representing the insurance companies of the victims or are the lawyer retained by the victims directly.

    If the lawyers are retained by the victims directly, the victim has to pay the lawyer to fight this case. The lawyer will only fight if there is way they can get you to pay the fees. The fees for such a lawsuit will far exceed 14K!!! So what you might want to do is request a lawyer to write a letter on your behalf to the lawyers of the victims and request them to settle out of court. for may 10K or else threaten that you will leave the country and they will recieve nothing!!. Ofcourse you don't have to leave the country you are using this as a barganing chip. Move the 14k to india in your parents or sibling's name. that way when they do an asset check nothing shows up.

    From your posts you are sounding very stressed!! don't be relax you don't have to give up your GC. You have get a lawyer to help you out and pre-empt this before it goes to trial. Even after it goes to trial get a lawyer and fight for this (provided it does not cost you more than 14K). If you or your wife or kids are in university, most universities have laywers who will give free advice to students. You can also choose to pay between $100-$500 for consulation with other lawyers (remember the lawyers you are going to consult also want to make money so they will push you to retain them and some of them will scare you with the most unlikely scenarios. Filter this out by talking to 4-5 different lawyers).

    G'luck. this is not the end of the world and frivilous lawsuits in the US are more common than legitimate lawsuits. This is not worth your sleep! Fight for this and don't think about giving up your GC for this!





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  • sin94
    03-30 04:35 PM
    Question do we have to stop working upon receipt of the denial and wait until receipt of MTR? What are work options when a situation like this occurs

    I have used ac21 and moved to a new employer and although my former employer have indicated that they will not revoke the approved I-140 (485 pending since Oct 07) if they do and USCIS does the same situation as described above for me & wife would I be out of status from that period?

    Me being the primary applicant and wife the derivative are not using our H1's (I have 9 months remaining of my 6 year period and wife 3 years) I accepted a full time invoking Ac21 with the new company and joined using EAD. My wife has accepted a contract position using her EAD

    I read somewhere that if you get a NOID and its the 485 gets rejected (even upon providing supporting documents) are we allowed to work during any of that period? what happens if we respond with MTR? how long will it normally take to respond?

    ADVAthanksNCE :) to all



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  • sfcwtu
    09-17 01:01 PM
    sfcwtu: "when you say she did withdraw" what do you mean? did she withdraw 6020?

    I am not sure now. Lofgren mentioned something about withdrawing her bill. But the vote for an amendment went on after. someone explain?

    It's in recession now. The chair said he hope he could move things expeditiously when meeting resumes.





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  • krishjack
    07-16 09:48 AM
    Signed



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  • gzpain
    01-31 10:41 AM
    Done.





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  • go_guy123
    05-07 03:02 PM
    First of all Congratulations desi#### and thanks for continuing to support IV.

    Interesting discussion going on. Yes, I agree that most of us here are waiting for our GC and some of them go on to become US Citizens.
    I believe that becoming a citizen of any country is a person's choice, so let us not give desi### a hard time here.:o
    But I certainly do not think it is an 'achievement' to get a US citizenship, just because it implies indirectly it is an 'achievement' to let go off Indian citizenship. Nothing meant to offend you desi#### but it hurts when one reads such a statement somewhere deep inside the mind. But hey, as I said earlier, to each his own and noone should be judging others in their decisions.
    And it is not only Indians becoming US citizens every year. There are others too.
    Personally, even with all the advantages as stated above of being a US citizen, I will never let go of my Indian passport. Even if the authorities give it to me tomorrow in a lottery;) Never.
    Why? Because my identity, my rich heritage, my family roots, my parents, my culture everything is Indian and am proud of it. There are lot of sentimental and emotional attachments. I was going through the OCI articles today after reading this discussion.
    It is not exactly a dual citizenship. Some clauses are no voting rights! No Indian Passport!
    Getting a GC is another thing, but when I decide to go back after a couple of years, I would definitely want to retain my voting rights. ! I rest my case.

    US citizenship is a final stop for most/many immigrants. Post Sep 11, there has been a surge in nationalization applications because technically GC is like a long term visa to stay permanently. Therefore there is always a risk of losing GC because of DUI or other trivial or accidental issues etc.

    Also post Sep 11, a lot of govt/sensitive projects that were available for GC only have been restricted to US Citizens. You lose a significant chunk of the available jobs market if you are a GC holder in the Maryland/DC/North Virgina area. In fact I know a lot of GC who kept their old passports but because of these hassles eventually decided for Naturalization.



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  • desi485
    11-09 03:29 PM
    Nice. It appears that according to the link below:

    http://immigration-information.com/forums/showpost.php?p=18946&postcount=28

    The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.

    On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.

    Thoughts?

    One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.

    1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.

    2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).

    I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.





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  • sureshn22
    12-21 09:51 PM
    vfs received my passport today i.e., Dec 18th. Dec 6th 1400 hrs was the H1b appointment.

    Here's an extract from Mr.Aytes
    >>>
    PIMS (Petition Information Management System)

    Under PIMS, every consul must see information of an I-129 petition on the system before issuing a visa. As background information, we reproduce the following from an advisory on AILA Infonet:


    �Under PIMS, I-129 petitions requesting consular notification as the procedural benefit are sent to KCC (Kentucky Consular Center) after approval. KCC enters key data from the petition into PIMS and scans in key documents such as I-129 form, employer support letter, and identification documents of beneficiary. KCC also performs some database checks looking for evidence of fraud, violations, or other adverse history and records (including from SEVIS) and records its findings in PIMS. When a post is ready to grant a visa based on a petition (and apparently this includes derivatives), it must confirm the petition in PIMS before issuance. DOS knows that USCIS has not been sending change of status or extension of stay petitions to KCC at all, and we expect that interagency discussions are underway about changing that. We know also that even some consular notification petitions have not been sent to KCC. Any petition not sent to KCC will not show up in PIMS, and there may be other reasons why a petition sent to KCC does not show up in PIMS. When a post does not find a petition in PIMS, it must email to KCC, which unlike posts has direct access to USCIS' CLAIMS3 system where USCIS records petition approvals. KCC will record the fact of the petition approval and any other information it chooses, and when posts check PIMS they can find the information on which visa approval can be based. But until the post sees the petition in PIMS, the visa cannot be granted.�


    Mr. Aytes acknowledged that PIMS caught consuls by surprise. Every client must be warned of a wait of 2-4 working days before being issued a visa at an overseas consular post. It is likely that an I-129 petition filed as a change or extension of status will result in further delays as USCIS does not send information on those petitions to the KCC.
    >>>
    My wife attended H4 Visa interview on 6th but we are yet to receive passport. VFS is clueless and Consulate answers 3-4 working days everytime we call them. Is anyone facing this situation?



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  • amitga
    02-01 12:47 PM
    Today we might not be responsible for that, but I am sure lot of us will do the same after getting (if ever we get it) the Green Cards i.e. open such a consulting companies. Also we do not hesitate to call one of our friend, relative etc through one the tricks mentioned above. Finally many of us work or worked for such companies and let all these happen in these companies.

    The sad part is that big companies like TCS, Wipro also do similar things, so why blame small desi companies.

    A lot of people are responsible for these happenings and a lot of people are responsible for exposing all this. Its not one person or one organization here in play.

    Read the John Miano's testimony in Congress in July 2006. Do a google search and see.

    There are people like him who have dedicated serious time and effort in exposing the misuse of H1B by a few bad apples and then use them to paint the entire H1B program as evil and unneccesary.

    And no, we are not responsible for this.

    The companies that exploit and the DOL that looks the other way when this happens, and the AILA that goes in lockstep with exploiting employers are responsible.





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  • mrjonie
    05-04 09:47 PM
    mine belongs to NSC..I read in another thread that the FP will expire every 15 months and that may be the reason why most of the July filers are getting FP notice again...



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  • bigboy007
    07-18 05:40 AM
    Dude, You might be a new entry in to the ball of Immigration now. As said earlier , every one is free to judge and post the queries. If IV is shutting door of any questions you wouldnt have seen forum threads. There is enough discussion and direction taken on information being released to ALL members. Why one should complain IV not doing anything ?

    here are some atleast, immaterial you agree or not:

    1. If ppl are reaping benefits of EAD for multiple years , its becoz of IV.
    2. whole of July fiasco was a win becoz of IV , not sure whether you are in the boat, but i can see the pain and how IV helped all of us.
    3. all the admin fixes were co-ordinated by IV ,
    4. The list goes on.. those 3 above are just enough to prove the help an ORGANIZATION did with minimal resources. Also please note none of the core are full time IV , they are also ppl like you and me.

    Reason one has donor forum is becoz they are trusted sources. How can one know that you are pro-immigrant or anti-immigrant.

    You would see dialy or minutes updates on sites of anti-immigrants becoz they have dedicated members and number base is too high.

    Again , no one is shutting door against you, looking at your post i see you are shutting door against yourself just becoz your idea of Fax through AILA is not acceptable as an IV agenda.

    Do you know first of all what provisions in CIR 2007 were in there which would have broke the back of ppl on H1 and potential immigrants? Can you confirm which provisions of CIR 2009 if there be one will help you ? will you support CIR even if it says you have to go back to india in no time ? AILA never mentioned in first place whether it would support EB community.

    Plain simple, we pay Dollars even to newspaper ... You dont want to contribute for your own cause but get info for free and prove that will raise for your own cause. Those newsletters are for your benefit and collectively for the whole community.

    Still IV is posting info to non-paying members , IV Never shuts its door but with limited resources they are doing what they can. Before complaining on IV you do your part. :cool:

    Hope this helps you to rethink differently...

    Also , FYI... AILA doesnt post all messages to free members .. all the critical info is circulated via PAID members of AILA.. this is part of any organization ... Can you complain against AILA, becoz if you are FREE member of AILA you still get emails like the one reg. Fax to CIR... There is a lot going in background for CIR than many of us even know...


    Paskal, You are right - I do not understand. But mostly I cannot understand because as an organisation - you do not explain. Frankly, all I can do is register my disappointment at both your response and your attitude.While I get it that IV is actively involved in doing things over the years aimed at resolving this issue, I might feel that I could respect and maybe even understand these efforts better if IV kept its website up to date and all members who sign in updated on what's happening.

    I have often seen threads on this site that have members complaining that IV is not doing anything - to which invariably the response is that one should join the donor forum. On the other hand we get newsletters from admin that ask up to tighten our belts etc. - and get more involved. Well, that cannot happen unless IV provides more updated information on what IV is actually doing, veiled references to behind the scenes activity and years of hard work are not enough to involve all those who have signed up here to become 'more involved'.

    As for this discussion going nowhere I could not agree more - you see to have an open discussion or indeed debate - there must be at least 2 willing participants. And since you have already decided that you do not have time for the Qs of a mere non-paying member of this forum, I do not expect any better.

    By the way, the way ahead is not to close doors, but to welcome questions and encourge those on this forum with curiosity to be more active. More often than not, I have seen that those who Q on this forum, are mocked, ignored, and treated as if they are wasting CORE's time. Sad for a forum that hopes to involve a wider audience in this issue.

    Thanks!!
    Raji





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  • coopheal
    01-09 03:23 PM
    All we Desi's want is a free ride, same old mentality, don't want to put in any diligence in this matter, but very quick on pointing short comings on others. Blame game!

    ....

    Make monthly monetary contribution for IV as a start.......



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  • mbartosik
    11-06 03:05 PM
    If you use the link the post a little above this, then PLEASE PLEASE PLEASE be polite and constructive. This is ultimately someone that we have to deal with, so let's not put our foot in our mouth. Also don't take this as a recommendation to use the link, because it is not.





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  • grupak
    01-30 04:37 PM
    Voted for the question.

    Hope our issues figure in the Presidential debate. Anybody knows more about this Politico publication?





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  • meetpravee
    03-30 02:41 PM
    I have read about LUD's so much in the forum. Can somebody please post a link/explain where I can see/track these changes.





    waitingGC
    02-06 03:56 PM
    How long will it probably take for China EB2 to move to August 2005? It's now in April 2005. Any idea?





    Leo07
    11-22 10:55 AM
    I understand that I'm trying to chose a devil/insurance, which is lesser evil compared to the rest.

    So, in that aspect, Comprehensive/Fixed appears to NOT matter at all. These are just pricey nouns. I can't believe that K.V.Rao's insurance lying publicly that it's a not-for-profit. These ridiculous kinds, stoop to such a level of cheating people with a Indian name on it.

    I'm still open for any recommendations here. I appreciate all your comments & suggestions so far.