Tuesday, June 14, 2011

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  • raj2007
    06-16 12:50 AM
    To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.

    Adding to the replies to other post

    (i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
    Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
    (ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
    Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
    (iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
    Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.

    Hope I answered your doubts.

    It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.

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  • arunkotte
    09-12 12:23 PM
    Is it true that for a company w/ more than 100 employees, a statement letter from the CFO will be adequate as a proof for ability to pay? What info should the CFO be included in the letter?

    I was so screwed by my lawyer in the LC process so I plan on DIY for the I-140 & 485.

    Yes, you can submit a letter from CFO if the company has more than 100 employees.

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  • whitecollarslave
    01-30 09:08 PM
    I am a LEGAL immigrant how has waited in the line for Green Card for 10 years. I've paid my taxes, social security, medicare and followed the law. Immigration bureaucracy and inefficiency at USCIS has meant more than 250K of Green Cards within legal limits have gone waste leading to a very long wait for legal immigrants.
    Please tell me what I should do - Wait another 10 years? Go back to home country? or jump the fence?

    Guys I added one more question, a little succinct. Please vote for this along with others hopefully one of these will be picked. Thanks

    Voted for this one as well.

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  • santb1975
    01-31 10:29 PM
    However I asked the same question again on hillaryclinton.com for the voice across america townhall


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  • Humhongekamyab
    07-02 03:00 PM
    I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years

    Sorry for jumping the gun; it sounded like a contradiction. My bad.

    If you look at the ICE's public releases you will see they start investigating a case months before they announce their conclusions. I know in some cases the employers will be able to get away with small fines but we should not let this stop us.

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  • qplearn
    09-13 04:14 PM
    Administrator - Please delete this posting immediately. It smacks of shameless racism, and we don't want our entire entire community to be tainted by this shameless guy.
    I did not understand this posting. Where is the racism?


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  • dixie
    04-30 08:11 PM
    Sent in my contribution, even though i havent started my green card process yet .. and may never get around to starting it if the GC status quo continues. However, this is a just and commendable cause, and I believe we should do all we can to get favorable reforms passed now .. strike when the immigration iron is hot.

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  • InTheMoment
    08-18 12:55 PM
    Excellent point. It is called the Selective Service System (www.sss.gov), used when the President orders a military draft (like the ones during WW2 and Vietnam war)

    You have to register (males only) if you become a Permanent Resident in the ages 18-26; otherwise you could have problems during naturalization (N-400 has a specific question for Selective Service) and securing Federal Student Aid.


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  • H4_losing_hope
    03-13 03:45 PM
    I hope this means more movement in the coming months too, my best to everyone :)

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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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  • kumarc123
    01-10 09:39 AM
    I have been a IV member since 2006 . I have seen the ups/downs . donated money , sent letters , attended rallies and done whatever has been been proposed . But I see that many senior members who had the drive to motivate people are not sending or being part of any messages or threads at all and that is exactly why the movement seems to be losing steam .

    The standard response that I see to any question is "have you donated money ? " . "Don't ask for anything till you have donated. " this is followed by some some red dots which normally works to silence the questions. People will be willing to donate when they believe in the movement . I remember we collected $ 30,000 in 1 month before the rally there was huge thread with all the donations . People were charged up and the money came up automatically . I am willing to donate but to be brutally honest I do not see the same level of motivation as was there in 2006 / 2007 days .Please use this as a wakeup call and not as reason to vent your frustration on me .

    There are many senior members who I do not even see any more . Members joining in late 2007 or early 2008 will not know any of these guys .

    Aman Kapoor . He is the founder of IV . I have not seen his messages since the past 3 years almost . Where is he ? Is it too much for him to send a greeting in New years eve motivating the members ? It takes just 2 minutes .

    Mark Bartosik :- He was supposed to the spokesperson for IV .The guy with the MasterCard sign for immigration . I have not seen him for quite some time now
    Where are the other senior leaders like
    a) Walden Pond
    b) There was a this British Girl from San Jose ( had a handle which had name like Rose or something )
    c) Niloufer Bustani from Dallas. I see her once in a while but very sparingly .

    The others even I have forgotten completely.

    The only leadership/core that I see is Pappu and no one else . If you have a country where the prime minister shows his face only once in 4 years , how are the people supposed to believe in that movement ? Please don't reply with a message saying what have I done or why can't I contribute money ? I have done that I am looking for leadership to show us the way and motivate us . All campaigns don't need money donations( Letters , calls , faxes etc ) . We could start with that and then drum up support and momentum and then the money will start flowing in automatically . There has to be a synchronized campaign organized by the leadership and all I see is everybody putting their eggs in the basket called spillover.

    they ask me for monthly contributions and I ask them to hold something big, a rally or something first, as I was not July2007 filer. That's why I am stopping to come here now. To ask for contributions, IV must hold something big,

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  • gsc999
    07-11 07:05 PM
    I'm more of the opinion that White shirts and Denims should be fine. Suit in bay area makes no sense. We are all after all geeky engineers after all.. like some one said!

    Weather forecast for Saturday at this venue = 82 degree F. Partly cloudy.
    Today's humidity level was 46%. As many locals will agree, this is not conducive weather for formal wear.



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  • paskal
    07-17 08:39 PM
    Thanks for the response PASCAL. However I still do not understand why IV is not encouraging everyone to send faxes and register their support via the AILA site. As I have understood AILA has been a leader in this effort for immigration {see July 2007}. If you are trying to say that the interests of AILA and IV are not exactly the same - that is to be expected - no 2 organizations can ever be the same - BUT - surely we can come together to form and pursue some strategic interests. I see that with regard to these bills IV and AILA interests meet. Further if readers @ IV send messages via AILA Action Alert then IV resources can be saved to follow the path that you have described above.

    Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.



    Sorry you do not understand- I really cannot do better right now. Sometimes you just have to accept things! It's not that we do not coordinate or associate with AILA. We do.
    The issue here is very specific, both pappu and I have told you what we think and attempted to explain why we do not want to invest resources in a specific action you suggested. Given that I can't spend the hours needed to explain the last few years of work and experience on this issue, I doubt this discussion will go anywhere. Feel free to send the fax. Just accept that we are not going to promote this as a mass action right now for many reasons. Peace!

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  • gc28262
    01-28 05:15 PM
    Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?

    Here is the pdf link again
    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf

    I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.

    Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.

    Just harping "illegal memo" does not change anything.

    Not a legal advice.

    Referring to the document.

    1. AAO is under USCIS ( I assume )
    2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.

    Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.

    Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.

    Anyways let us wait and see.


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  • logiclife
    04-21 10:51 AM
    I know out of 3000 members, atleast 2500 would be looking at some forums in this site and posting some messages. WHy dont we show some single, double, triple,... up to 5 stars next to the username based on the contributions.

    up to 10$ one star,
    up to 50$ 2 stars,
    up to 100$ 3 starts,
    500 4 stars
    more than 500 5 stars,

    Atleast this will motivate(I should not say this), but will have some effect and will make those guys to contribute.

    I will talk to admin if its possible to rate the users and display the ratings. The only problem here is, its not always possible to connect the user-ids to the contributors. Contributors go to paypal or mail a check, so we know their real names. However, on paypal site they are not required to put their user-ids. The only way to connect them would be to manually match the email addresses on the Immigration voice registration and emails addresses on paypal. However, there is not guarantee that people consistently provide same email to site registration and paypal. On top of that, some contributors are not registered users. Some people visit the site, contribute money but going to paypal or mailing a check, but they are not required to register and many of them dont register.

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  • ilikekilo
    04-15 03:14 PM
    Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
    Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.

    I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
    Just hoping (and praying) that this can be solved smoothly.

    GC is really proving to be a daaawg....


    tell me about it, let me know if you need anything...good luck 2 u..keep us posted..


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  • kubmilegaGC
    09-17 01:23 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.


    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!!!

    anyone would be when they get this email ..I meant 2007 and 2009 wherever there is mistake of 2207 and 2209. Thanks!

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  • caliguy
    10-29 08:23 PM
    Sent the sample letter to everyone who requested for it.

    If anyone has not received the sample letter, please send me another message.

    Good luck!

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  • bigboy007
    07-18 03:21 PM
    when i spoke i didnt speak to normal CS rep they forwarded to me Info officer at Nebraska service center , now the key point is they clearly informed us that they have withdrawn the earlier notice and they said they have to open these july files. If they have just completed june filings they wouldnt have even touched july ones for sure. May be the ones returned which are very small in number are for casing whose dates are not current . for ex. if some one has sent app in normal pririty post expecting to reach on july 2 but reached early and got rejected it happened. so its pretty clear none of us have got the files back , all of three attorneys to comp said the same , my friends attorneys said the same , so we dont get in to too many things now , lets wait till next week or around 25th if we still dont receive then they asked me call back so that they can escalate this , she claims even when they reject they have to create a rejection letter and she clearly told that she was not aware that NSC did that type for these July ones.

    08-21 01:19 PM
    I have a valid H1B permit (no visa). If I use AP to enter and according to the IV gurus I can still continue myself on H1B. Do I need to do any paperwork to change I-94 or it is automatically converted back to H1B as I am not using my EAD.

    04-09 12:30 AM
    I received a call from my lawyer last week saying he got a call from USCIS asking the lawyer whether my wife got the TB Skin test done or not, as she did not get it originally as we were expecting our child at the moment.

    I sent the lawyer the scanned copy of the TB skin test results and posted him the sealed envelope separately yesterday, which he was planning on Faxing over to USCIS. Today I saw a soft LUD on my wife's I-485.

    Don't know what this means? Its hard to belive that my Lawyer is so proactive to send the fax right away. And I can't believe that someone at USCIS actually updated my wifes case after lawyers response...

    So don't know whats going on there... Friends whats meant by pre-adjudication?

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