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  • unitednations
    04-20 12:15 PM
    I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.

    "skilled worker" is where job requires two years of experience. They share same quota as eb3 professional worker (job requiring bachelors degree). Reason for so much retrogression is that there are many occupations which fit into skilled worker





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  • Iamserious
    02-15 04:34 PM
    http://immigrationvoice.org/forum/showthread.php?t=23750&page=1000





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  • nogc_noproblem
    10-23 09:41 PM
    Congratulations!!! Enjoy the Green.

    USCIS rocks :), no one can predict anything from them.

    Looks like very interesting days are ahead�





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  • indianabacklog
    06-18 02:02 PM
    If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are travelling


    Simple answer is NO. The local offices do not have this authority. Just have to wait for the USCIS wheels to move along at their own pace before you can travel.



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  • NKR
    05-02 06:54 PM
    Ok , it may not be right thread to discuss everything here... but
    What I am saying is, instead of spending N years waiting for GC, I guess we lead better life elsewhere!
    Where else, in our home country... but that reminds me of descremenation again!!
    So I thought of place which is not in high demand yet... africa...!

    I always believe in making things happen, in stead of waiting for someone doing it for me!!

    Dude, you need to be street smart to succeed anywhere. You brag about being from upper middle class but what has that given you here?.. Don't bring up the topic of reservation again, but concentrate on immigration issues.

    People here are waiting for years. your's is a recent case, I think it is better for you to start packing. If you are down south, I personally will come to see you off...





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  • wellwisher02
    05-13 04:46 PM
    I would strongly suggest, people refrain from using words like injustice, etc., Injustice implies the US govt is doing something wrong, when they are not. Such accusations do not reflect well on us and are unlikely to benefit in any meaningful way.

    Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.

    The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
    ---
    Agree with you! I faintly remember a reputed attorney filing a suit against INS a couple of years back against protracted GC on behalf of the GC community. It was rejected outright.



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  • luckysiri
    04-14 06:48 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. They said the lay off was becoz of budget issues. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.





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  • grupak
    12-17 02:12 PM
    With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.

    I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.

    I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.

    But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.

    IV was started by a few dedicated members, it has grown since then. It will continue to grow. As it grows and get more funding, IV can hire someone professional to do the things you say. However, you have to start somewhere. Can't expect to have paid professional managers first, before we even have the funding, and then look for funding to do the things it does.

    And IV is more than a website. We want to build a strong grass roots movement by strengthening the state chapters. There is more than just lobbying that needs to be done.

    As I was reading the posts, I was just thinking to myself that it will involve a lot of work to collect the checks, keep a record (even non-profits must maintain it for IRS I suppose) and deposit it. Most people in IV now are working professionals with a day job. The current system of electronic payment is best for now, in my opinion.



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  • miththoo
    11-04 02:19 PM
    One simple suggestion which is less comlicated than all those above.
    BTW you don't need rbi clearance.
    You can send an overseas wire from india through your bank a/c where the cost would be minimal( only exchange rate diff and cost of wire($25-50).

    Your parents can safely gift you $100,000 a year. Your bank only would need a letter from them saying its a gift.

    I have tried this to repatriate my assets and it works all the time.

    No need to open nre or nro a/c or anything.
    ps. don;t entertain any solicitation on this site for reverse hawala or anyhthing as you don;t know who will cheat you!
    just my 2 cents

    I know this is possible although I did not try this. I think you need to get a certified letter from CA. But can you give the money from your account and again have them gift you ? I mean wouldn't the bank check this is the same money that you gave to your parents previously.
    Btw, you can get upto $100K from your NRE account without RBI's permission. Also you deposit your Rent, interest etc that you get in India, into the Repatriatable NRO account and repatriate here in USA.





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  • sertasheep
    06-24 09:48 PM
    desi3933,

    May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?

    the following are desi3933's comments:
    - sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    - desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Yes, there is a distinction between if the I-94 date has expired, or if it is valid



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  • Humhongekamyab
    01-15 06:07 PM
    The form firearm buyers fill out is a federal form that should be standard across all states. Perhaps your recollection is from before Feb 2002 when nonimmigrants' firearm ownership was not restricted.

    A correction for my earlier post - the pamphlet is from ATF, not ICE. http://www.nafr.org/PDF/p5300_18.pdf

    Regarding FBI Background checks for firearm transactions, they are required by law to give a decision in 7 days, or the transaction is automatically approved. There is a very efficient appeals process for wrongful denials that takes only a couple of weeks. There is also a toll-free hotline to call FBI and talk to an officer.

    Wish they had all these features and the 7-day timeframe for immigration background checks....


    Good info. From the pamphlet it is clear that if you have resided in the State where you are buying the handgun for 90 days and intend to make a home in that State AND are in possession of a valid hunting license or permit lawfully issued in the US the you are eligible to purchse a firearm from an FFL to possess in the US.

    I checked the GA Department of Wildlife website and you can get a license online for hunting in a matter of few minutes by paying a small fee unless you intend to hunt Deer for which you need to undergo hunting course.





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  • anil
    04-14 07:27 PM
    Not sure if this helps, but this kind of thing happened to me 8 years back when my wife was pregnant. I asked my employer about insurance; he said I can continue coverage if I keep paying my premiums. Even if you have to pay a bit more than actual premium it should be better than not having at all. The other option is COBRA as some one already mentioned.
    If that does not work out, call your current insurance company and ask them what are your options in the event you lose your job. You don't have to tell them that you're going to be laid off yet. As the wise say, we don't have to tell everything to the other person until it is really required to disclose. You might end up finding some facts that you probably are not aware of.
    God bless.



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  • jonty_11
    07-18 12:36 PM
    Was there a bill to create this category or this was decision taken by the USCIS.

    Its a good move, I know that this initiative was started by an Officer from US Army whose interpreter was getting death threats for helping the US. When he saw that it was not an isolated incidence he started lobbying the state department to create a separate category. I have been following that story for a couple of months, but was not aware that a bill was passed to create a new category or visas. (i am sure, that USCIS cannot take a unilateral decision to add more visas or else why would we be begging for recapture bills)
    Whcih categories do Political Asylees or Refugees get into?

    I think that is an Open category and anyone who can show that their life is in danger in their Homeland can apply...For Iraq, since tehre are too many, they may be limiting 5K per year...





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  • surabhi
    10-01 05:06 PM
    In most critical situations a person can file a lawsuit in federal court and ask court to 1) compel USCIS to process your EAD within 1-2 days and 2) enjoin DHS from going after the employer if person continues working with expired EAD. Part 2 is available only if employer wants to participate in a lawsuit. Otherwise, file it yourself, it requires the same amount of time as filing for EAD.


    Lazycis

    Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful

    I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.


    USCIS expedite criteria met - no results for past 10 days
    workig with congressman
    sent to Ombudsman, they responsded that they are researching
    took infopass, no help


    THanks



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  • vinabath
    05-29 12:58 PM
    I am very happy for India.

    1.Now most of the work that is being done here by H-1B professionals will be done in India.
    2.Innovations will be made in India. As more money is available for the companies to pump in to R&D
    3.Indian IT infrastructure will improve.

    I am not so happy for USA.

    1. They are doing a big mistake on immigration. They do not have enough resources with right skill set.


    I am not so happy for myself.

    1. I am disappointed by the fact that USA is going in the wrong direction.





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  • sanju_dba
    09-27 09:57 AM
    We ( myself and my wife ) applied at Texas Service Center , Dallas Lockbox.

    - Appiled on Jul 7th
    - mine approved on Sep 10th
    - wife's approval on Sep 16th

    After like
    50days - spoke to National service center ( No help )
    56 days - wrote an email to the POBox printed on the receipt notice ,explaining about my situation that i have already purchased tickets and need to travel on Oct 8th . Consider this factor under financial loss and expedite, added 4 photos , 2 each., invoice from travel agent, and attached receipt notice copy. ( not sure if that helped ).
    later that day - I booked infopass appointment
    next day - I saw SLUD on my case.
    Sep 10th - I got text ( from the USCIS online profile ) noting approval,
    next day - called NSC and asked why my wife's case is not approved yet, they said they will process individually , and it takes upto 30days to receive the AP copy.
    but after 3days i got the physical approval. For my disappointment they didnot processed my wife's case along with mine.( we sent together ).
    Then we called NSC explaining,but this time i could tell mine was approved and her is still pending and explained to expedite based on financial loss. she accepted it and sent a notice to local office, but also alerted us its discretionary.
    On Sep 16 we got approval text message for my wife too.
    after 3 days we got the physical copy for my wife, also got the letter in a different envelop about the "Acceptance of expedite process " ( well it was no use, but thats how their systems are inlined ) :eek:
    Out of curiosity we were tracking other AP receipt notices ( by altering last few numbers of ours and they showed same receipt dated ) online in case status window. it showed one applicants approval was done and the adjoining applicant was kept pending for few days. after we got my wife's text message, we searched again those other APs and surprisingly all those got approved as well.
    My recommendation to others in hurry ,if they crossed 50days , try taking info pass , talk to NSC . just donot leave it at its pace.



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  • USINPAC
    07-13 02:57 PM
    July 13, 2007



    Aman Kapoor
    Co-Founder
    Immigration Voice
    P.O. Box 114
    Dayton, NJ 08810
    aman@immigrationvoice.org

    Dear Aman,

    This letter is regarding the article "Say it with flowers: Gandhigiri for US green cards" published by the Indian Express on Wednesday, July 11, 2007. The article erroneously indicated that Robinder Sachdev from USINPAC was a coordinator of the flower protest initiative. As you obviously know, this is incorrect. I assure you that Mr. Sachdev did not make this false representation. We are reaching out to the reporter requesting they publish a clarification. USINPAC is aware that the flower plan was originated and organized by Immigration Voice and has responded to all enquiries accordingly. Please feel free to call (202-276-7946) or email me on this, if you have any further questions.

    Warm Regards,


    Surabhi Garg
    Director, Member Initiatives
    202-276-7946 (Cell#)
    sgarg@usinpac.com
    www.usinpac.com





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  • sparky_jones
    02-23 01:38 PM
    Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.

    Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.

    My recomendation is to hire a ethical and realistic lawyer and not a greedy one

    Assuming that AC21 documentation does reach my file, is there any harm in it?





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  • psam
    08-10 11:09 PM
    May be mumbai or some other consulate in the world published it.





    srikondoji
    05-24 03:30 PM
    How bad it can be for those with approved I-140?
    Earlier it was 140K times 7% = 9800 with everybody and now it is 90K times 10% = 9000 with most of them gone into new merit based system.
    I still don't get it?



    Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers

    This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.





    logiclife
    02-01 02:16 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

    --------------------------------------------------------------------------------

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.

    This is still not a big deal.

    Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?

    Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.

    So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.

    Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.

    If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.

    Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.



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