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  • Slumdog
    01-16 03:33 PM
    For most of you this country has given everything you ever dreamt of & yes it is only possible in USA in short span of time but I want every member here to ask yourself one question. i.e Do you have peace of mind? I want to share with you half a day of my life as an immigrant here. I guess for some my story is not a big deal & for others they feel they are in my shoes. It�s quite lengthy for half a day story, so please read on if you have patience & time.

    January xx/xx/2009

    It�s 5:10 Am and I had to forcefully get out of my bed after 3 snoozes ( the fact is 4th snooze my wife will kick me out of bed anyways) . While walking out of the bed I was jealous of my wife that she need not get up early & go to work as we recently had a baby & she had to leave the job as she was under contract on EAD & not full time. As soon as I came out of shower I was feeling very fresh , energetic & was already planning my day schedule at work while I was getting ready.

    6:00 AM: I am all dressed up for work & while I am already late for my train & taking quick bites of breakfast , I ran upstairs to my bed room to give a goodbye kiss to my wife & daughter. While kissing my daughter I just wanted to stare at her for some more time but had to leave as I was late. & ran back to garage & started my car & zoooommmmmm. I know the back routes to station & I know police wont catch me even if I am speeding ( I was going 65mph in 30 mph zone ). While I was already half way to station I realized & said to myself NOT AGAIN ( I did not turn off lights in the house & this really pisses of my wife ) I forgot to Switch off in the bath room, upstairs corridor, stiars, main hall, kitchen,. I left lights on literally everywhere including garage except the 3 bed rooms.

    6:20AM : Reached the station, parked the car & while I knew there is only 2 min left before I miss the train , I ran to newspaper walla bought the newspaper & literally ran on escalator & just got in the train & the door closed behind me. I guess this happens atleast 2-3 times a week & hey I think I got used to it.
    Once I am in the train I had relax for 5 min to to take breath from running on escalators & then I read the headlines & said nyah same old stuff which was showed at 9PM news last night & didn�t bother to read any more , I opened up business edition & completed & it was frustrating to see that DOW tumbled gain, forclosure on rise, no hopes for good market in 2009 blah blah blah blah blah & then I closed my eyes & started day dreaming about my daughter, her cute smile & thinking about my upcoming trip to india as it will be the first time I am visiting after my baby was born. Just when I though I was falling into sweet dreams I heard this announcement from train operator � Abhey salla utto , tumahara station aagya, jaakey kuch kaam kar� I will translate this in English for non indians ( good morning ladies & gentlemen you have reached station �xyz� & Thank you for riding with us & we wish to see you again�)

    6:56 Am: As soon as I am out of station the first place I go is starbucks, & get a non fat grande mocha with 2% extra hot no foam with little bit of honey & cinnamon. ( KIDDING , I just take plain regular coffee with room ). The first sip is amazing it feels like first cigg after a bottle of beer & started walking to my office which is very close to station.

    7:00Am: I am in office. Usually it is just me & couple of other guys on the floor at that time. The office was silent & it was open floor plan with flat cubicles & you see the entire floor even if you sit at your desk. Logged into PC & checked my emails & getting prepared for the days work.

    7:10Am: I saw one of the senior manager in office & it is very unusal for him to come so early into the office. While I wished him good morning he didn�t seemed to respond the way he usually does. He then walked up to one of the office colleague in different department next to me & asked him if he could come to his office.

    7:15Am: The guy walks out of the office along with manager with packet in his hand & started packing his stuff right away. I could see that his computer is still logged in & I guess he was not even allowed to log off. The manager stands behind him, occasionally helps him in his packing & walks him out of the door, into the elevator & outside the building. That�s it, my heart started beating heavily, I said to my self �today is the day� . Yes by now you all know what I was talking about !!! LAYOFFS�

    The talks have been going for several days & no one except top senior executives knew who & how many people will be laid off. Everyone I talk to in the company is worried, it did not matter if he was senior, working in company since 10 years, experienced , the best technical guy, the most lovable guy, the CEO�s blue eyed boy, every one & I mean almost everyone is worried about their job. I did not know how I was going to handle even though I was prepared before for the worst. But when the time actually came , it�s different, first time I felt I was weak because of the things below which are going in mind.
    � I bought a house just few months back, although great deal at the time I bought I had to invest 15% down payment & at that time never ever knew that this day would come. I always thought I could resell it but when I contacted my mortgage broker few days back , he told me that market was so slow that I wont be even getting the 15% down payment if I plan to sell now. With most of my hard earned savings in the house I am only left with couple of grand for reserves.
    � The biggest worry I had was 10 days after my daughter was born she was hospitalized for almost a month for complex partial seizures treatment .She has since been in medication & was doing good & slowly outgrowing seizures with occasional episodes. We can�t stop the treatment & thinking of expensive Cobra package & not knowing how many months we will be jobless made me sick.
    � How do I invoke AC21 & how many much should I be paying Lawyers?
    � My upcoming trip to india, we already spend close to 5k for the tickets & cancelling the tickets is impossible due to family reasons. What if I loose a job now & go on trip to india? Can I enter back on Advance parole? What if the port of entry finds out that I lost a job, will be I allowed in when I come back? Will my company cancel current approved I140? & will that lead to I485 cancellations which has been happening recently ??
    � What will happen to my car loans & upcoming car registration, insurance.

    Not that I don�t have any money in reserves but these are very few things I mentioned above that bothered me & list can go on & on. Is it easy pack all the bags & leave everything behind? Yes if you want to & NO if you want to fight, it�s as simple as that & I did not plan to leave. So let�s go back to what happened for the rest of the day & believe me all the above points I mentioned was going in my mind in less than a minute, so now the time is �

    7:16Am: I saw one other manager in the same process in different dept doing the exact same process. Remember, above somewhere I said that it is a open floor plan & everyone can see everything what is happening. Though I am not shaken from outside, inside I feel every inch of it.

    Part II Continuation below.......





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  • smuggymba
    09-10 01:05 PM
    So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.

    The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.





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  • yagw
    07-13 12:03 PM
    yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)

    Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!





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  • chanduv23
    11-11 05:58 PM
    Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.

    And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....


    .

    Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"

    The hope continues :)

    People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments



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  • varshadas
    09-12 10:57 AM
    Ajay, Shekhar, Sanjay where are you guys? I have not heard from you guys for a while. Is anyone of you going to the rally? If not, have you guys been spreading the message within your contacts?





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  • meimmi
    03-09 04:52 PM
    Hi! I am planning to apply EAD on my own as I could no longer afford to pay my expensive lawyer, but there I am not sure how to answer question 13 in the form which says, "Have you ever before applied for employment authorization from USCIS? Since I was and still am on H1, should I answer yes? Please help. Thanks.

    You can e-file(online) for EAD and AP. I applied online and received EAD within 45 days. I had to go to ASC for fingerprinting again though. The answer to that question is No if you are applying for EAD for the first time.



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  • GCwaitforever
    02-22 11:41 AM
    EB-2 India went to unavailable because USCIS stamped 2003/2004 petitions left and right to consume VISA numbers. Then they realized there were bunch of 2001/2002 petitions gathering dust. After no VISA numbers left, they had no option but to move the priority date backwards to make very few petitions current.

    I am betting that they will move the dates forward to 2003 in August or September and process few more EB-2 India petitions. For any forward movement to happen to India EB-2/EB-3, ROW EB-2/EB-3 must become current again. If not, we have to wait till October 2008 for new quota to become effective.





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  • H1bslave
    09-26 09:56 AM
    I think IV core must be taking some action in response to this CNN report. Does anyone know about action from core?



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  • perm2gc
    12-27 12:23 AM
    Here is the link i posted

    http://www.viaindia.com/apps/forums/open.aspx?ID=742957&mid=19





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  • pappu
    01-16 12:10 PM
    I just updated the profile. Could you please confirm?

    Sorry about making a commitment for only @ 20.00.

    Thanks again for all the effort done by IV Core.
    Thanks.
    We confirm your contribution commitment for $20 per month. Each $20 is important for us.



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  • Legal
    07-04 09:17 PM
    Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.

    In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?

    But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?





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  • logiclife
    12-20 07:24 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice

    You are mixing up a lot of things.

    Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.

    The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.

    If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.

    Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.

    So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.

    If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.

    REGARDING RESTAMPING H1 OVERSEAS:

    I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.

    I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.

    Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.



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  • optimist578
    01-31 01:46 PM
    If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?

    What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?





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  • Openarms
    11-10 04:46 PM
    Folks!
    Keep sending letters at least we should reach 500.



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  • varshadas
    02-04 08:04 PM
    Well Bridgewater temple did not allow us to distribute flyers. Its against their policy. All we could do is stick the flyer on the community bulletin board and give it to the manager and the Vice Chariman of the temple. I got the telephone numbers of the Chairman of PR of the temple. I am going to call her tomorrow. Sanjay and Ajay are going to distribute the flyers at Metropark sometime this week. Sanjay is going to follow up futher with EBC. Ajay is going to follow up with the newspapers. Rajeev, did you try to get in touch with your local congressman? If not, please do so asap and keep pursuing until you get a decision from them. This actually goes for everyone of us. Please follow up with the congressmen until you get a decision from them.

    Thanks,
    Varsha





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  • tomchi007
    02-21 05:12 PM
    Pardon my ignorance and pls help me understand, how does PD impact the mass 485 applications sent July/August 2007?
    I thought the PD is only relevant for being able to apply for 485 and didnt matter if your 485 application had been received. Am I wrong?



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  • amitps
    09-26 11:52 AM
    Eilene Zimmerman
    freelance journalist
    v and f: 619.582.2192
    ezimmerman@sbcglobal.net





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  • Legal_In_A_Limbo
    03-10 09:12 AM
    I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.

    Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?





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  • greyhair
    03-12 01:55 PM
    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......


    Your comments are insensitive and rude. For no particular reason you can't resist adding your unproductive post which adds no value to this discussion.

    pappu, Please delete his posts.





    Alabaman
    10-20 09:48 AM
    You all have to look at this strategically. We all know at this stage of the election that Obama will likely win. We also know that congress is currently controlled by Democrats. If we have both congress and white house being controlled by democrats, then it is likely that we will have more things accomplished than if we have one party holding to one and another party holding to the other.

    Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.

    So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf

    What say you??





    feedfront
    10-12 04:19 PM
    Hello!

    I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...

    thecipher5

    Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).

    You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.

    What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.