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  • pitha
    06-30 09:30 PM
    my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)



    My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
    If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
    Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.





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  • snathan
    04-06 08:23 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:



    hmmm...strange. I heard the same story from my colleague. He said his brother was in airport and one guy who returned from India after vocation asked why he needs the H1B. The IO called his employer/client and asked if he can be replaced by USC/GC holder. The employer responded Yes...So he was sent back...

    Is it just coincident or new kind of rumor...I was thinking it might be possible. Afte reading your post...its confirmed. Its rumor.





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  • amitjoey
    01-18 05:26 PM
    Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)

    Several hundred members ... only about 50 posts !!

    That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.

    Extraordinary effort perm2gc and others, please keep it up !!

    Members , give it a thought ... give a free gift, more the members ...best our efforts.

    Thanks to all of you who are helping with this effort. 57 new members in the last 2 days and another 100 new last week. It has been very effective.





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  • rajuseattle
    07-14 05:31 PM
    ajthakur,

    You should have wait for at least 6 months before switching jobs.

    You can talk to the attorney who can give you some advice on AC-21.

    Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.

    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.

    Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.

    USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.

    Hope this helps...I am not an attorney, but thought my few cents might help you.



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  • wa_Saiprasad
    06-11 08:45 AM
    Done.

    Also urging my friends to email.





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  • designflaw
    04-09 10:59 PM
    ROW moved 2 months, I will take it. If it keeps moving 2 months at a time, then my turn would come up in 3 years. Highly unlikely cause ROW PD per USCIS is expected to be in 2005/2006 by end of year. I think my PR for ROW would be pretty much catching up.



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  • senthil1
    12-20 04:28 PM
    You may be considered as out of status but your situation is much better than Visa overstay. If they send RFE then you may have to give proper reason. There are many people who are not getting paid in Bench but rarely green card was denied. Atleast I did not hear anyone green card was denied because of not receiving any pay.

    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(





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  • santb1975
    12-20 07:14 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



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  • natrajs
    06-06 03:40 PM
    We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

    No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

    Here are our dates for those interested in tracking.

    PD: Jan 29, 2004, EB2
    Ohio labor approved - Oct 2004
    45 day letter - Jan 2005
    Labor approved from Dalla BEC - June 2006
    I I140 regular, non concurrent approved - Sept 2006
    I 485 sent to Nebraska - July 13 2007
    EAD approved - Oct 2007
    I485 approval email - June,06, 2008

    Congrats and Best Wishes





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  • chicago60607
    09-10 05:36 PM
    Hey Yall,

    I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".

    So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.



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  • santa123
    02-24 03:45 PM
    Can an approved I-140 from Company A (future employer) be used to obtain an extension for H1 with company B (Current employer)?
    Pls provide your inputs





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  • gimme_GC2006
    04-06 05:53 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:



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  • Macaca
    09-26 11:46 AM
    I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
    The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!





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  • masouds
    02-15 04:24 PM
    Are you sure this is the reason why they have per country limits :confused:
    Or you dont want that way :D

    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'



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  • srkamath
    07-12 10:31 PM
    Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.

    i guess i read too much into it........





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  • sunty
    11-11 09:37 AM
    vin13,

    This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....

    Anyways, can this still be arranged ? I would love to be a part of that in any possible way. Please let me and all the other members know.



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  • DDD
    02-18 12:14 AM
    every package except LW has a free trial.





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  • EB2_Jun03_dude
    02-22 11:15 AM
    I guess this dude(Greg) does not know @ EB2 India went 'U' even after pushing back Jan 2000.

    I asked Greg Siskind about this. Heres his response:

    "I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."





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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





    NKR
    10-16 05:04 PM
    I think you know pretty well what I am talking about. USCIS has not "reacted" in any malicious way against the immigrant community wrt. to July 07 actions. If you find they have done so they will be severely answerable to various laws in the country. Do you think the lawyers will keep quite when they sense blood in the water? There has been no "reaction" by USCIS, except as a figment of imagination in the minds of this community.

    What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people�s answers.


    USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues).

    That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.

    Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn�t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.


    PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.

    Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?


    I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??

    Just because I said USCIS is doing something wrong (not following processing order..) doesn�t mean I said that DOS did something right.. you keep assuming things..



    If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.
    Again you are running your imagination wild, who blamed all the other things on USCIS?..


    End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.
    Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching�.





    grinch
    02-16 08:34 PM
    Aw this is so great!

    People are actually participating in this battle!!!


    Well, for all of us not-so-experienced 3d artists, this battle is a very good way to learn many new things and techniques. I mean, I have no idea of winning this battle, but from using what I've learned, and combining new techniques, I'm sure to learn alot.

    A quick question, what are you guys modeling in? nurbs? I'm doing mine all in nurbs, and i'm having a little trouble modeling a nice chair, like the one that eisloe had.
    Not asking for any explanation, but possibly a couple tips for all of us here?

    Thanks guys, I'm working hard on it.



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