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  • kramesh_babu
    07-27 08:44 PM
    But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!


    Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)





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  • desi3933
    01-30 02:54 PM
    Ok.......

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

    NO. You are not out of status because of AP entry.


    From what I understood it is ok to not be working while on AOS having entered on AP.

    Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.

    Example

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • gc_check
    07-11 02:20 PM
    Would have been better to have option like below, Would have given more precise statistics than with the current option.

    I-485 Applied prior to July and Pending
    I-485 Applied after July or not yet applied.





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  • user1205
    08-15 05:38 PM
    The spill over goes from EB2 ROW to EB3 ROW to EB2 India to EB3 India .. at least that's how some people explained it.

    Also I'm pretty sure country quota of 7% is for all EB categories combined.

    I guess the logic of USCIS is beyond logic and rules.



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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....





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  • kittu1991
    03-17 01:56 PM
    Thanks

    Just commented on it since he has nothing better to do.



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  • tinamatthew
    07-24 01:52 PM
    should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? TINA WROTE: For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter? abhijitp WROTE: I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
    pls find above the answers.

    USCIS has released a press release July 23, 2007. Check QUESTION 13

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





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  • sk2006
    02-27 07:56 PM
    Who still thinks this is a normal depression? I feel like saying "I told you so".

    Noway it is normal..
    When was the last "normal" economic cycle when so many big banks failed...

    Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.

    Citi, BofA,Wells etc are all in trouble..
    Would you believe Citi stock at 3 Bucks?

    And it all started with Housing.

    House prices never go down! Oh yeah.



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  • nyte_crawler
    04-08 11:53 PM
    What was his visa status ?





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  • suriajay12
    03-30 07:47 AM
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?

    Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?



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  • deepimpact
    09-11 01:39 PM
    And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .

    Street Justice ??

    EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
    The EB3-ROW Demand for October 2010 ~ 45K.
    So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
    The total Pending in Aug 2009 was
    EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
    The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
    Demand for EB3 = 136K.
    So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.

    And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.

    I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.





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  • BlueSunD
    02-16 05:56 PM
    count me in too! :) Just started today, but i'll see if I post some wip screens.



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  • sasi1234
    04-10 09:13 AM
    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend

    First of all, I registered, just to reply you.

    Yes, I am an MS student planning to graduate this dec and looking for a job and Yes, I am one of those who is studying in a low profile univ paying $6000 a sem(they dont let me in a state univ. as I have a 3 yr degree even though I have a decent GRE score) and the result - sweeping and mopping the floors for $7 and hr at a Patel Store who cribs to his death.

    I thought, what the hell, I dont have to do this and I quit the $7 job(I hate to call it as part-time job) and now I have $22k to repay.

    Yes, you bet, I am going to fake my resume and get into a job as thats the only option I have. But I know my stuff. I have seen and spoke to people with 6 yrs of *Genuine* experience and I know where I stand.

    Yeah, my first employer is going to have a hard time, but its a matter of couple of months and I'll be on track and I am probably be better than *SOME* of those who have real experience.(I am not saying this out of nothing, I worked in ITES for 4 yrs before I landed in the US and A).

    Bottom line is - Its all struggle for existence. We all(atleast 98%) came here to make money and there are different ways and some ways might hurt somebody- Just cant help. Its all in the game.

    PS: I am going to catch the next flight after I make $22k+flight and charges.
    Then why I came here- Just to get a master's and experience a new(so called) winning society.

    PEACE





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  • vagish
    04-04 03:31 PM
    Solution is :

    1. Reform current H1B procedures so that it cannot be abused.
    2. Make H1b cap market based.
    3. Reform EB based GC process as suggested by Strive Act..


    If only i was president !! :)..
    keep dreaming ,
    1) H1B based on market ( will never happen ) , how ever hiking it to some
    rational number like 100K to 130K is a good possibility.

    2) reform GC process so that after working for 5 years, with one company
    one should be able to get green card without delay, this would be more
    meanigful as it will demonstrate that the poners really has a full time job
    as oppose to somebody just buying green card without ever
    working for a company.

    thanks



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  • singhsa3
    03-04 09:44 AM
    My letter to realtor.org
    ****************************
    Dear Sir/Madam,

    We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.

    We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
    Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
    • Average age: 30-35 years
    • Average years of stay in the USA (all legally): 7 years
    • Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
    • Average Salary: $75K+
    • Average net worth: 100K-400K (mostly liquid)
    • Average occupations: Information technology, Doctors and Financial Analysts
    • Average education level: At least undergraduate
    • Average credit history: Excellent

    Note: If needed, we can cite the source of the information, which is from the government itself.

    As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs

    Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.

    Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.

    We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.

    We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660

    Yours truly,
    Sanjeev Singh





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  • Jaime
    09-10 12:44 PM
    Your children grew up in the U.S. as Americans, and are going to college, but they "age out" and thus become uninelligible to obtain a green card through you! - Your family gets into grave danger of being split up, or else choose to uproot the entire family and take them to your home country, which to them is a strange foreign land where they have no friends.



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  • gcdreamer05
    01-16 03:52 PM
    hey slumdog thanks for sharing your story....

    The same happened to my office, but a different twist, the guy sitting behind me got laid off and no one knew about it, after it had happened and 3 days passed by, i am looking at where is this guy, he used to come at 7 am and be there till 7 pm what happened to him.

    so i went n asked my manager and he said, oh myname, you did not know or what last week we laid off 6 folks in the engineering department.

    I am like what !!!!!!!!!!

    And then i immediately said one thing to him, i have worked for 2 yrs for you and i request just one thing back from you.

    He asked me yes tell me what...

    I told him, if you happen to know that i am going to be on the firing list, just let me know as soon as you know.

    since i got lot of things to do... h1 transfer, health insurance this that...

    He just smiled and said dont worry but if it happens i will let you know.,,,,,





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  • transpass
    07-28 07:12 PM
    beer != toilet seat.
    picture-of-Ganesha != picture-of-your-parents.

    Please dont sensationalize this and try to make it news when it is'nt.
    People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.

    Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.

    Well said...There is no reason to cling onto silly things...





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  • sroyc
    07-11 04:14 PM
    I posted this in another thread.

    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.





    Jaime
    09-11 03:38 PM
    If people were looking for yet another reason to attend the rally, here it is! If you are EB3 your wait just got much longer! We need to get that changed! By going to Washington!!!





    senthil1
    02-04 12:58 PM
    Most of your points are ok. But someone has to arrive with a calculation that how much improvement will EB3 get. If it is atleast 2 years then the time and money spent may be Ok. I am sure EB2 will get a very big benefit and I doubt EB3 will get much benefit. My assumption may be wrong. If it is ok even for small benefit we can go ahead with this campaign as the main aim is to remove unfairness in law.

    I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.



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