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  • eilsoe
    02-10 09:26 AM
    how on earth could he have gained 12 votes so fast???

    grr!!!!


    :(


    oh well, it's just a battle :beam:





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  • glus
    06-01 09:53 AM
    Voted YES.





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  • pete
    12-13 04:18 PM
    They have to deal with this or else we are not getting anywhere.
    Peace to you too!





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  • pappu
    03-26 12:47 PM
    I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.

    Thanks from Michigan
    Sanjay or Varsha will get in touch with you.



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  • GCInThisLife
    06-03 11:03 PM
    Yes. misrepresentation is risky and dangerous and no one is asking you to do it. All I am saying is don't submit information that weren't asked and expose yourself. For example if you only need to w2s for 2006 and 2007, don't submit 2004 w2s when you were paid less etc. IOs make the decision with the information provided to them and issue RFE only if the info is not sufficient or require clarification. In fact this is what even UnitedNations wrote in other forms.. i.e. don't pro-actively submit extra documentation.

    Coming to my wifes case, apparently, according to company records she was their employee since the start of H1B approval, but they were reluctant to put her on project and payroll with out SSN. When we mentioned this, the company owner was very cooperative and in fact ready to give us any letter we ask in case of an RFE or any time we request.

    Btw, do you honestly think I (or my attorney/assistent who filled the entire application for us based on the documents 'he asked us to provide' - We just signed it) don't know what you were saying about mis-representation?? Remember, I didn't even know there may be problems with her 485 till I posted on this forum so no question of any deliberate mis-representation. Since our attorney asked for copy of every document 'specifically' as a bulleted list separately for both of us, we assumed that he would point out issues if there were any. :).

    Also, this is exactly what I was saying.. why do come and visit this form, go back and pull my first post and quote on it?? :). If you have a suggestion or solution, please do offer.

    Anyways.. Wish you all the best. I hope your wait would be over soon.

    Most status related issues are wiped off after a travel outside US.

    What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.





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  • willIWill
    11-02 12:40 PM
    WOW...

    In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!



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  • desi3933
    12-22 12:54 PM
    I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.


    My experience has been very good, too.

    I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.


    ________________
    Not a legal advice.





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  • coralfl
    08-22 12:14 PM
    Let us Focus on Rally/ Focus on Local Chapter/Focus raising money; if we want to see any change soon.



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  • gjoe
    08-24 10:30 AM
    I see everyone firing at each other (junior members, members, senior members, moderators and super administrators).
    Here are my two cents to keep yourself calm, composed and dignified
    1) Empathy will win friends and support
    2) Sympathy you will have only when someone is humble and meek
    3) If you lack both the society will ignore you


    PS: In a fight the weak always get support, the big and strong are on their own. if they lose no one to cheer them up nor comforts.

    Ladies and Gentlemen, you are the only one who can make your choice.





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  • helloh1
    01-26 06:17 PM
    hello friends...please be noted that the duration of employment with the company is not mentioned in the clause. Please read it carefully... its says that WHENEVER you leave the company, you will have to pay any training costs that you have availed in previous 12 months.

    So tis means that if I decide to leave the company after 3 yrs of employment with them then also this clause is applicable to me.

    Please advise me....should I sign this contract or not?



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  • bluekayal
    07-13 03:28 PM
    Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.





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  • Mount Soche
    12-18 09:16 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.



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  • humdesi
    12-29 01:55 PM
    As I explained here

    http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26

    AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.

    My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.





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  • logiclife
    04-02 01:53 PM
    Please call up your friends, dust off the old address book, make your friends do the same thing.



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  • cloud 9
    05-31 01:30 PM
    Voted





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  • regacct
    04-22 08:22 AM
    Looks like this Arizona bill has a positive impact .... it has brought the immigration discussion to the forefront ..... and there is talk in the White House, and Congress. Bet the antis didn't think it through while proposing drastic changes :D



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  • abracadabra102
    12-05 06:06 PM
    Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?

    Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.





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  • bidhanc
    03-21 12:19 PM
    Pl respond
    Hi,

    I am from Upstate NY.

    Bidhan





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  • immigrant2007
    07-16 12:57 PM
    Good to know you oppose illegal immigration that is actually destroying American life. My solution to the illegal immigration was same and given months back on this forum. Punish employers harshly with fines (50K per incident) plus 5 years of jail time and put the burden of finding out if person is legal ON the employer. Soon institutions like Equifax/Experian/TransUnion will pop up instead of the current one -EVerify.

    You completely missed the point of immigration and outsourcing. They have NOTHING to do with eachother. Even if they paid me in dollars and gave me a cushy job and paid for every of my expense to run a outsourced part of a company in my home country, I will not go because it's not the money that matters, it the quality of life! I don't want to be driving 1 hour to get 5 miles ahead. I don't want to bribe a peon to get my own birth certificate. I don't want people creating a welcome mat for me on the sidewalk - made not out of rose petals but chewed pan spit.

    I like some of your ideas but won't indudge in any dialogue with you unless you update your profile. the idea of punishing employers is not mine. I read it somewhere in one of the posts on this very site, maybe yours only





    gianik
    05-25 05:01 PM
    Thanks for informative posts. and Thanks specifically for addressing the wages question.
    Another Quebec/Ontirio question.
    Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
    Thank you





    wahwah
    06-05 02:59 PM
    andy garcia,

    its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

    it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

    In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

    The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

    and by the way...here is the Q1, Section 1 page the memo is talking about....

    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it’s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]


    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.



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