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images Jill – Demotivational poster priorities demotivational poster. by AFTERGLOW on Mon Oct 25,
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  • modvik
    05-25 12:12 AM
    Thats a great idea. Could one of the moderators please do this. Raise the urgency on this so that some the dormant ones do it as well.





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  • psaxena
    10-07 03:18 PM
    Forget all the middle vendor and lawsuit , nobody will do anything.. In CA if you not aware, there is no legally binding contract that can restrict and employee to work for any employer. Non compete agreements also do not work there, these are just fear tactics. I left my employer and joined the client , and did this 2 times and also that too not even in CA , in other states. Noone did nothing, because it cost time and money and unless there is a 100% chance for the other party to win , they will not get into the lawsuit and stuff as it cost a lot of time and money.

    So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.



    hi ,

    Here is my situation.

    (employer) -> (middle vendor ) -> prime vendor -> (End client ).

    I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .

    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.

    is there any way that he can even do this ?

    - Thanks in advance.





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  • desi3933
    03-13 02:48 PM
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.

    Incorrect!

    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -

    http://www.uscis.gov/files/article/E1eng.pdf

    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.



    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • nixstor
    02-09 07:39 PM
    Congressmen from hi-tech SF and CA.


    That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.

    I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A



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  • myuname
    06-18 11:14 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,





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  • tampacoolie
    06-29 11:01 AM
    My documents will reach attorney on Monday and he promised to file before July4.



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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.





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  • masouds
    08-27 02:40 PM
    What do you guys think about the movement in EB3 ROW cases starting from October 2008?

    Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?

    140000 is the total worker -> immigrant visa numbers.
    28.6% of which goes to EB3, which becomes 40040. That is for everyone: China, India and Rest of us.
    Subtract the 14% of that number (that is the dedicated number for people born in China and India), it will become 34435. That is your theoretical number and includes applicants' wives and children. Now, unused EB1 and EB2 will come down to be used by EB3, so the number may be lower or higher.

    Now there is something I do not understand: (from http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html, September visa bulletin,)

    D. VISA AVAILABILITY FOR OCTOBER

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


    ...

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
    Worldwide Family-sponsored preference limit: 226,000
    Worldwide Employment-based preference limit: 162,704

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.


    WTF?



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  • rtarar
    02-12 07:21 AM
    I am a july 2 nd filer.
    No FP yet.





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  • reddymjm
    12-30 09:52 AM
    http://www.usdoj.gov/oip/foi-act.htm
    you should be able to get a copy of ur i140.



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  • vivid_bharti
    06-19 04:42 PM
    You made a good point...US media highlights issues based on what it likes and presents it to the people the way they want it to be. US hates 'Ahmedinejad' so they are highighting the opponents..as if the opponent would have been any different for the US..US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.

    ...why all the hypocrisy, what for??





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  • nagesh75
    03-17 11:30 AM
    I have received a email from CRIS asking for more evidence on my wife pending 485 application. I guess that is related to the medical. Will I receive the RFE by mail or my lawyer does or both. My GC process is through a lawyer.



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  • desibechara
    08-02 12:15 AM
    depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.

    If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.


    It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....

    Does it matter..Do you think it really matters..

    let me know..otherwise I really have to worry about RFE

    DB





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  • h1bnogc
    08-29 09:12 AM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.

    Immigstories:
    Could you please share your experience at POE? many many thanks



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  • check_rd
    11-06 06:05 PM
    Let me check back on the date i had applied and let u know.





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  • saps
    11-06 03:53 PM
    How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???

    Dear President-Elect Obama,

    Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
    We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.

    1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
    2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
    3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.


    We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.

    Suggestions for relief to immigrant community:
    1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
    2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
    3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
    4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
    5. Allow temp visas for family members who are stuck in lines for Family based immigration.

    Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.

    We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.

    Thank you
    Your supporters
    Legal Immigrant Community



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  • rajmehrotra
    10-16 01:57 PM
    B-1 is a visitor's visa with no immigration intent. H1-B is dual intent. This needs to be figured out on a case-ta-case basis by an experienced attorney.





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  • waitingnwaiting
    09-30 11:08 AM
    Are EB2 Indians Losers and EB3 Indians locusts?

    I found this in Chinese group.
    http://www.mitbbs.com/article_t/EB23/31240163.html

    Copy this URL in any web translation service and you will see.


    Title: initiate talk about 7% - 10%, and recapture of EB2 / 3 CI of letters points: BBS Unnamed Space Station (Sat Sep 25

    7%- 10% 和recapture对EB2/3 CI Gods now put forward two options, initiate talk about 7% - 10%, and recapture of EB2 / 3 CI effect.

    1 7%- 10% 17% - 10%
    This program is not the pie bigger, just change the way the bread. Winner:EB3C; Loser: EB2I Winner: EB3C; Loser: EB2I
    对EB3C明显利好,估计通过的话,2 ,3年EB3C 可能赶上EB2C!!! Significantly positive for EB3C estimated through, 2, 3 EB3C could catch EB2C!!!
    对蝗虫一样的EB3I基本 意义,多1200基本名额杯水车薪。 EB3I on the same basic meaningless locusts, drop in the bucket more than 1200 basic quota.
    对EB2C短期难以预料,长期略有好处。 Difficult to predict on the EB2C short and long-term slight advantage. 这个方案本质上是把全世界剩余名额给中印墨菲三类多给1200个。 The program is essentially the world's remaining three places to give Murphy and India 1200. 因为以前全世界剩余名额全给了中印二类,现在中印二类 少了约5000个! The remaining places in the whole world because in the past to the second category in India, China and India are now two categories for about 5000 less! ! ! ! ! ! ! 。 . 虽然中国二类多了1200基本名额,但由于中印捆绑,EB2C从剩余名额分的 更少了! Although China's 1200 basic quota of more than two categories, but because India bundled, EB2C points from the remaining places for even less! ! ! 长期来讲,经济恢复后,剩余名额会减少很多,EB2C多的1200也许能够补偿从剩余名额少分 的数额。 Long term, economic recovery, the remaining places will reduce a lot, EB2C 1,200 more places may be able to compensate for a smaller share from the remaining amount.
    EB2I, BIG LOSER! EB2I, BIG LOSER! ! ! ,其他国家多的, 是EB2I少的! , Many other countries, is EB2I less! ! ! ! ! ! !


    2 Recapture 2 Recapture
    把饼做大了,对所有的人都有好处。 The pie bigger for all the people are good. 如果把自2000年浪费的名额拿回来,全世界二类、三类都没有排期! If the waste places since 2000 to get back to the world II, III are not waiting! ! ! ! ! 这个方案对EB3I影响最大,因为EB2C/I 还有盼头,EB3I已经在深渊里呆着了! The greatest impact on the EB3I this program, because EB2C / I also rewarding, EB3I has been left alone in the abyss!



    大家可以理解谁在大力鼓动两方案了吧,没有 缘 故的爱,也没有 缘 故的恨啊。 We can understand the two programs who strongly encouraged it, no love for no reason, no reason to hate missed ah.





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  • rheoretro
    09-24 09:33 PM
    Dear Core Team and other Members,

    Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
    He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !...


    You may have googled Rajiv Chandrasekaran, but did you find any articles that he has written on immigration? If so, please share with us...were you aware that there is another journalist from the Washington Post who has done a stellar job of covering legal immigration? Her name is S. Mitra Kalita...please google her too.

    BTW, why just google journalists who are of Indian heritage? I hope this is not an Indo-centric organization...also Rajiv Chandrasekaran is not originally from India, his parents are. I hope that distinction is not lost!





    maximus777
    04-29 09:57 AM
    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)

    From what I understand, GC for MS in STEM is not from a separate pool and it comes from the same EB one. This does not ensure a GC instantly, but will reduce the wait times to manageable levels for the retrogressed countries. On the flip side, non retrogressed countries too will experience wait times which they are not accustomed to so far. So it's a sort of spreading the "love" approach.





    Bpositive
    01-10 10:38 PM
    My wife is planning to travel on AP while H1B is pending administrative processing after a Chennai Consulate interview. We have submitted the required information but she needs to rejoin work and can't wait beyond our existing travel plans.

    Has anyone gone through a similar situation. Should we be having any port of entry concerns?



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