Tuesday, June 28, 2011

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  • land of dreams
    02-10 08:24 PM
    To the Gurus,

    I have a couple of questions regarding my AC21 portability, please post your thoughts on this
    1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
    2) Can I change multiple jobs??
    3) Has anyone done that??

    Please comment on this.




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  • knnmbd
    05-03 12:39 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.


    GreeNever,
    Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
    With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.

    There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.

    It works for every one so that�s just great.




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  • dtekkedil
    07-05 01:39 PM
    I think you have already decided to send flowers to make more impact change the message from "Get well soon" which I don't think anybody is going to get, send something "You have screwed my life, I hope you have a good day".

    Again people.. please read the previous posts! The flowers should only contain the get well or sympathy messages. The rest will be taken care of in our letter to the media!




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  • anzerraja
    07-20 02:30 AM
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  • knnmbd
    05-03 11:58 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
    The exemption is just to file, the processing will however take what ever the regular processing time would at that point of time. I am sure that there is no provision to expedite the "processing" of I145.




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  • sayantan76
    07-08 03:34 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.

    Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution

    That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.

    I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day

    while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause



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  • gauravsh
    09-10 10:13 AM
    how to get mexican citizenship and come back here on TN visa?




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  • jjava100
    02-14 03:36 PM
    Paypal transaction ID for this payment is: 29093004MH879794R.



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  • like_watching_paint_dry
    12-10 11:51 AM
    Why don't you move back to Britain or whichever country you or your ancestors came from? Also, a lot of wealth in the US has been created by these people who "slam into someone else's country." So your argument has little validity. Maybe I should not be wasting my time in responding to xenophobes.

    Dont waste your breath on these benefit scrounging, trailer trash dwelling, racist redneck xenophobes. He's just concerned he wont be able to buy viagra with your social security and medicare taxes if you stay and happen to depend on them some day.




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  • xyz
    07-10 06:19 PM
    http://in.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2007-07-11T035044Z_01_NOOTR_RTRMDNC_0_India-284101-1.xml



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  • ramus
    06-18 06:52 AM
    How long you guys think it will take to get EAD and AP for June1st fillers..



    me too




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  • arc
    11-21 05:32 PM
    Mehul

    I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.

    - Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees.

    - There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.

    - Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.

    - Life in India will also be less expensive if you decide to live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.

    - I am sure you must have looked into cancer survivor stories, stem cell research, marrow transplant, blood transfusion and treatment options.

    - Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.

    God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.



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  • waitnwatch
    06-26 11:47 AM
    I am sure the democrats can harp on the point that non-passage of CIR means that an effective security component too does not go into effect. Point to note though is how effectively the message is delivered.

    ..... The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. .....




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  • SGP
    11-18 01:56 PM
    "There is no harm in trying. Leave no stone unturned."

    This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.

    I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.

    Can't agree less. We all have one goal. We are all one voice. In my personal opinion, I always try and stay optimistic.



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  • ajaykk
    08-26 11:28 AM
    your spouses will get their EAD approvals in week to 10 days for sure.
    GCCovet

    Thanks gccovet..hope your words turn true soon.

    Thanks Sina, btw..did you or your spouse try calling the Cust. Reps? Just curious. I will try to call them today.




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  • mrajatish
    05-02 11:37 AM
    The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.



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  • beautifulMind
    10-08 05:24 PM
    So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.

    Actually my company went bankrupt and eventually everyone got laidoff...


    I have paid taxes to this country for 9 years now and I deserve a GC.

    We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....

    The process is just screwed up..no other country follows it and it is the same process from last 20 years...




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  • eb3_nepa
    06-26 05:03 PM
    Eb3_Nepa,

    You are quite mistaken if you think I am going to delete your post just because I disagree with you. One of the things that I love most about this country is the Bill of Rights and the First Amendment that protects free speech. I like the idea the everyone can voice their opinions as long as there are no physical threats or intimidation.

    That being said, we run the risk of having a thread venting frustrations against illegals degenerate into an anti-Mexican thread. We have had a lot of publicity, and many reporters etc read our forum to get an idea of what we are about. They can very easily read one frustrated post from an otherwise reasonable member out of context and decide that we are a xenophobic group. I edited one comment from Santosh's post; and deleted a post of Bkam's. Bkam's post, frankly, was offensive.

    As a side note, I have quite the same frustrations against the "perceived" better treatment that illegals get. If you look at our "Parity" memo where we found that undocumented workers can self-petition for green cards and we can't, I co-wrote it. But let us focus on the positives that we bring and move on.

    Stucklabour, make no mistake. I totally respect the fact and the hard work done by the core group (urself included). I also respect the moderation aspect where, targetting any one particular community shud be removed at once. So to that effect i do agree with you removing some of the offensive looking posts.

    However discussions about legals v/s illegals in the past have been simply removed by suggestions such as "they live in far worse conditions" and "do not denigrate any group". In my opinion when you say "denigrate" it is something to the effect of, "get rid of them all". Saying someone broke the law when they actually did, does not constitute "denigration" per se, & i really commend the fact that you did not delete my post. Thanks for the good job that you guys have been doing.




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  • sam_hoosier
    12-17 02:33 PM
    This is personal experience, people may have different view.

    Looking at your post, I couldn't help wondering why you are still here ?




    petepatel
    08-29 05:27 PM
    I140-I485-I765 Filed Concurrently

    My application reached Texas August 10th.

    Check cashed :NO(Checked August 29th)

    Receipts : NO

    Waiting for the EAD as i already had an interview today and i think i m selected.




    tonyHK12
    02-18 06:32 PM
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