Sunday, June 12, 2011

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  • kevinkris
    05-08 02:43 PM
    05/08/2008: Fashion Model Nonimmigrant Visa Reclassification and Relief Legislation Inching Ahead - 05/08/2008 Mark-Up

    * Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.





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  • techbuyer77
    06-20 11:20 AM
    File i-485 with evl from old employer as future employee. after 180 days invoke ac21 and switch to current (given both jobs are similar in duties and such)





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  • raydhan
    01-31 11:17 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.

    bkam,
    Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".

    If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.

    Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
    Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.

    Think for about 5 minutes before you state certain things and type them here.

    Good luck.





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  • fromnaija
    04-05 05:08 PM
    I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.

    That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

    I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.



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  • willigetagc
    08-14 03:50 PM
    find a new H1 job yesterday!!!! (you should have already found a job).

    Then you can get back all that he owes you regardless of whether he is paid or not..... unless, of course, he declares bankruptcy.... :D





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  • njboy
    06-09 10:12 AM
    Imagine if it takes 3-4 years to process an H1B..the only option we'll have, is to go premium processing. That way, premium processing becomes the rule, not the exception. If they want to be really "capitalistic", they can say, how much is the H1B worker ready to pay out of their salary for the H1? 10,000 dollars a year? Shouldnt they charge us that, if they think they can get away with it? Afterall, its good old capitalism right? Everyone should be concerned about their bottom line..why not the BCIS? Im sure most of these already exploited H1B's will shell out 10K extra per year just to keep their H1's. Does that sound like a good business proposition? It does..to me. Just like people pay extra to get their mail delivered next day Fedex, the BCIS should charge us 1000$ extra if we want the H1B processed in a reasonable time, another $1000.00 to get I-130 processed etc. Why the figure of $1000.00? Was it arrived based on some calculation? Why not..$5000, or even $7000? After all, market pricing should be based on demand supply, and since H1B is marketed as a premium product, this should be reflected in the prices otherwise it will lose its brand image..right?



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  • sledge_hammer
    02-18 12:08 PM
    If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • morchu
    04-23 01:06 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.

    morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.

    yes you can file a complaint against the lawyer and his license will be revoked. See

    http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER

    Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?



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  • softcrowd
    04-23 09:35 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!





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  • optimystic
    04-22 03:51 PM
    That particular date of July 11 at NSC is for EB I-485 !

    Hey that was my hundred...and lo behold I am a senior member now :) ....I was hoping to save my 100th post to share a positive news that I got my GC or something. But it was probably too much to expect I guess :D



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  • chanduv23
    05-13 12:35 PM
    Looks like - they keep pulling up your information using your A number and for some reason they may be relating to your EB2 i 140 even though you have an EB3 i 140.

    We have no clue what happens inside USCIS and how their record retention policy is.

    You must do the following

    (1) Write to Ombudsman - fill out form 7001 and attach all documents, proofs, and clearly explain the issue and hardships you are facing

    (2) Write to both your Senators

    (3) Write to your congressman

    (4) Write to IV also in detail about your case. Don't have to write any private details.





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  • arc
    06-17 04:44 PM
    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:

    You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?



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  • WeShallOvercome
    07-23 04:51 PM
    well if u dont have receipt hance no EAD/AP, you are at their mercy forever.


    not forever !!!!!!

    What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?

    If they could keep us at their mercy FOREVER, what is AC21 for ?





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  • sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).



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  • nogc12
    07-12 02:56 PM
    Another law suit

    http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html





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  • sku
    09-11 04:25 PM
    Just to clarify

    Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.



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  • glosrfc
    01-01 06:42 PM
    Is it just an AS 3.0 competition? Otherwise all of us lowly and impoverished AS 2.0 users will have to sit this one out.





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  • manderson
    07-17 10:43 AM
    if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.

    as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
    - copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
    - substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs

    Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.





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  • rkm
    07-17 06:36 PM
    Me too..

    Thanks again for all the IV support....Great news...

    Thank you very much Pappu, Logic Life and IV core members..

    Your great effort brought us this great news and relief





    suman
    12-17 10:00 AM
    The letter does not say anything. It just says that your I-485 is denied.
    It does not give nay reason. It does not even say to appeal..

    Thanks





    cjagtap
    07-17 07:14 PM
    donation is a good idea..



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