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  • conchshell
    04-23 04:50 PM
    ^^^^

    With a few bills introduced or in the works, isn't it the time now to act and bring about awareness to our problems? I know IV has been working through state chapters. We can supplement those efforts with other means such as those suggested in this thread. We need to create an uproar about the hopeless situation and endless wait times due to retrogression, backlogs, and bureaucracy. I am not suggesting anything drastic. Just some peaceful ways that won't offend anybody to draw attention to the forgotten issues of EB immigrants.

    I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.

    It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"





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  • h1techSlave
    03-10 08:43 PM
    Sure, your point is very much valid. What I understand from the Freakenomics experiment and EB3I behavior with respect to IV is that only a few folks have the perseverance to go all the way from D to B.

    Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).

    Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.

    Interesting experiment, and I can see that is how human beings respond sometimes.

    However we are guaranteed something in return when we TRY to do what we believe in, regardless of the odds as we see them: the satisfaction of DOING something about it, and a real shot at getting what we want.

    Easy to try it. Pick anything, literally anything about your life you want to change (from changing your job to losing weight to calling up your parents more frequently).

    Then WITHOUT THE FEAR OF FAILURE, do something about it. It will either work out, which will be terrific. Or it won't... maybe you don't success at that job interview after all, or you still put on weight. Even then, the satisfaction that comes from having TRIED is yours to keep! (Personally, I have found this to be more motivating for trying those things again, as opposed to the hopelessness that results from not trying and then seeing things not improve.) And of course, since failure is only one of two possibilities that there can be, you do succeed 50% of the times that you try honestly!

    In case of IV's efforts including the upcoming Advocacy Day, that is exactly how I feel.





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  • mps
    07-08 02:11 PM
    I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.

    I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.


    One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.





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  • belmontboy
    04-21 02:29 PM
    I heard famous indian crab stroy....are you that crab.

    Please be positive. Please support our request.

    US is a great country. Always value human values more than any other country.

    I love US. That is why i am here.

    Whoa, the same old crab story is back.

    You sound like someone who knows the proceedings here very well.
    New members wouldnot know the crab story

    Did you create a new ID for having fun??



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  • logiclife
    02-01 02:16 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

    --------------------------------------------------------------------------------

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.

    This is still not a big deal.

    Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?

    Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.

    So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.

    Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.

    If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.

    Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.





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  • trueguy
    08-19 07:24 PM
    Who is your local Senator?

    I am from Minnesota and senators are Norm Coleman and Amy Klobuchar. The reply I got was from Amy Klobuchar.



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  • yadav
    11-07 04:32 PM
    Well in that case you "may" get caught by IRS (if they audit ). But in case of wire transfer you can prove that the money came from India in which there would not be any tax liability.

    In one trip if you bring in 10K or less than customs has nothing to do with it and as far as IRS goes

    then your mother can gift you 12 K$ in a year and 12K$ your father can gift and that amount is considered as tax exempt, if you are married then same applies to your inlaws they can also give you total 24K$ (12 each)

    so the total comes out to be 48K and then this same thing can be done with your wife so in 1 year you can get 96K dollars as a gift from your parents and inlaws TAX EXEMPT





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  • mhtanim
    10-25 10:11 PM
    Are you serious lawyers suggesting to return GC?

    I think there was one case that I saw at Murthy web site where the guy went backhome and got married. Came back and found that his green card was approved while he was in his home country and before the wedding took place. Interesting part was that his PD was not current at that time. Because of the situation, he couldn't bring in his wife in H4 anymore.

    The lawyer recommended him to return his GC as it was mistakenly issued by USCIS. Lawyer had to deal with USCIS and returned the GC.



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  • rangaswamy
    08-11 01:15 PM
    Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.

    Sucks! i missed the cutoff by a week





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  • NNReddy
    09-15 03:21 PM
    My kids didn' go to day care until they are 1.5 years old, then they want to babysitter , they started going to day care after 2.5 years. Day care is right place for kids after 2 years, because they need other kids to play, staying home is boring for them. I have personally experienced this.



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  • tooclose
    08-12 01:27 PM
    ... Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06 ...

    tooclose -

    Can you post the link to the page on the USCIS site which says so?

    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf





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  • a_yaja
    08-16 08:21 AM
    Shirish has a very valid point. I think it should be six months after I-485 application as pointed in AC21.



    I think the 6 months period should be counted fron the RD on the RN for you I-485, else AC21 and this " propoganda" contadict each other.

    If you get your GC with in 6months from the RD then stay untill you finish 6 months (this is very unlikely to happen as it takes lot more than 6 months)

    If you get the GC after 6 months i think you are fine.

    AC21 applies only if your GC has not been approved. You cannont invoke AC21 after your GC has been approved.



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  • permfiling
    12-12 01:43 AM
    All the suggestions are good but think who gets to influence USCIS more ? It is the EMPLOYERS.

    Action Items are:

    1. We let our employers know the current issue
    2. Notify AILA , MEDIA that we are boycotting work or taking leave for a day or a whole week. This is the same day everyone takes leave and notifies the employer that they should do something
    3. Do some rally on the above day.





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  • luckysiri
    04-14 09:45 PM
    Thanks ilikekilo for the information. My husband medical coverage will start on the same day of his joining date. There is no waiting period. We need to find out what kind of healthcare plan they are providing and check whether my hospital and OB is under there network.



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  • meridiani.planum
    01-15 12:57 PM
    my friend, pretty much every place in US in unsafe.

    from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "

    Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.

    yeah.. I was also thinking about this recently. In India if you get into a scrape its a punch (or two, or three) and people part ways. Here its likely (depending on where you are) the other person will draw a gun.

    I tried to apply for a firearm license, but atleast in CA apparently they allow only citizens and permanent residents to apply for one. That sucks. For tax purposes I am a 'permanent resident', but not if I want a firearm to protect my family. The 2nd amendment applies only to citizens!!

    So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)





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  • danielp78
    09-12 09:22 AM
    When does the new fiscal year start?



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  • rsharma
    07-03 01:45 PM
    Thanks lazcis. I would like to know if a person who has H1 valid until jan 1, 2009, files for AOS on oct 5, 2008 and then goes out of the country in Dec 08 and get paroled into the U.S as "AOS" in his/her I-94, using AP. What happens to this person...is he/she still deportable even though that person is now officially on AOS.

    Gurus, please comment as I am sure there are a few of us in this category.

    I am not a lawyer and not a guru. However I am stating my understanding from this new memo.

    Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
    1. End of the date mentioned in the I94 when peroled in to US.
    OR
    2. Decision is made on his/her I485 petition.

    From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.





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  • saimrathi
    07-10 09:25 AM
    Yup, Gandhigiri will work.. We have lots of time in our hands.. British enjoyed their 300 year stay in India.. Lets enjoy our stay in US also.. at the hands of our employers, lawyers etc.. :o

    Lets not hope for results just act. If Gandhi could drive Britishers out of India using this approach, USCIS is also made of human people and sure they will do something to lessen our pains.





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  • H1B-GC
    06-25 09:37 AM
    Do we need to send a Copy of previously approved AP Document along with other Documents for AP Renewal?





    somegchuh
    11-18 02:41 AM
    I just wanted to get this discussion back on track of ppl wanting to be able rise up a little, let their wives work and feel the freedom to make a decision to go back.

    Let me restart the discussion. I know we are all frustrated to the extent that we want to pack up and leave but we have invested too much time to do that. But let's assume things start moving and we get our GC's in a year or so. Having spent so many years waiting to "settle" would you be willing to unsettle your life again and start over in a country that you left more than a decade ago.

    Note that I am not doubting anyone's intention or disrespecting any entry. Just wondering if its the frustation talking or there are ppl who would actually leave?





    gunsnkars
    07-19 02:05 PM
    // you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //

    Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.

    If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.

    What say ???

    "you can apply and get your EAD and use it" what does that mean???your wife can still change her status after coming here on H-4 irrespective of whether you have applied/not applied your 485. EAD is of no use to you coz u r already working...It is only of good use if your wife can work!!!



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