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  • wahwah
    06-06 10:57 AM
    i think what you're saying is not just a plausible but most likely scenario.
    i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.

    so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.

    Going back to the supplemental AC21 memo:

    Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.

    And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".

    Do you think this is a plausible scenario?





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  • dineshksharma
    07-14 01:41 PM
    Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.

    Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.

    When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.

    Thanks buddy.

    When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, cancelled by previous visas. I never asked them to withdraw my H1 application.





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  • chanduv23
    08-12 08:52 AM
    My Job duties on labor says
    "Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
    The title in labor is "Software Engineer"
    Now the new job offer has title as "Lead Developer"
    and duties are
    "The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
    Can somebody comment on this in context of same / similar job?

    It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.

    I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
    15-1031.00 has a lot of titles that any software person can fit in.

    Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"

    Fellow IVans - please comment if this is fine?





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  • antony
    03-26 07:18 PM
    Things are getting worse day by day....I wonder when are they going to start treating us as fugitives



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  • h1techSlave
    06-24 12:57 PM
    Right now with the unemployment at > 10%, immigration reform is a tough sell.

    For the average joe, an immigrant is a job stealer; despite the evidence that immigration creates new jobs.

    So I wouldn't pin my hopes on any immigration reforms, until the unemployment is below 7% or so.

    If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.

    IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.





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  • senthil1
    08-08 12:13 PM
    This situation may happen for many people. Now EB2 persons need to prepare for this situation because of PD movement. Also EB3 people also need to prepare for this situation in case recapture bill is passed. For chances of passing recapture bill is 50% and if it is passed it will be swift and fast.



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  • svam77
    08-10 01:01 PM
    And on the top nothing is justified .....

    only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.

    Why dont u show ur frustration there ??

    And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......

    And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor

    And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........

    And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....

    The whole GC thing is a broken process ....... Just leave this topic here
    and it would be good if the moderator closes this thread ......





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  • gk_2000
    05-12 03:38 PM
    Let's hope for a speedy death for this abomination ... speedy death means issue over before elections/voting



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  • seetheavatar
    12-21 12:23 PM
    Yes all the above/below said happened to a foreign citizen(you) not to their own citizens when they apply for passport renewal.

    But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.


    The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.

    I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.

    Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.

    Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.

    I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.

    So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.

    Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.





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  • kumar1
    01-04 01:21 PM
    You can bring UP TO 4 spouses on H4 visa. That's why it is called H4. Similarly on F2, you can only bring 2 spouses, Ah...students do not make that kind of money to support more than 2 spouses. USCIS thinks so much about us.

    I am just talking out of my A**.



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  • Macaca
    08-31 09:06 PM
    I cant seem to open the article. Are others having the same problem?
    Yes, it does not work sometime. Keep trying!

    I have posted the article in News Article thread





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  • JunRN
    08-22 08:57 PM
    Factors you forgot to consider:

    1. EB1 and EB2 applicants this July and Aug. ate up the numbers that were made available to EB3 last June 2007.

    2. EB3 Visa number is just very few, around 800 per month per PICM country.



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  • bbct
    04-22 11:00 AM
    I copied your content to post on the whitehouse.gov website. Thank you.

    Emailed the same also to my local Congresswomen.

    Posted the letter to whitehouse address with the following contents:

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and illogical. I came to the US with the belief that this country is a meritocracy where you are judged based on your abilities and qualities. These country based quotas judge people based on their place of birth. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a fraction of that time. Lack of permanent residency has made me hesitant to buy a house or to do any long term investments in US and I want to get out of this limbo at the earliest.

    My requests to you are:
    1. Eliminate country level quota on Green Cards (to reduce the backlog of permanent resident applicants)
    2. Recapture unused permanent visa numbers from the past (to allow USCIS to issue permanent visas to eligible applicants whose applications have been processed and pre-adjudicated)
    3. Issue 5-year EAD cards (to reduce workload on USCIS of administrative renewals)
    4. Issue 5-year Advanced Parole document (to allow people like me stuck in the backlog to travel back and forth from USA without having to renew AP every year)

    I believe in President's slogan "Yes, we can!"."





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  • gk_2000
    05-11 04:09 PM
    No IV provision is in the bill.

    For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.

    If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.

    The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.

    Definitely it is time to Unite. If they are doing illegal immigrants legal citizens, why should not legal applied immigrants as Green card holders.

    Do you think we need to start some thing like flower campaign or sending letters to president like that....

    But it is the time to act. Now or Never..........

    Another idea.. (this will require a small bunch of people only)

    Let a group of 10-25 people tie themselves on chainballs and handcuffs (or fetters) and march 1 mile to the USCIS office. Get this event covered by media..
    Hold banners like "Free us", "We want EAD", "i485 NOW" and raise a few slogans

    In addition someone can dress as Uncle Sam and pretend to whip the prisoners..



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  • gc_on_demand
    06-12 02:49 PM
    Guys

    Please call members of congress , local lawmakers and CHC members. These bills should pass before summer or no hope till next year..

    Come on we can do it..





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  • manupushye
    02-02 11:07 PM
    Contact him. he is Texas Senator & very prompt in his replies and quick followup with USCIS.



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  • ashkam
    03-27 10:59 AM
    You still didn't explain how "immigrant status verification is related to homeland security" logically.

    door lock and security are related. How is "immigrant status" and "security" related ? Would you mind explaining it logically ?

    Sure, why not. An immigrant who is not in valid status is one who is legally not allowed to be in the country. Therefore he is a security threat. If somebody who should not be allowed in your house were in your house, you would consider him to be a security threat, wouldn't you? Am I missing something here?





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  • Jaime
    08-31 10:38 PM
    It worked now after 2 days. I think my explorer settings need work. I don't know much about them

    I have never thought about slogans. Will keep that in mind. What is the deadline?

    We need a slogan that mentions H1B's contribution to Social Security. I have not been able to find an article that mentions it. There are lot articles that mention undocumented workers contribution in billions. Just imagine how much we must have contributed and NO ONE mentions it

    Macaca, what a great idea! Can you or someone approximate the figure f how much we have cntributed to SS (and better yet, how much would stop going into SS if we all left in a reverse brain drain)

    Also, that phrase is starting to catch on on the media "Reverse Brain Drain" that could be a slogan "Help us Prevent America's 1st Ever Reverse Brain Drain" yet...I wouldn't want it to sound like a threat....





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  • lazycis
    02-28 12:29 PM
    Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

    Please share your thoughts on this.

    No, because those cases are not outside of processing times.





    walking_dude
    11-22 11:02 AM
    - What does corruption-back-home has to do with it? There is a more open political discourse here. We should either participate and let them know what we want, or they will do whatever they want ( like they tried to reduce EB quota to 90,000 in the last CIR).

    - I have been to many lawmaker Offices in Michigan, I have visited several lawmaker offices in DC (both in and out of Michigan). Over that, I went and testified before MI Senate Transportation committee when they were denying Driving Licences to all foreign workers.

    If you think they delayed your EAD for 120 days, why do you think they approved mine in 2 months flat, for full 2 years, even synchronizing the expiry date of the EAD with the validity of the new one (meaning, I didn't lose a single day)? May be they were angry that you weren't trying hard enough? :-)

    They don't control your life dude, unless you let them control it. We won't progress much unless we get over the habit of feeling scared at our own shadows.

    - Who's is talking about the USCIS here? The topic here is approaching the lawmakers. Transparent or not, didn't we convince them to give us 2 year EADs or not? Did you see AILA or Compete America do it for us? No, we did it ourselves as a community.

    - Frankly speaking most Americans support Immigrants. Otherwise why do you think Obama won the election, despite clearly supporting the CIR in public, where as Tom Tancredo couldn't get pass round one of the presidential primaries, and no one even heard about Duncan Hunter another hero of the immigrants.

    I agree, these anti-immigrants are vocal. But they are a minority. What they lack in numbers, they try to make up in decibels (volume). Their intent is to scare immigrants off America by making loud noises, the way KKK tried to scare African-Americans from voting by burning crosses, hanging nooses and such scare tactics.

    - I don't buy your theory that folks here are afraid to march for their rights. In a few more months thousands of "illegal" immigrants will be marching in the streets of DC, risking getting deported if caught. They have done it before, they got Obama elected and they'll march again.

    While legal immigrants lose sleep over getting EAD denied for posting on IV. What kind of a bizzaro world we are living in?

    - I have already made the relevant points. If we are so risk aversive we should have stayed Home, meaning our home countries. Why did we take the risk of our planes getting hit by lightning or sucked into a storm? Or some Immigration or custom officer going crazy and packing us off to Guantanamo Bay?

    A question to all EB immigrants - When will we give up our mental slavery?

    -Many in the immigrant community come from countries where corruption is endemic.

    -USCIS controls our economic freedom, movement, where we work and reside, and if we "rock the boat" our file might be "deep-sixed" and we would have no recourse. Who knows, a petty officer could browse a news group, read this and sick Home land security goons me. I would never know why. We don't all have the resources to hire powerful lawyers and fight for a couple years. Did they take 120 days to renew my EAD because I visited my congressional representative's staff? Maybe.

    -"Transparent" and "accountable" are words not often used to describe USCIS and her parent Homeland Security. But they do have complete authority over our lives. Kafka could write a book! (Oh, he did.)

    -Many Americans are now afraid to join political protests for fear of being arrested and hence losing their job, etc. Why should immigrants be more politically active than Americans? They are publicly targeted by politicians as causing all the problems in the land (Tancredo for example) with out any serious rebuke. In my country Tancredo saying things he's said would have been considered a hate crime.

    -There are many Americans (even level headed ones) that do not believe that immigrants have any right to push for change in US policy. Regardless of whether it is change for the better, and there is no other constituency to demand improvements. The argument goes that regardless of the request, if you don't like it you should go home. (Of course the answer is to flip it and say: should Americans be treated poorly when living in my country? Sheepish looks ensue...)

    -Depending upon your level of risk aversion, it is often rational for the immigrant (who's stay is tenuous) to stay home and be "good" which means pliant.

    In summary, the US scares the freak'n crap out of a lot of people. And so they "behave" as best they can. This should not be a revelation to the staffers.

    I don't agree that we should be pliant. We should be in their face because they deserve it.

    As for me, I've come to the point that I think being kicked out of the US would be like getting fired from a crappy job I didn't have the guts to quit. :D





    unitednations
    03-11 03:28 PM
    It is not so easy to convince Sen Grassley.

    Gotta love this system...

    Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.

    They did not have any legal obligation to answer his query. They answered his questions by non answering it.

    Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.

    uscis/dol start investigatin and denying cases and study it and find fraud.

    now; Grassley is getting his way and starting to change policy.

    Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.

    At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.

    See how Microsoft answered differently when they got the query and compare to these guys.

    This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.



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