she81
07-18 02:48 PM
Can someone please close this thread. It is really ugly and some people have really gone overboard with their criticisms. Need to introduce some serious ettiquette in this forum.
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htcgdc
05-10 03:04 PM
Congrats! Enjoy the freedon! :-)
grimreaper
05-29 06:04 PM
I have flown only once via AF from Detroit to Blore via paris. Eventhough at Paris I did not have any problem, the flight exp was horrible. The food portions were really small and they did not give any extras. I literally starved till I reached Blr. On my way back, I carried food from home for the flight. I have never traveled on AF since. I think we need to take a pledge not to travel on AF ever. Lufthansa is no better. The Frankfurt terminal for flights to Asian countries is despicable, but on the way back they have fancy lounges.
I am waiting for more flights from Jet and Kingfisher which would make travel more enjoyable.
Air India is variable service sometimes really good and sometimes really bad. But the food is always good.
I am waiting for more flights from Jet and Kingfisher which would make travel more enjoyable.
Air India is variable service sometimes really good and sometimes really bad. But the food is always good.
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indio0617
05-09 12:30 PM
whattodo
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
more...
indiandude
10-19 05:41 PM
Hi eb2_immigrant,
Thank you for your information.
Can anyone share their experience applying PIO in CGI Houston ?
Thanks !
Thank you for your information.
Can anyone share their experience applying PIO in CGI Houston ?
Thanks !
Prasad_FL
05-18 08:20 PM
I just did it. It is very simple and I have informed my friends. Good job Pappu.
more...
desi3933
02-02 12:24 PM
I understand that you guys are frustrated but I did not open this thread to make empty noise. I have written to six different organisations and ACLJ only gave me a reply that they would be unable to process our per courntry quota lawsuit. There are thousands of federal court immigration lawyers in the country who would do this lawsuit albeit with more money than these non profit organisations. If any of you guys want to make a difference in your lives and lives of others pls co-ordinate this event of contacting various immigration lawyers.
Dear XXX:
Thank you for contacting the American Center for Law and Justice (AACLJ@). As you may know, the ACLJ is a not-for-profit organization dedicated to the defense of constitutional liberties secured by law.
Our legal staff has reviewed the information which you provided, and we have determined that the ACLJ is unable to assist you at this time. While we sympathize with your dilemma, unfortunately, this case does not present an issue that the ACLJ can address on your behalf.
We appreciate your inquiry and hope that you will feel free to contact us in the future should the need arise. As for now, please understand that the ACLJ is not representing you in any legal matter.
Sincerely,
AMERICAN CENTER FOR LAW & JUSTICE
Read between the lines and this actually confirms what I am saying all along.
Equal Opportunity Law does not apply to Immigrant Visa allocation. And that's why any legal course does not have any solid base.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Dear XXX:
Thank you for contacting the American Center for Law and Justice (AACLJ@). As you may know, the ACLJ is a not-for-profit organization dedicated to the defense of constitutional liberties secured by law.
Our legal staff has reviewed the information which you provided, and we have determined that the ACLJ is unable to assist you at this time. While we sympathize with your dilemma, unfortunately, this case does not present an issue that the ACLJ can address on your behalf.
We appreciate your inquiry and hope that you will feel free to contact us in the future should the need arise. As for now, please understand that the ACLJ is not representing you in any legal matter.
Sincerely,
AMERICAN CENTER FOR LAW & JUSTICE
Read between the lines and this actually confirms what I am saying all along.
Equal Opportunity Law does not apply to Immigrant Visa allocation. And that's why any legal course does not have any solid base.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
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I_need_GC
06-30 04:41 PM
Are you serious????? Are you sure it is I-485 application? not EAD application or something ?
I am telling you...if your 485 got approved really, you are the luckiest person on this earth....if it is real, Congratulations!!!! enjoy!!! don't worry about why u got it....
No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM
I am telling you...if your 485 got approved really, you are the luckiest person on this earth....if it is real, Congratulations!!!! enjoy!!! don't worry about why u got it....
No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM
more...
Appu
03-17 07:45 PM
Piyushpan, I see this provision as:
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Here's the summary from Sen Frist's website:
Section 405. Student Visas.
Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
candidates studying in the fields of math, engineering, technology or the physical sciences. The
new visa would allow eligible students to either to return to their country of origin or remain in
the United States for up to one year and seek employment in their relevant field of study. Once
such a student received such an offer of employment, the individual would be allowed to adjust
status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
training and scholarships for American workers, while twenty percent of the fee would go
toward fraud prevention.
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Here's the summary from Sen Frist's website:
Section 405. Student Visas.
Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
candidates studying in the fields of math, engineering, technology or the physical sciences. The
new visa would allow eligible students to either to return to their country of origin or remain in
the United States for up to one year and seek employment in their relevant field of study. Once
such a student received such an offer of employment, the individual would be allowed to adjust
status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
training and scholarships for American workers, while twenty percent of the fee would go
toward fraud prevention.
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
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EkAurAaya
03-04 10:14 PM
In my opinion this is ridiculous... it is clear how they don't want to share the information by comming up with this!
I think you should forward this to The President! show him how open his offices are about sharing information under the Freedom of Information Act - i dont see how is this different then pay-per view on cable!
EDIT: F$%&ng ridiculous 5000$ to write a sql query... excuse my language
I think you should forward this to The President! show him how open his offices are about sharing information under the Freedom of Information Act - i dont see how is this different then pay-per view on cable!
EDIT: F$%&ng ridiculous 5000$ to write a sql query... excuse my language
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golgappa
08-20 09:04 PM
Listen my friend I had a similar experience...
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
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saikatmandal
11-15 11:57 AM
But how will the media cover a fast ? The logistics of getting everyone at public venues to fast will be difficult I am sure !
more...
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Dakota Newfie
03-21 04:16 PM
Not entirely correct. When as you say this country treats all Employment based immigrants equally, why set quotas, why distinguish between EB1, EB2 EB3 etc.
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!
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wandmaker
03-21 03:19 PM
Thanks desi3933. That's very comforting!
As I mentioned earlier, it is a simple RFE. In addition, Desi has backedup his suggestion with the proof - Just ask your attorney to respond to the RFE. Post back when you get updates, it will help IV community, who are in similar situation and also the members who do not have a proper understanding of statuses.:D
As I mentioned earlier, it is a simple RFE. In addition, Desi has backedup his suggestion with the proof - Just ask your attorney to respond to the RFE. Post back when you get updates, it will help IV community, who are in similar situation and also the members who do not have a proper understanding of statuses.:D
more...
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bigboy007
09-25 03:38 AM
I agree with concept of sending ac21 letter but there are similar experiences that this letter is ofcourse of hardly any consideration.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
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panky72
09-22 10:48 PM
Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based.
http://shusterman.com/pdf/obama908.pdf
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based.
http://shusterman.com/pdf/obama908.pdf
more...
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sugaur
05-21 06:17 PM
Twenty minutes left...make your donations count for more!
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04-26 11:57 AM
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Will contribute more...
Best of luck
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gconmymind
04-30 12:37 PM
and with all the pledged money at 10K, it should get us past $10.5K. Thanks all.
Ramba
05-06 03:11 PM
As I was explained SSA do not classify Economic Stimumus Package as a Federal Benefit. For them Federal benefit is a recurring payment of certain amount and the Stimulus package is just one off.
Also, we should try and get our message across to IRS about dependents who can not have SSN due to the nature of visas issued (H4). IRS should update their system so that if first person filing the return has valid SSN, payment should be calculated as it would be if everyone has SSN. This would be lot more easy then issuing SSN and then filing 2008 returns with those SSNs.
Any thoughts/ feedback?
Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.
Also, we should try and get our message across to IRS about dependents who can not have SSN due to the nature of visas issued (H4). IRS should update their system so that if first person filing the return has valid SSN, payment should be calculated as it would be if everyone has SSN. This would be lot more easy then issuing SSN and then filing 2008 returns with those SSNs.
Any thoughts/ feedback?
Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.
dixie
02-13 12:04 AM
I posted a reply long ago - it was quite hard-hitting on Berry. It somehow hasn't shown up until now - wonder if the editors "balance" the pro- and anti- immigrant letters :mad:
BTW this Berry guy seems to be in the know of everything happening on this site. I hope at least now those blowhards among us who insist of by-the-minute updates and "where is my 20$" questions appreciate why the core members don't give updates on these forums. If you are so keen on updates, get off your backsides and pick up that darn phone !!!
BTW this Berry guy seems to be in the know of everything happening on this site. I hope at least now those blowhards among us who insist of by-the-minute updates and "where is my 20$" questions appreciate why the core members don't give updates on these forums. If you are so keen on updates, get off your backsides and pick up that darn phone !!!
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