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  • singhsa3
    03-03 06:19 PM
    Hold on..
    Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.


    The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.


    thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.

    This is not extrapolation, its a joke.

    For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.





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  • DallasBlue
    09-11 10:29 PM
    The Govenors are on our side! There's thousands of us with may reasons why to attend, but here's a very important one:

    This is for YOU! Only for YOU! YOU deserve this! That's why we want to see YOU in Washington! Help yourself!!! YOU have earned the right!!!!

    Thank you Governor(s)!!

    Congressmen/Senators please do what the nation's leaders are are asking you for a long time.

    Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?





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  • perm2gc
    12-27 05:38 PM
    /\/\/\/\





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  • nixstor
    10-15 08:20 PM
    Do not forget to notarize your request. It prevents a frivolous rejection



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  • indio0617
    02-15 01:06 PM
    Berkeleybee,


    Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.

    Thanks.

    You are probably aware of these and have already tried it.

    1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.

    2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.

    FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.





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  • vin13
    11-12 03:26 PM
    Guys

    So are we having a conference call or have we decided that we should individually write letter that has already been drafted.

    Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.

    I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.



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  • Ramba
    07-14 10:02 PM
    --
    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

    Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.





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  • unitednations
    12-21 10:52 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.



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  • injrav
    03-12 11:06 AM
    I support this.

    I think its good idea





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  • chanduv23
    01-30 09:08 PM
    Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.

    Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.

    Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.

    Your case is defferent and you not recieving pay check during summer is not bench.

    Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...



    I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?

    Is it possible to take unpaid leave every year?

    In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.



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  • nozerd
    12-27 02:07 PM
    INFO PROVIDED FOR UK IS INCORRECT.

    Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.

    We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.


    Austria
    Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
    http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text

    Address / Contact numbers in USA
    Austrian Consulate General
    31 East 69th Street
    New York, NY 10021
    Tel: +1 (212) 737 6400
    Fax:+1 (212) 585 1992
    E-mail: info@austria-ny.org
    Public hours: Mo - Fr 9:00 am - 12:00 noon

    Kuwait

    US Passport Holders: Not required
    Indian Passport Holders: Not required
    For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.

    Address / Contact numbers in USA
    Kuwait Information Office
    2600 Virginia Ave, NW, Suite 404
    Washington, D.C. 20037
    Phone: 202-338-0211
    Fax: 202-338-0957
    Email:questions@kuwait-info.org


    Netherlands

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    Address / Contact numbers in US
    There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp

    UK

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    YOU ARE EXEMPT IF::

    You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
    You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
    You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
    You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
    You have a valid US Immigrant Visa packet (form 155A / 155B); or
    You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
    You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
    You have a valid common format Category D visa issued by EU/EEA member states; or
    You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
    You hold a diplomatic or a service passport issued by the People's Republic of China; or
    You hold a diplomatic or an official passport issued by the government of India; or
    You hold a diplomatic or an official passport issued by the government of Vietnam.

    Note :
    Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
    Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.


    There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.

    For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.

    http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313

    This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.britainusa.com/consular/locate.asp

    Switzerland

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.

    www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html




    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.





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  • ryan
    08-21 12:12 PM
    I did not marry the man I was engaged to. .

    Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.



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  • Jaime
    09-10 12:23 PM
    You pay your taxes, abide by the law, follow all rules - And yet you are discriminated against with per country caps and with most immigrant visas going to the unlimited family members joining former illegal aliens in the U.S.





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  • franklin
    09-19 11:40 PM
    Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.

    It makes no sense to through that away



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  • reachneel
    07-12 05:29 PM
    Yup in the same boat :D, hopefully we will cross the gate this time





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  • anilsal
    12-10 09:48 AM
    A movement of 15 days in EB3-I is a good movement. Big movement in EB3 without law change is not possible.

    You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.



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  • BharatPremi
    07-10 12:22 AM
    very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:

    Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.





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  • abhijitp
    07-23 08:07 PM
    Employer is happy to give

    I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.





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  • LondonTown
    09-01 08:05 AM
    I am doing my online MBA right now , if you need more info Private message me.

    Are you doing from Aspen?





    logiclife
    01-30 01:07 PM
    Unpaid bench means you are "Out of Status". Not illegal.

    When you are present in the country after your I-94 has expired, then you are illegal.

    There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

    Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

    If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

    About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.





    decipher
    04-23 04:16 PM
    To be fair, inability to get educated (linked to career progression) deserves some attention.

    I was in gautamagg's situation earlier (I am still kind of ). I believe there are several others in the same situation. GC delay is an serious hindrance when age is a factor for getting education. However, there are alternatives - part-time education and studying in another country. Have friends who have taken both the approaches. You can come back to the U.S (if you really need to) after your education/experience through H1 again.

    As far as the U.S loosing talent, U.S legislators/administrators are the ones who should be worried and try to stop it. The coveted trying to convince them seems contradictory and doesn't gel well.

    Personally, I think expecting a quick solution for the mired immigration issue to get an education is expecting a little too much when there are alternatives. This is a wrong forum to do it too.



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