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  • greyhair
    02-12 01:56 PM
    This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.

    What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.

    Does this help? (Again this is my view... don't want to push it onto others)

    I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.





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  • ajthakur
    07-14 07:14 PM
    I left a message for my previous employer. I am not sure whether they will provide this information to me.
    That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.





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  • JalwaeJana
    11-10 10:00 PM
    I agree this is the easiest thing that can be done with out any lobbying effort. Let me know what number to call





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  • pmb76
    07-13 12:00 AM
    People, I think it is best we not doubt the intentions of anybody willing to speak on our behalf. It is a critical hour and we will take all the help we need. Murthy could've just not sent the letter and kept quiet. What would you say to that ? What do you say to other lawyers who have not even done this simple thing of writing a letter to Chertoff ?
    Atleast she's not trying to add millions of hits to her website by writing sensational news every hour, unlike some other lawyers :)
    I think she deserves a "Thank you" for this nice gesture.

    Full Disclosure : My lawyer is not Murthy. I have spoken with her once long time ago and decided not to go with her for other reasons.



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  • logiclife
    12-20 07:24 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice

    You are mixing up a lot of things.

    Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.

    The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.

    If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.

    Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.

    So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.

    If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.

    REGARDING RESTAMPING H1 OVERSEAS:

    I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.

    I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.

    Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.





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  • santb1975
    12-21 01:05 AM
    Thanks for your Inputs Logiclife.

    My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then

    Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.



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  • Jaime
    09-18 09:15 PM
    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck


    I totally agree, even the congressman that addressed us had the two (legal and illegal confused and lumped together) He was great otherwise, but it's just that Congress and Americans are so used to associating the two, or they plain don't know about "legal highly-skilled". A major next step we need to undertake is education! Whenever we've explained the difference to our American friends they wholeheartedly support us!





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  • gsgskms
    03-17 11:23 AM
    EB3 India -
    PD 03/2003
    RD 06/2007 for I-485
    approved LC & I140



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  • desi3933
    01-30 02:43 PM
    I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.

    Please comment.

    You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.

    Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • spicy_guy
    07-27 05:45 PM
    Everest Consulting Group Inc is really good. I know them personally for more than 10 years now & they do what they say and do NOT torture their employees like many other consulting firms. I just got my GC thru them :)

    I hope this helps somebody & please let me know if I can be any further help!

    Thanks.
    Ramesh.

    I just remember. It sounds like an radio ad by a talk radio host, Sean Hennity, Rush limbaugh, etc :D

    "Axis Bank is great. They are the bay are experts. I know them personally. I worked with them for years, etc. etc..." :D :D

    Just kidding...



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  • singhsa3
    03-04 12:16 PM
    Those were different times. Try taking mortgage now on your EAD.
    Here are my particulars:
    Family income: Almost 4-5 times per capital GDP
    Job type: Stable
    Credit score : Excellent
    Highest education: MBA
    Willing to put downpayment: Yes, required 20%
    Mortgage application: Rejected as EAD is valid for only one year.

    Now you tell me what should I do...


    I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.

    In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.

    Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.

    So in June 1999 we purchased a 1,950 sqft house for $280,000.

    In September 2003 we sold that house for $535,000.

    Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.

    I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.

    I’m not looking to brag, I am sharing my experience.

    1 my wife and kids were on H4 they needed a home to be happy in.
    2 it made economic sense to buy
    3 we got the right funding
    4 had we waited for GC we could never have afforded the home we currently live in.

    The timing of immigration approvals had no bearing on whether I decided to purchase property.

    good luck to all





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  • crystal
    07-28 02:02 PM
    Yawn ...
    Adding to the rant ....

    This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...

    my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.



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  • tushar123
    02-13 05:26 PM
    Its funny to see that people call this ethinic cleansing.... it is the right of America to punish people who disobey the law. reservation now in india is a better example which deprives people from certain community to persue higher education or employment in govt jobs.





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  • GCKaIntezar
    01-30 03:15 PM
    See attached. Added my comments. Please feel free to add/modify.

    I suggest that keep it 1 page long only.



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  • perm2gc
    01-17 01:34 PM
    http://groups.yahoo.com/group/immigrationforum/

    http://groups.yahoo.com/group/immigration-usa/





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  • GreenLantern
    02-15 08:49 PM
    :thumb:

    I see said the blind man. I like it.

    I got started on making a subway and gave up, then I thought I would start with something simple so I started modeling a computer case. (clickity click me (http://www.kirupa.com/forum/showthread.php?t=85814))



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  • engineer
    06-12 11:57 AM
    CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.

    I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
    If we couple this with illegals then no body is going to pay attention.





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  • spicy_guy
    07-27 05:45 PM
    Everest Consulting Group Inc is really good. I know them personally for more than 10 years now & they do what they say and do NOT torture their employees like many other consulting firms. I just got my GC thru them :)

    I hope this helps somebody & please let me know if I can be any further help!

    Thanks.
    Ramesh.

    I just remember. It sounds like an radio ad by a talk radio host, Sean Hennity, Rush limbaugh, etc :D

    "Axis Bank is great. They are the bay are experts. I know them personally. I worked with them for years, etc. etc..." :D :D

    Just kidding...





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  • JalwaeJana
    11-12 04:16 PM
    If EB2 I becomes current , who benefits its EB3 I as the spillover will go EB3 India as India is the most retrogressed country. Our effort does not impact ROW EB2 as they are current any way. EB2 China will also benefit as spill over will help them. So supporting quarterly spillover is in EB3 India's. Make EB2 C and all over flow goes to EB3 I. Finally by opposing this it will not help EB3 I any way unless it makes you happy to see everybody suffer as long as you are suffering.





    factoryman
    06-20 06:29 PM
    Download and do it. Your attorney may be asking for that purpose. Only last 5 years.

    Is there any official Period of Stay form or its just a summary statement from us about entry exit from start till now.





    lazycis
    12-20 08:49 PM
    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.

    No worries for you, if you were inadmissible they would not let you back into the country.



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