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  • delhiguy
    07-09 02:22 PM
    http://www.ahslaw.com/documents/AHSLawsuit.pdf


    This document gives lot of legal details, states what the lawsuits exactly is..


    P.S : I Think its just filed, not accepted by the court as of now





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  • piyu7444
    01-30 04:15 PM
    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.



    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........

    I am on h1b with employer B.

    Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)

    Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.

    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?

    Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)

    Thanks





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  • msp1976
    04-10 03:14 PM
    Can apply through company A...





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  • priti8888
    02-16 03:13 PM
    What is the % of chinese, Indians in USA ?


    14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)

    I dont know about India and china specifically.

    There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.

    You do the math.

    Not sure if the totals include GC holders



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  • diptam
    06-30 07:24 PM
    So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...

    July bulletin is still C and no one can stop us from Mailing/ Posting !!

    Good Job Diptam !!,

    Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!

    Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!

    -vaishu





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  • delax
    07-22 05:15 PM
    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    Wow! Great Job. I guess I can call you vdlrao2. That means there are around 40k visas available and most should go to EB2-I.......



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  • niklshah
    12-10 11:35 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.



    there u go again... EB3 - EB2 crying continues.....from your post it looks that only EB3 is responsible for no forward movemant of EB2.. cool down dude thats not the only reason... be honest and tell in how many IV campaigns u have participated...? and also how many originally filled EB2 really deserve to file in EB3... I am pharmacist but we are in EB3 eventhough we required Pharm D now to get pharmacist license which is equivalent to phd.. so stop crying and start working on IV campaigns thats the only thing which will help..





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  • go_gc_way
    12-26 12:22 AM
    Give IV a New Year Gift:Post about IV in other Web sites (15 min of your time!!!)

    Hi IV members!

    We are all aware how every IV member is trying to increase IV membership.

    We need all hands and help to make this a success, INCLUDING YOURS and we need it NOW. Following are two important threads to visit in this regard.

    ( IV campaign: $20/member marathon
    http://immigrationvoice.org/forum/showthread.php?t=2630
    IV campaign: Add A Member Campaign
    http://immigrationvoice.org/forum/showthread.php?t=2566 )

    I am starting a new thread to highlight another idea.

    WHAT IS THE NEW IDEA? WHERE EVER POSSIBLE, EVERY MEMBER POST A FREE CLASSIFIED/DISCUSSION THREAD ON A WEB SITE THEY FREQUENT FOR THEIR LOCAL UPDATES IN THEIR LOCAL AREA/ OR ANY OTHER WEB SITE THEY FREQUENT OR KNOW OF AND IT IS POSSIBLE TO POST ABOUT IV.

    WHY IS IT HARD FOR ONE PERSON TO DO IT? FIRST IT IS HARD TO GUESS, WHAT WEB SITES ARE BEST IN YOUR LOCAL AREA/CITY TO POST ABOUT IV. SECOND, WEBSITES MAY REQUIRE REGISTRATION BEFORE POSTING ANY THING ON THEIR WEB SITES. SO IF YOU TAKE TIME (Just 15 minutes!) AND POST ABOUT IV IN THE WEB SITES YOU KNOW OF, IT WILL GREATLY HELP INCREASE IV AWARENESS AND INCREASE IV MEMBERSHIP. AND ALL IT WILL NEED IS 15 MINUTES OF YOUR TIME.

    I suggest the following.

    1. Post about IV in a Web site that you frequent for local ads, local events, local classifieds ect/ OR any other web site that you think best to post about IV (need not be necessarily local web site, an internet group ect)

    Every one of us knows a web site where in local classifieds, ads are given, POST ABOUT IV in those web sites. This is REALLY easy task given 15 minutes of your time.

    2. I have pasted the content below that you can use to post the free classified or start a new discussion thread in a local web site that you know of.

    3. When you have posted the classified or started a thread in your local web sites, POST the details here to keep this thread alive and others take notice and make similar efforts. (It will encourage others).

    IV'ers, lets add ONE classified or discussion thread in a web site that you know of ... Your 15 minutes of time will take us a long way.

    I understand IV members are from different countries and different states, and thus only you will be knowing what sites are best to post a classified/discussion thread.

    Please feel free to write any other suggestions you may have regarding this idea.


    SUGGESTED CONTENT TO POST IN OTHER WEB SITES
    ************************************************** ****

    Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)

    Have you been waiting patiently to get your green card through your employer? Do the following quotes somewhat echo what you are going through? “My labor certification has been pending at the DOL for over 3 years”, “My priority date is Dec. 2003, but it seems like it take 3-4 years before my turn to apply for I-485 comes up”, “I am in my 9th year extension, and unable to accept promotions, or change jobs, because if I do, I will lose my priority date and have to wait another decade for my green card.

    If the above quotes sound familiar, then please know that you are not alone. You are in the company of over � million people stuck in the endless backlogs and bureaucracy. Recent data on backlogs indicates that as of April 2006, 255,000 applications were pending at the DOL – some since 1999. Per latest Ombudsman's report, there are between 170 to 230 K applications pending at the USCIS. Just one glance at the numbers is sure to send shivers down the spines of most individuals who haven’t even entered the green card queue.

    With unbounded passion and a sense of urgency few individuals came together in December 2005 to form Immigration Voice (IV). Immigration Voice’s mission is to resolve this crisis facing numerous highly skilled, and highly educated individuals and make lawmakers aware of the issues that have adversely affected the quality of life for our members.

    Immigration Voice has successfully lobbied Congress to enact sensible legislation that will clear backlogs, reduce wait time, and improve the quality of life of individuals. Immigration Voice has played a key role in the following very positive changes: (1) Removal of 10 % hard country quota from Comprehensive Immigration Reform legislation. We made lawmakers aware of this issue so it will never arise again. (2) Inclusion of Immigration Voice’s goals in the bipartisan Managers' amendment to CIR viz, (i) I-485 filing without visa number availability, (ii) 3 year H-1B and EAD/Advance Parole extensions for green card applicants, and, (iii) Generalization of Science-Technology-Engineering-Mathematics (STEM) exemptions to more applicants. This item also greatly serves the national interests of the US.

    Immigration Voice has also raised awareness about backlogs and bottlenecks in the legal immigration process through an aggressive publicity campaign in the print and broadcast media (Washington Post, Roll Call, WSJ, MSNBC, amongst many others). You can check them out here. Immigration Voice core members continually engage the media on a regular basis to raise awareness.

    Immigration Voice works closely with Quinn Gillespie and Associates (QGA) to generate awareness amongst lawmakers of our cause and to create bipartisan support for it, but we need a significant membership base as well as a tremendous financial muscle. The lobby opposed to legal immigration is very strong, and has extensive reach on the Hill. We need to raise funds with great urgency and vigor to keep up the struggle and strengthen our partnership with QGA, without whom our success is limited.

    All members of Immigration Voice are bonded by the same problems arising from the backlogs in legal immigration. The unwavering and unfaltering commitment of the Immigration Voice core team, and the support shown by our members, both monetary and in spirit, has propelled Immigration Voice to succeed and hardened the core team’s resolve to continue this work until our goals are achieved.

    Immigration Voice’s membership has grown to more than 8000 members in about 7-8 months, but this number pales in comparison to the half million people currently in some stage of their green card process. We urge you to join us and become a member of Immigration Voice. You will receive regular updates and inside news of several activities that Immigration Voice is undertaking in Washington DC. Moreover, you will get the satisfaction of being part of this important effort, which has a good chance of succeeding, and be able to share your worries as well as get solutions to your personal queries through our free ask-a-lawyer conference calls.

    Please visit www.ImmigrationVoice.org and see first-hand the enthusiasm and energy of our existing members who are contributing their time and resources to a very important cause. We are sure you will join us.

    Thank you,

    Immigration Voice Team

    Immigration voice is a non-profit 501 (c) (4) organization. All of Immigration Voice’s financial transactions will be audited by a CPA, submitted to the IRS.





    ************************************************** ****


    Based on the suggestions from perm2gc, I am temporarily changing the thread to "Give IV a New Gift". It was "Post about IV in other Web sites( Need 15 min of your time!!!) "

    perm2gc
    Senior Member Join Date: May 2006
    Posts: 387


    Give IV a New Year Gift

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

    Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
    __________________
    Remember, remember always, that all of Americans... are descended from immigrants and revolutionists



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  • mbawa2574
    02-18 06:19 PM
    Sorry guys, I misread somewhere.:D

    What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.

    Whenever you talk with any politician , illegal immigration pops in. They just love it...

    I am not sure any of these people understand immigration laws.

    Hmm Is this different from India or any other country ? ...no

    Politician preach what majority vote bank likes...I have no hopes from this anti-business, anti-innovation congress and an inexperienced President. When they started their gig with voting against Skilled Immigrants, I am not sure what else is coming.

    On the other hand- Watch out Obama's economic recovery plans, they punish every person who is successful by virtue of his hardwork and will add debt on US books.. I am sure Obama would be driving out innovation from this country by joining hands with Anti-Captalist and Anti-business lobby.





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  • saimrathi
    07-05 02:05 PM
    Damn straight, I am one of the free riders.. But I contribute back by doing the work... I have emailed and called media personnel, office bearers etc.. why should I pay on top of that?? When I make the calls, write the emails, I dont think I will be singled out and the only person to benefit out of it...

    Once again, please focus on the issues at hand, once the VB fiasco has died down, we will have a lot of time on our hands to work out payments on the site...

    My checking this thread is probably bumping it up, so i'm not coming back here.. dont bother to reply, i dont subscribe to the threads..



    Sai,

    I DO THAT PART. PLEASE DO NOT MAKE ANY ASSUMPTIONS. IF YOU ARE NOT ONE OF THE FREE RIDERS HERE THEN YOU WON'T BE BOTHERED BY DISCUSSION HERE. PLEASE EXCUSE ME FOR BEING RUDE ... YOU KNOW YOU REAP WHAT YOU SOW :(



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  • priderock
    06-22 04:39 PM
    And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.

    Can you please point me to a link where USCIS asking for a color copy of DL and Passport? My lawyer did not even ask for copy of the DL and B/W copy of the passport was good enough.





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  • Googler
    05-20 09:53 PM
    I had scanned a copy of DHS 7001 and emailed to Ombudsman last Wednesday (special thanks to Googler for all his informative messages). Also, when I spoke to TSC IO three weeks ago, the IO mentioned that they will email the 485 team based on my case details....not sure what triggered an action to my case....but whatever it was....I'm glad it did!! :) Congratulations Harish! Btw, Googler is a her not a his. :)



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  • .soulty
    02-27 07:46 PM
    grinch you can use a shader glow material with the material on the object.. let me try to find a tutorial for something for ya.





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  • logiclife
    12-20 07:14 PM
    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

    Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.

    Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.

    Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.

    If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.



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  • desi3933
    01-30 02:54 PM
    Ok.......

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

    NO. You are not out of status because of AP entry.


    From what I understood it is ok to not be working while on AOS having entered on AP.

    Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.

    Example

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • jamesbond007
    09-11 12:41 PM
    Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.

    Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
    If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.

    I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.

    There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)

    Thanks



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  • delhiguy
    07-04 08:38 PM
    I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.

    Don't see any light at the end of the tunnel...

    How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.

    Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.





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  • ya3
    03-08 01:07 AM
    hmm... I may join... If I get time. We'll see :D
    Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:

    btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:





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  • ramus
    07-03 03:00 PM
    Thanks.


    Contributed $100.

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    logiclife
    01-30 04:42 PM
    Another thing about your situation.

    I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.

    Use that independence to your advantage.

    If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.





    sri1309
    09-10 06:01 PM
    Its time to ask for our share.
    Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
    We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
    8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
    Core guys.. we need your help

    Sri
    $100 one time.



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