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sertasheep

06-17 10:32 AM

http://www.washingtonpost.com/wp-dyn/content/article/2007/06/16/AR2007061601360.html?hpid=topnews

Needless to say, one can register and post their comments there. Feel free to share your stories related to the above article.

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H1B-GC

02-01 08:30 AM

Finally after nine years in US my Green Card is approved.

On this very day in 2001 i was in flight to USA

1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

Thanks

Congrats Buddy!!

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sameer2730

11-15 12:52 PM

You can travel back to USA from CANADA or MEXICO if you have a expired I-94 and a h1B which is valid while you are travelling (Its called Automatic Revalidation) if you are returning within 30 days and have not left the above mentioned countries during that period . I did it. Please do not give over your I-94 at the border or airport if asked. Let them you are returning in 30 days. However make sure you have copies of all your previous H1b and spouses H4b if any. My wife had converted from H4 to H1 3 years ago but has changed a job since. The customs officer at the border wanted to see her previous H1b.

Also you can take an appointment in BAHAMAS. I know a lot of people who got stamps from there. I think but am not sure , you do not need a visitor VISA to bahamas if you are a candian permanant resident.

About the Automatic Visa revalidation mentioned in the first paragragh its very clear and well known law. So 99.99% nothing will go wrong. Just try to travel by road (I have heard airport customs officers are not that familiar). Also travel along a busy border like Rainbow bridge . They know the law more in such places.

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terpcurt

December 25th, 2004, 06:38 AM

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TeddyKoochu

01-06 10:11 AM

Hey Teddy,
During you process for porting from EB3 to EB2 did you:

1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?

Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.

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immigrationvoice1

02-27 01:08 PM

Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.

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glamzon

08-21 11:13 AM

Congrats

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alterego

10-27 12:15 PM

It is precisely this type of ignorance and reluctance to address the real issues by both sides of the issue that makes our predicament so difficult to fix(as with many other policy issues that need fixing in this country). It is an almost insurmountable feat to get the policy makers and even the debaters on this issue to distinguish between the issues of illegal immigration and legal immigration in this country. This obfuscation is not by accident but by clear intent to serve each their specific interests.

Were that not the case, why don't these "we need to stand by the rule of law" enforcement types, call for an improvement in the situation for those "who have followed the law", simply put, it is only convenient for them to say that when they are speaking about the illegals, but alas they are against us legals as well................. so how can they ask anyone to believe that they are anything but anti immigrant period.
The pro immigrant guys blur the distinction specifically because they consider us a sweetener in the deal no less and no more they really don't consider the way we came any better or worse than the way others arrived, it is simply either all or none for them.

A rational policy that the American people can be asked to accept IMHO would involve, strict enforcement both at the border and interior at multiple sites including workplace, policies to alleviate the plight of the legals to demonstrate that way is rewarded and finally a strict case by case evaluation of illegals where some are given amnesty(if they have US children, spouse, lived here over X number of years and can prove it etc) Some will have to be made to have to leave to demonstrate that illegal behavior is not condoned or rewarded, be they Mexicans, Indians or Irish.

Alas, this cannot and will not be done due to the cowardice OF BOTH SIDES of this debate. Cowardice is sadly now changing to outright disdain for immigrants and that is sad in this great country of immigrants. Now the obfuscation will see a backlash emerging against us legals as well.

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Aah_GC

05-30 03:49 PM

Hi gurus, Please advise

I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

I work for company X and have an offer from company Y.

What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?

2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.

Thanks,
Krishna:confused:

Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.

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logiclife

04-15 06:54 PM

I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.

By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

Here is the deal when changing the location while GC is pending:

1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.

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rocky74

07-19 10:39 PM

Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.

Any Guess????

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jgh_res

05-17 10:01 AM

Here is the link:

http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html

Posted article is below. Refer to the highlighted section :

WASHINGTON (CNN) -- President Bush's address from the Oval Office on border security and illegal immigration failed to satisfy either advocates of amnesty or those demanding that the government secure our borders and ports. Whether by design or not, however, the president did manage to advance public awareness of both crises.

The president finally acknowledged the unsustainable social and economic burdens of permitting millions of illegal aliens to forge documents, pressure our public schools and hospitals, and overtax our local and state budgets.

And the president, in asking for more border patrol officers and sending 6,000 National Guardsmen to our southern border to support the Border Patrol, also acknowledged the federal government's utter failure to protect the American people by securing our borders, across which as many as three million illegal aliens enter this country each year.

President Bush's five-point plan began with the words, "First, the United States must secure its borders." But the president did not assign any urgency to the national task of doing so. Deploying as many as 6,000 members of the National Guard to help secure our broken border with Mexico is positive step.

But the president's proposal to place those National Guardsmen in some sort of adjunct support role is peculiar at best, and without question, woefully inadequate. The president sounded as if he were trying to appease Mexico's President Vicente Fox, assuring him we would not militarize the border. If there is to be appeasement at all, that should fall to the Mexican government rather than President Bush.

Not only are millions of illegal aliens entering the United States each year across that border, but so are illegal drugs. More cocaine, heroin, methamphetamine and marijuana flood across the Mexican than from any other place, more than three decades into the war on drugs.

President Bush and all the open borders advocates should be held to account for not doing everything in their power to destroy the drug traffic across our borders, as well as illegal immigration.

If it is necessary to send 20,000 -- 30,000 National Guard troops to the border with Mexico to preserve our national sovereignty and protect the American people from rampant drug trafficking, illegal immigration and the threat of terrorists, than I cannot imagine why this president and this Congress would hesitate to do so.

And how can this president and this Congress begin to rationalize placing immigration reform, which has been neglected since the last amnesty 20 years ago, ahead of national security and the safety of all Americans?

President Bush went on to say that in order to secure our borders we must create a temporary guest worker program. What? Come again, Mr. President. The president knows better, and so do the American people. Control of our borders and ports is necessary to our national security and a temporary worker program is an exploitive luxury for corporate America.

The president also said we need to hold employers who hire illegal aliens accountable, but he failed to say how. What should be the penalties for these illegal employers? How large a fine should they receive? How many years in jail for the executives of such companies?

It would have been inspiring to hear the president say that he and his friend Vicente Fox had discussed illegal immigration and drug trafficking and reached an agreement that both our country's militaries would be used to create a joint border security force, one that working together would ensure the integrity of the Untied States/Mexico border.

Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.

Aside from the fact that both political parties are complicit with corporate America and special interests in placing so-called immigration reform ahead of border and port security speaks volumes about our elected officials' commitment to the national interest and the weight and influence of corporate America over both parties.

Mr. President, I don't think the American people will tolerate this much longer.

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cool_guy_onnet1

06-01 01:56 PM

If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!

i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?

i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?

"Board Members
Kim Berry (Sacramento, CA)
Valerie Chau (San Diego, CA)
John Miano (New Jersey)
Mark Powell (Westminster, CA)
(three openings)
Officers
President: Mr. Kim Berry (Sacramento, CA)
Secretary: (open)
Treasurer: John Miano (New Jersey)
Membership Chairman: Valerie Chau (San Diego, CA)
V.P. Governmental Relations: Mark Powell (Westminster, CA)
Newsletter Editor: Open
Newsletter Coeditor: Open
V.P. Public Relations: Open
V.P. Advertising: Open
Press Releases: Open
Assistant webmaster: Open
(If you would like to contribute to our cause in another way, please contact us.)

The Programmers Guild is incorporated "

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NKR

10-13 03:18 PM

I have ALWAYS gone in T-shirt and Jeans and never had a problem. They dont really care about your appearance, although it is a good idea to dress decently.Go in a Halloween costume. Am just kidding, any decent looking dress would be fine..

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for_ac21iv

06-01 03:21 PM

Hellow Anindya,

Thank you for pointing the petition.

I saw the petition, and I see that there are some 251 signatories.
Whats next with it ? Can we use that to "lobby" ?

Let us all know about it. So we can make it effective.
Keep posting thank you.

regards,

You guys might want to check out my online petition:

http://www.petitiononline.com/legalimm/petition.html

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paskal

12-26 04:24 PM

please mark your pocket pc's or whatever your choice of poison...

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jonty_11

06-16 02:04 PM

Thank you rsdang..

No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!

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pt326bc

09-23 09:19 AM

Man why you need reciepts?

For most purposes of contact with USCIS you don't need the original receipts.
The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.

If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).

I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.

Of course you would have to insist on the original H1B notice if you are going for visa stamping though.

Again this is not legal advice, just my 2 cents as I am not a lawyer.

Regards.

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optimystic

09-21 11:59 PM

Several people have said the need and craving for GC is just in one's state of mind. And that one can do a lot of things without GC, move around freely with EAD+AC21 and that even after getting GC , people who have no drive/vision/talent, will see no sudden change/bright future just because now they have GC in hand.

I agree with all the above arguments.

But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.

While EAD+AC21 gives you a lot of freedom
You still have to worry about
- Timely renewal of EAD
- Timely renewal of AP
- Worry about being hassled when entering via AP.
- Not able to do a second side job
etc
Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.

Thats what GC means to me.

On the other hand...Its just the current state of mind...

You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'

But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).

Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?

You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !

Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)

pappu

01-20 10:53 PM

Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????
yes this will definately help us get many members and help strengthen the organization.
if you are interested in making this effort to contact all US universitiy international grads, contact me.

immi_seeker

07-16 07:46 PM

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