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  • Phaedra
    05-30 11:28 PM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    2)How does USCIS actually track who is employed and who is not?

    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?

    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!





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  • tiinap
    02-01 06:33 PM
    I've been trying to research this out of my own curiosity. All candidates speak in rather vague terms at this point in the campaing, but based on the candidates' own websites and media, here's what I've found:

    Let's start with Obama:
    (quotes from his campaign website):
    "Obama believes we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. (:))
    Obama supports a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens. (presumably, that would include us, if we're lucky, can maybe even get in line before the illegals)

    o Fix the Bureaucracy: Obama joined Rep. Luis Gutierrez (D-IL) to introduce the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair. Obama also introduced legislation that passed the Senate to improve the speed and accuracy of FBI background checks. (:))

    "Respect Families: Obama introduced amendments to put greater emphasis on keeping immigrant families together." (Does this include keeping temporary worker families together? :confused:

    "In the most recent immigration debate on the U.S. Senate floor, Obama fought to improve and pass a comprehensive bill. Obama introduced amendments to put greater emphasis on keeping immigrant families together and to revisit a controversial new points system that never received a proper public hearing. Obama will continue to work for a comprehensive bill that fixes our broken immigration system." ( :))

    BUT... Here is what Obama said on the Senate floor in June 2007 when the subject of points-based immigration system came up:
    "�For decades, American citizens and legal permanent residents have been able to sponsor their family members for entry into our country. For decades, American businesses have been able to sponsor valued employees. The bill before us changes a policy that, while imperfect, has worked well and will replace it with a new, untested, unexamined system to provide visas to immigrants who look good on paper, but who may not have any familial or economic ties to our country.�

    "..they support the amendment because the new points system shifts us too far away from the value we place on family ties and moves us toward a class-based immigration system.."

    �Our current immigration system delivers the lion�s share of green cards � about 63% -- to family members of Americans and legal permanent residents, while roughly 16% of visas are allocated to employment-based categories. The bill before us would reduce visas allocated to the family system in order to dramatically increase the proportion of visas distributed based on economic �points.� Once implemented, these new economic points visas would then account for about 40% of all visas, while family visas would account for less than half of all visas, with the remainder going for humanitarian purposes.�

    First of all, believes the current system has worked "well"! :D
    Wants to see a continuation of the system where family-based immigration is given priority :mad:
    Seems to be glad that only 16% of GC go to EB :mad:
    Laments the fact that 40% may go to educated immigrants under the points system. :mad: More educated immigrants, oh the horror!

    Votes: Voted in favor of amendment to cut proposed guestworker program in half in 2007 :mad:

    He's making some vague but good promises about fixing the system, and seems to be aware key issues like FBI namechecks. But the track record of what he has done in the Senate is pretty horrible. The points system would have given a huge advantage to anyone working in the US currently and Obama played a big role in taking that off the agenda.





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  • prom2
    07-22 12:03 AM
    You are saying as if one has a choice.
    If you file before August 17 then you have to pay the old fee. If you apply after August 17....

    This is correct





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  • crystal
    07-04 10:09 PM
    Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.



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  • gkdgopi
    08-30 05:01 PM
    Congratulations! Enjoy the moment.





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  • peer123
    04-17 09:19 AM
    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.



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  • austingc
    08-06 03:28 PM
    Folks, Let us not use this forum for non-immigration matters.
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.





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  • somegchuh
    10-27 11:36 AM
    My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.



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  • rahulpaper
    09-06 12:48 PM
    Did you travel out of US while you were on F1 and your AOS was in process?
    If yes...did you use AP to re-enter?
    If yes...did you still maintain your F1 status?

    Thanks in advance for your reply.



    Received card production ordered email today!!!

    For all those whose spouses are in F1 status do not worry

    I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.

    Graduated but did not apply for OPT and started using 485-EAD to work.

    Well... one more thing our lawyer forgot to include our BC while applying.
    Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.

    I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...

    I am happy to tell...do not worry if you are on F1 and
    do not travel on F1 visa
    Do not apply for OPT ( my limited knowledge advice)
    Your lawyer knows the best!

    Regarding LUDs:
    If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...

    I am planning on attending the Rally to show my support to 1V

    I hope 2007 will be lucky to every one

    Believ me journey through 485 process is nerve-wracking...
    Just think if it really makes a difference think about it ...no
    Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh

    All the Best:o
    EB3
    PD : July 2004
    RD : March 2005
    VSC--> TSC : Mar 2007
    LUDs on 485 : July 29, Sep3rd 4th
    and card production ordered on 5th





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  • fromnaija
    01-13 10:58 AM
    Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:

    Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!



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  • apb
    07-17 10:23 PM
    The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).

    Please note that fee change will be effective for EAD/AP after July/30





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  • ahnewGC
    07-25 12:19 PM
    Hi,

    may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.

    my parents name, date of birth ,date of place are there in the birth certificate.

    filed I485 in late june. I guess they might send RFE.
    Thank u

    regards
    ahnewgc



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  • dce.deepak
    09-18 05:44 PM
    its not 800,000 its around 190,000 for all EB1,2,3
    look at here May 2010 data
    USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)

    Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?





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  • ufo2002
    05-11 07:43 PM
    Correct me if I am wrong but isn't that Roberto guy in the program an illegal who used 245i to get his GC? Sounds like he got his GC long before this retrogression hit, so did he skip LCA phase and went straight into 140/485?



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  • kriskris
    04-17 12:29 PM
    As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
    Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?





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  • Robert Kumar
    01-02 11:25 AM
    Hi,

    Here is a question.
    Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
    I can see more scope in my company if I have an MBA. Also company is not doing very well.
    So, can I join a school till I get my MBA.
    How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.

    Thank You,
    Bobby.



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  • chanduv23
    11-06 09:36 PM
    A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community





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  • deepakjain
    01-21 03:25 PM
    I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.

    I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.

    I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
    submitting my passport I got it back with visa stamped on it.

    Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.

    Regards,
    Deepak

    Folks:

    I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:

    1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
    2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification

    I also read somewhere that there is a way to get PIMS verification done while in US.

    I will appreciate your responses.





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  • rahulpatel
    08-14 04:26 PM
    Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
    The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
    I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????





    stuckinretro
    10-28 11:22 AM
    One more Diwali passes by with no day light in sight!

    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.





    mohitb272
    12-10 07:17 PM
    in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...

    Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.