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    number3004-10 10:40 AMFirst of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.

    Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.



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    Prashanthi08-27 02:17 PMMy I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.

    IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.



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    reverendflash10-21 03:54 AMNo, no problem with asking me any question... just beware, I might just answer you! :P

    Nothing sinister... she's still alive, married again... hope she's happy (we've spoken twice in10 years)...

    Right after that I kinda had an epiphany about not liking who I was becoming, and saw it wasn't where she was going, so I left, at about 3:00 in the morning, with her ring in my hand (she threw it at me), and the clothes on my back...

    We will just say my life became much more spiritual from that night on... :cool:

    Rev:elderly:



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    Blog Feeds02-05 06:40 PMAILA Leadership Has Just Posted the Following:



    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:




    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)

    more...


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    Berkeleybee05-31 01:12 PMHow about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !

    Carbon,

    Most companies will not give out such information even to their own employees -- it is considered confidential.

    Here is what my company did -- I drafted an email to my colleagues about IV, and the head of our HR sent a BCC copy to all employees in the green card process. That way employee confidentiality is preserved and the word gets out.

    As far as efforts to grow our membership go -- don't wait for someone to give you the greenlight -- take whatever initiative you can. It is small, step by step, individual grassroots efforts that make a difference.

    If you feel we need to reach out to various groups and communities -- don't wait for someone else to do it -- organize such an effort yourself.

    Thank you all for your support and passion.

    best,
    Berkeleybee



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    pappu07-13 02:38 PMThe Conrad 30 J-1 physician waiver program is good news.

    IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.

    Paskal may have to update the group on the provisions that went into the final amendment.

    more...


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    gc_on_demand05-19 02:45 PMSounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

    bump



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    WillIBLucky06-14 11:22 AMGo ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
    I thought once your EAD gets approved then you H1 Visa is not longer valid.

    You could keep EAD and H1 together active?? Any experts, could you please throw some light?

    more...


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    EndlessWait08-09 10:52 AMForm versions are fine as long as you downloaded from USCIS..cmon guys give urself a break..dont get too nosy about the details... its all fine..u did based on what you were provided with the latest at that moment..that's it..



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    chanduv2303-20 03:39 PMyes, looks like a lot of things are going on. before the bill hits the floor, a lot of workarounds, changes etc..... everything happening in closed doors

    more...


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    abdulazeez7708-11 10:18 AMI think she has an I-797 for herself. Regarding I 539, do we need this? My new H1B will be valid until 2009.



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    immiguy07-18 04:06 PMok- so , I am guessing the consensus is go with the earlier PD (+ EB3).

    Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.

    more...


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    lecterJuly 26th, 2004, 09:13 AMsemi??? ohhhhhhhhhhhhhhhhhhhh!!



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    InTheMoment01-08 02:59 PMIf you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).

    First plan where changing it is priority..something like:

    > Financial (Banks, credit cards, brokers etc.)
    > US Govt Agencies
    Immigration (Since you have applied for AoS, might wait)
    SSN
    IRS (will be changed with a new return)
    Local towns (only if necessary)
    DMV - License
    > Passport
    > Workplace

    then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.

    Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.

    SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.

    The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)

    Good luck !

    more...


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    quizzer11-10 02:22 AMHello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.

    Can you tell me ur dates:
    I140 RD
    RFE received date?
    final approval date?
    Service center?

    Thanks



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    imh1b11-25 12:04 PMNow Do u know who is this with Barack Obama...?

    Guys from Chicago should be able to tell for sure....

    Look here at the link

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    What's the big deal?

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    another_wei05-01 02:07 PMHi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?



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    go_gc_way01-04 04:19 PMSo we are over 8000 strong. Lets target 10,000 by Jan 15?

    Give it a thought, will posting in other web sites help increase membership.

    Here is the link to thread, I had started. Thanks.

    http://immigrationvoice.org/forum/showthread.php?t=2700



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    sbabunle05-05 01:46 PMMy feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
    Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.

    When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.



    db_greencard10-03 12:15 PMwhen you send out your application to USCIS?



    billu05-10 12:26 PMBy all means, I differ from your views, without discussion how we will we know what is going to be in the bill. the proposals are blue print summary of what is in store for a legislative effort. There should be always different viewpoints in a debate. NOBODY is going to have heart attack because of that. And this is not speculation this is actual summary of the proposals.

    But again. IGNORANCE IS BLISS! but sometimes that Bliss make you blush! and it is dangerous sometimes. so go wtih the wind. :):o

    well discussion is always welcome but do you mean that by discussing in the forums, you will have an effect on what will happen to the bill in the senate?i am all for any steps that will have a direct or indirect impact on the future of the bill. but do you really think that by arguing and debating with each other about what should happen will have any impact on the future of the legal immigration??


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