Monday, July 4, 2011

images %IMG_DESC_8% . %IMG_DESC_1%
  • %IMG_DESC_1%


  • simple1
    05-01 03:38 PM
    Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

    There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).

    If our interpretation is correct, how many of you are willing to sue CIS??




    wallpaper %IMG_DESC_1% . %IMG_DESC_2%
  • %IMG_DESC_2%


  • deziliu
    05-02 07:20 PM
    Hi, all:

    I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

    (1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
    (2). EAD card valid until 10/2012.
    (3). H1-B visa valid until 03/2012 through my current employer.

    I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

    So, my questions are:

    (1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
    (2). Is there any problem to new my EAD card since I lost my H1-B visa?
    (3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
    (4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?

    Thanks.

    Bruce




    . %IMG_DESC_3%
  • %IMG_DESC_3%


  • desi3933
    06-28 10:11 PM
    Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
    Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)

    "Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."


    They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?


    As per I-9 form

    The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
    Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


    ___________________
    Not a legal advice




    2011 %IMG_DESC_2% . %IMG_DESC_4%
  • %IMG_DESC_4%


  • ychuck
    05-02 11:45 AM
    Is there any thing on EB numbers and contry limit?



    more...

    . %IMG_DESC_5%
  • %IMG_DESC_5%


  • tonyHK12
    02-17 04:57 PM
    thanks Madhuri, updating total...




    . %IMG_DESC_6%
  • %IMG_DESC_6%


  • ub27
    02-17 10:07 AM
    Donated $50.
    Paypal transaction ID: 4P412963A81144324



    more...

    . %IMG_DESC_7%
  • %IMG_DESC_7%


  • gccovet
    07-29 01:08 PM
    gccovet,

    no idea at all.

    I got another lud today on 765 with another message in mail

    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Card production ordered.

    On July 28, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

    wow... I guess, we can tweak the poetry "...God moves in a mysterious way his wonders to perform...."

    " God and USCIS moves in a mysterious way their wonders to perform..."


    GCCovet




    2010 %IMG_DESC_3% . %IMG_DESC_8%
  • %IMG_DESC_8%


  • laborchic
    07-11 10:11 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.



    This one was the best... Where did this come from??



    more...

    . %IMG_DESC_9%
  • %IMG_DESC_9%


  • eb3_2004
    07-19 09:37 PM
    100$ for this drive....Tell us what to do




    hair %IMG_DESC_4% . %IMG_DESC_10%
  • %IMG_DESC_10%


  • smisachu
    10-08 04:55 PM
    I have the following questions to pick the brains of my fellow IV'ians:

    1. I would like to change careers. Since I can have multiple employments, can I have 1 job which fits the LC job profile and second which is in a new career.
    How I intend to do this is by consulting in the field of my current job (as per LC) and have full time employment in a different career.
    This leads to my second question.

    2. This has been asked before , but I did not see a good answer. Can you consult using 1099 or should you be on the payroll ?

    3. Thirdly, Assuming I have to consult through a consultant and not through 1099;
    I intend to use a consulting company. Since there are no consulting companies or I don't know any, in my current field of work (Automobile engineering) I will have to use a regular(read Desi) consultant. Is there any issue with this as the code for him will be different than the labor code of my present employer. I will put down that I am working as per the same code as my labor, but the employers code will be different. Consulting companies usually get a code which will say " Nature of business: Consulting-All kinds". Will this be sufficient?

    All answers will be greatly appreciated.

    Thanks



    more...

    . %IMG_DESC_11%
  • %IMG_DESC_11%


  • newuser
    11-17 07:44 PM
    Done and sent to friends and colleagues




    hot %IMG_DESC_5% . %IMG_DESC_12%
  • %IMG_DESC_12%


  • sam_hoosier
    12-17 02:33 PM
    This is personal experience, people may have different view.

    Looking at your post, I couldn't help wondering why you are still here ?



    more...

    house %IMG_DESC_17% . %IMG_DESC_13%
  • %IMG_DESC_13%


  • gcForV
    07-09 09:47 PM
    Please do find if U need permission from local law enforcement before holding the protest.




    tattoo %IMG_DESC_6% . %IMG_DESC_14%
  • %IMG_DESC_14%


  • ash0210
    03-09 12:08 PM
    Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...

    Still feels that GC is just a part of journey of my life...

    Ash0210, how come you have been here for 12 years without GC?? Can you tell me?



    more...

    pictures %IMG_DESC_7% . %IMG_DESC_15%
  • %IMG_DESC_15%


  • diptam
    07-04 07:54 PM
    I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.

    Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)

    Which employer would you call better ?? :)


    Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.

    So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".




    dresses %IMG_DESC_12% . %IMG_DESC_16%
  • %IMG_DESC_16%


  • madhuthomas
    08-20 09:49 AM
    I applied my EAD renewal on June 19th and AP on August 1st. Both are approved today(august 20th). The Ead status is Card Production ordered.

    PD- June 2003 EB3-I



    more...

    makeup %IMG_DESC_9% . %IMG_DESC_17%
  • %IMG_DESC_17%


  • nc14
    05-23 08:54 AM
    Just emailed my State Senators (OH) and also the 10 Senators listed by Core Team.

    If it helps, below are the Contact Form for all 10 common Seantors listed by Core Team.

    Also the advise by a fellow member of using Google Autofill was awesome.

    Patrick J. Leahy http://leahy.senate.gov/contact.html
    Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
    Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
    Diane Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
    John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
    Harry Reid http://reid.senate.gov/contact/email_form.cfm
    Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
    Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
    Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
    Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform




    GO IV GO..

    .................................................. ..........................
    $100+$20 recurring + $100 (Yesterday)




    girlfriend %IMG_DESC_14% . %IMG_DESC_18%
  • %IMG_DESC_18%


  • psk79
    09-18 07:17 PM
    Finally, EAD card ordered on principal application.... Spouse's was ordered and received 9/12. Finally, mine was PRODUCTION ORDERED this evening.... Any others in the same boat, don't panic... they are doing them in random order....
    No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....




    hairstyles %IMG_DESC_11% . %IMG_DESC_19%
  • %IMG_DESC_19%


  • sands_14
    07-02 10:33 AM
    Looks like 150,000- 200,000 applications will reach by tommorrow evening and USCIS will stop accepting even if they dont revise visa bulletin.

    And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.




    xeixas
    09-10 02:33 AM
    It looks like prior to this visa bulletin, the DOS was just guessing the dates for the visa bulletins. Hopefully this behavior changes moving forward.

    The best example to illustrate this is EB3-ROW:

    1) Back in October 2006, this category was on 01MAY02. Very close to where it is right now.
    2) DOS was not getting enough visas from USCIS, so they increased the date. By May of 2007 (Same Fiscal Year) the date was 01AUG03.
    3) They still didn't get enough visas. So, by June of 2007 they moved it to 01JUN05.
    4) The July 07 bulletin happened and after that everything became unavailable.
    5) Then in October 2007, when the USCIS had not revised any of the July 07 applications, the DOS still didn't know what to expect, so they went back to 01AUG02.
    6) Again, they didn't get enough applications, so they moved the date up. By January 08 they were in 15OCT02. And in Jun, they went all the way to 01JAN06. Then they became unavailable again.
    7) In October of 2008 the date was in 01JAN05, which means that USCIS was not done with the July 07 cases and DOS didn't know what to expect. In April of this year they go back to 2003 (some I-485s that were received back in 2007 getting approved?) and then they became unavailable.
    8) Now in October 2009 they are back in 2002.

    With dates going from 2001 to 2005 then back to 2002 then up to 2006 then back again to 2002 (EB3-ROW in the last 3 years), it is easy to conclude that up until now, USCIS and DOS have been gambling with the dates. So the October bulletin could mean one of two things: 1) Either they have valid data now and the dates for this bulletin are realistic, which would be good because at least we would know now where we stand or 2) They are still gambling, which is neither good or bad, because with the previous history of movement in the dates, the dates could go back to 2006 again or even further...




    JulyFiler
    10-08 06:43 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.


    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!


    Let me ask you a question.

    When you renew EAD what will be the start date. For example:
    Lets say current EAD Expires 12/31/2007.
    I apply for renewal in July say 07/01/2007.

    When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?

    Basically would the renewal date start from where the current one is expiring or from the dat it got approved?

    Thanks



    No comments:

    Post a Comment