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  • snathan
    01-17 02:25 PM
    ^^^^^^^^^





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  • desi485
    02-18 04:06 PM
    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.

    Ramba:

    if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.

    Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.





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  • 485Mbe4001
    11-05 01:38 PM
    Wow, you must have written some letter... This is the first time that i have heard someone getting a call about NC from the presidents office.

    You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.

    Thanks,
    Donald Bradman





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  • rimco99
    11-02 09:28 PM
    Why are u coming up with such vague ideas.



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  • axp817
    03-31 08:39 AM
    So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

    Although, UN seems to suspect that there might be more beneath the surface here.

    What still beats me is that if the 140 had problems, why would they even bother requesting for AC21 evidence and not just deny the 485 in the first place.

    Unless..., when the 140 got revoked they realized that it had been more than a 180 days since the 485 was filed, and gave the applicant the benefit of doubt and asked for a new EVL, but while the applicant was in the process of replying to the NOID, they did some more digging, found that the underlying approved 140 had ability to pay (or other) issues and then denied the 485 on that basis.

    UN,
    You seem to be 'in the know' about this case/applicant, do you happen to know what the next steps are/would be/should be in this particular case?

    Thanks,





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  • ash0210
    03-10 10:31 AM
    Friend of mine (to whom I contacted regarding IV) is in USA for 7 years and knows how lobbying & party funds are raised (including Watergate) and also very much aware of "Retrogression" and problems of being "Legal".

    Also, he is aware of cause of IV and appreciate that but he is un-comfortable because whenever he login to IV, he noticed that:
    - more than 40-50% respondents are talking about money/contributions & signatures showing how much they have contributed as of today,
    - 10-15% are talking about blocking non-contributors(calling by Free Lunchers etc..),
    - 5 % are Pseudo intellectuals (talking BIG but dont know immigration basics like - PD, issues of I-140/I485)
    - 5% are always trying to shutdown others, accusing/calling by names to other forum members (he says "Highly skilled" in accusing!!)
    - and remaining are "Positive" contributors for IVs retrogression cause (talking about - I spoke to senators office, can we arrange rallies, when to Fax/fliers, when State chapters are going to meet, posting excerpts from senate/CSPAN/News etc..)

    Is our audience is so? Can we focus on our cause? pl be together like.. Like-Minded!!!


    My prioriy date has moved 1 week in 1 year. This is sufficient evidence for legislation (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation) that requires Hill lobbying (http://immigrationvoice.org/forum/showthread.php?t=3255&highlight=legislation) which requires money.

    Like minded

    I had no understanding about legislation, politics, lobbying and money when I joined IV in Dec 2006. I used to wonder what core is talking about. However, I checked every statement against reliable media reported facts (NOT law firm blogs). I have not found a single contradiction. So I am very strongly like minded with core's direction.

    Here is an example. In Dec 2006, Jeff Sessions was cited by core as the reason to derail the SKILL Bill. Here (http://immigrationvoice.org/forum/showpost.php?p=51718&postcount=21) is a recent example of an anonymous person derailing a Bill.

    Money minded

    Lobbying firm is the most important reason for existence of IV; grass root lobbying can be done without IV. IV paid QGA 80K (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) in the first quarter of 2006; this is just one expenditure but has a public record. IV has to pay a similar amount to Patton Boggs. About 260*20/month was collected in 45 days in Jan/Feb 2007.

    Why can IV ignore talking about money (when balancing this deficit is very important)?
    How can IV ignore talking about money ALL THE TIME (when it takes 45 days to collect 260*20)?

    State Chapter Participation

    You missed this. We also ask members (ALL THE TIME (http://immigrationvoice.org/forum/showthread.php?t=3482&highlight=Wisconsin)) to participate in State Chapters.

    Conclusions

    Some (non) members are ignorant about GC problems, legislation, politics, lobbying and IV's activities. It is not possible to understand all of them even in a month. They have to put effort to educate themselves. Hence, the quotes



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  • chanduv23
    07-02 09:50 AM
    It looks like, in many cases, employees are ready to put up with the crap due to some reason or the other but come to IV and complain because they want to vent out their frustration and organizations like IV is the sweet old mom who will hug anyone who needs support and they feel the comfort and warmth under IVs arms.
    Where else can they go? Not AILA offcourse, not Compete America, not ALIPAC , nor their lawyers, cannot discuss with friends or coworkers - everyone is looking out for themselves and will not bother about other's issues (unfortunately thats how people are)

    So many people come here to see if they find some solace - if IV starts a new initiative to help thewse people out - will they come out of their shadows and utilize the services?





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  • sidbee
    05-14 09:55 AM
    You get a life you coward.
    You posted junk and did not do anything on IV in the last 1 year. Now suddenly when your dates are not available you come here to teach others to get a life.

    Why don't you get a life and go back to India and get a life there. If you are happy in Canada, then be happy there. Do not teach us. For all of us you are simply a coward who ran away from problems rather than face and fight it. And why do you care about Fraud etc.. if you are in Canada driving Taxi!!!!!

    You seem to be an anti-immigrant to me. We have seen many in the last few days and they were rightfully kicked out.

    Are u a crazy ??? He is not teaching you (Looks like you need some teaching anyway)
    Just a question , how are you fighting the immigration war.. (You fight a war , and solve a problem)
    Anyone has the right to express his opinion. You start calling people coward..

    If you have nothing in India to cherish for, Doesn't mean that other people dont have it either?



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  • satishku_2000
    05-24 02:58 PM
    if a background check reveals that you had been on H-1 you won't be eligible for Z visa. You have to come up with a new face, new name, and new ID. Looks daunting but less daunting than getting GC legally.


    I totally agree. They want to issue visas to all of them in a year... They will have more RFEs for legals than illgeal so people should work towards their temporary permnanent residency that is Z





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  • sam_hoosier
    11-26 01:26 PM
    I believe after this new fees, we might have to pay one more time for the renewal and after that we never have to pay for any renewals. So it will not be a factor any more.

    Are you saying we will all get our green cards ? :D



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  • rimzhim
    02-05 04:21 PM
    Krishna we are focussed on the main goal, Unfortunately we have yet to see any headway and may not see any this year either coz of the million other problems. Hence my suggestion of alternate strategies. Like I said, just a suggestion.
    yes but your spouse is ALLOWED to apply for a separate H1B. so i don't see why you are making an issue out of this. no human right activist will buy this argument.





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  • rimzhim
    02-05 04:21 PM
    Krishna we are focussed on the main goal, Unfortunately we have yet to see any headway and may not see any this year either coz of the million other problems. Hence my suggestion of alternate strategies. Like I said, just a suggestion.
    yes but your spouse is ALLOWED to apply for a separate H1B. so i don't see why you are making an issue out of this. no human right activist will buy this argument.



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  • pappu
    04-26 11:45 AM
    http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm

    But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."





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  • gsc999
    07-11 01:44 AM
    What do you guys think, should we get some flowers at the San Jose rally too and give them out to the supporters?

    That will display continuity of thought with our flower campaign and weave that into the peaceful protest.



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  • smuggymba
    03-29 04:01 PM
    Alex

    I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.

    You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.

    This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.

    Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.

    HRP

    These crooks are intelligent - they take money in Indian rupees and deposit it in their account named after his/her mother. Difficult to prove you paid for H1-B unless you have a recipt/transfer record here in the USA.





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  • belmontboy
    05-23 03:20 PM
    When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!

    When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
    >who are not from his constituency,
    >who can�t vote and
    >who can�t contribute to his election campaign�
    what is the motivation for the law maker to support the bill�

    So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
    a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
    b) Then have IV reps.. fax them and send them to lobby groups �.
    c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..

    How many of you have actually talked to the lawmakers? Its always the assistant!

    But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!

    Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!

    :cool:

    if you don't call and speakup, how will the lawmakers know?

    your suggestion sounds great. I am sure we can accomodate that too.

    Its better to have attack on many fronts than stick with one.

    We need to rise and speakup, thats all matters in the end.



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  • msekhargc
    01-30 04:35 PM
    voted now





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  • RadioactveChimp
    05-30 11:46 PM
    nice idea man, i think i might do one





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  • smuggymba
    01-17 04:10 PM
    I think one of the options should be - On H1 but not affected.





    snathan
    01-17 10:30 AM
    This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.

    First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.

    So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.

    Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.





    tsnaresh
    04-18 06:10 PM
    Congratulations.



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