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  • sirinme
    01-24 06:01 PM
    Any time your job responsibilities change on paper, that could be a risky proposition, I think. An architect's role is a lot different from that of a programmer analyst. So unless the original job description for programmer analyst is too broad in its wording, you might be in for trouble.



    Thanks SIRINEME for Sharing your experiance.
    Quick Question though,
    What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.

    Thanks,




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  • msp1976
    03-08 02:52 PM
    Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...




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  • chanduy9
    07-03 01:04 PM
    I think any vender, any flower is fine, but all should send on the same day, so that we can get some atten.
    I see only 3 or 4 orders till now...
    Just Idea...
    Thanks,
    Chandra.




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  • desi3933
    07-10 03:04 PM
    Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"

    I-140 is for future GC and hence, must be full time and permanent.

    I-140 is not for current H-1B job.

    You are mixing two things.



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  • sanjay
    02-09 01:33 PM
    Done with paypal.

    Payment Sent (Unique Transaction ID #2LU89675UY3759432)
    Date:Feb. 9, 2009
    Time:10:15:06 PST
    Status:Completed
    Amount sent:-$25.00 USD
    Fee:$0.00 USD
    Total:$25.00 USD

    Will do another in 15 days.




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  • InTheMoment
    08-01 08:29 PM
    Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)

    This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
    Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).

    In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.

    On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!



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  • eb3_nepa
    06-26 03:07 PM
    Santosh_gc, I don't have a problem when you talk about illegals getting ahead of legals etc. But the comment about illegal immigrants bringing corruption into the U.S. was way out of line. It is unfair that illegal immigrants may get ahead of legal immigrants. Let us leave it at that and not speculate on how they might introduce corruption into society. No discussions on how they break the law when they enter the country - that is a bogus argument. Just about every one of us breaks the law every time he/she gets behind the wheel of a car, unless you claim you always drive the speed limit. By your logic, then every immigrant from India can be disallowed as we are exposed to as much corruption in India as there is in Mexico and we might infect the U.S. culture just as much. Bkam's comments didn't add any value to the discussion and were just offensive.

    I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.

    Now i personally dont care, whether the US Govt asks the undocumented to stay or leave. What i DO care about is, how we, the legals are treated. So whether the illegals are mexican, indian, chinese, cambodian or actual aliens from Mars, the policy should be: "If you come the right way, you will make it in, if you come the wrong way, you will either NOT make it in at all, OR will have to wait much longer than the people who came in the right way". So poeple pls stop the "racist" remarks against Just the Mexican community and culture. On the other hand the moderators too have to understand that everyone here does have a right to express SOME opinions regarding the undocumented/illegal immigrants. When you see urself and people doing things the right way waiting for years, as opposed to people doing things the wrong way being literally gifted Green cards, it does raise anger and frustration levels.




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  • sankap
    07-09 10:00 PM
    Chandu,

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    [Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]

    Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."

    2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."

    I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now



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  • vbkris77
    05-02 10:50 AM
    What about EB applicants from non retrogressed countries/EB1? The primary gets GC in 6 months and the family will have to wait in FB quota?

    Hello, we are not asking for a change. We are asking for a correct interpretation of the law.




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  • reddymjm
    06-13 06:51 PM
    You should see the paper copy of receipts in your mail box today as I already got mine monday.Still waiting on my wifes. Was your at NSC too.. I wrote my name on the checks to differentiate. So I knew they were mine.
    My attorney is not organized man. he is #$$%%%^. so worried whether he sent it or not. Is your wife working too by any chance.
    I wrote the amount in words wrong, the numerics were right. so they returned my wifes application. I will resend it tomorrow.



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  • gk_2000
    04-16 07:46 PM
    Well, in that thread they were about to "hire a top constitutional lawyer", but it ended in a whimper...




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  • starving_dog
    06-27 07:03 AM
    Another reason for optimism, read his last three entries...

    http://www.visalaw.com/blog.html



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  • coopheal
    09-23 05:52 PM
    Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.

    my dear friend come back in reality..... to put it least harshly... “khayali pulav banana band karo” (stop day dreaming)
    IV core needs to focus on real issues and obstructions which anti throw our way




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  • andycool
    08-26 07:55 AM
    May be not true, my case assgined to officer on june 29th and no news yet. But I wish Ski_dude12 good luck.

    I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25

    i had a SLUD on AUG 21 ,


    Thanks



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  • crystal
    07-11 10:06 AM
    Nice to see your post Raju .We must thank the reporter

    http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story

    I am going to call the reporter and thank him again.




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  • saimrathi
    07-09 04:13 PM
    Originally Posted by Naveen
    Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.

    Thanks Naveen for the initiative.



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  • ronhira
    09-26 07:44 AM
    So EB3 indians are idiots?:D

    so are we..... everyone in eb2...... we r all the same.....




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  • maag
    06-07 10:28 PM
    Well, its ones own point of view. My point of view is, a bird in hand is better than two in the bush. Worst case, they'll revoke ur 485 but cannot deny u re-entry to the US based on ur H1B. But if u r on EAD, I'm not sure. Once u r back in the US, u can always dispute the denial by canceling ur Canadian PR and submitting the canceled documents alongwith ur dispute as proof which should definitely put ur GC application back in the reckoning. Again, the question is, is it worth taking the risk? Well, it is...because u didn't get ur Canadian PR just by sitting at home. U did the Finger Printing, U did the Indian PC, U took the english test, U did the medicals, spent so much of ur time, money and energy in the process. Now, by just foregoing all those efforts do u wanna have 100% hopes that ur GC wont be rejected and lose out on ur Canadian option as well? Think about it.


    I dont have H1B stamp and i have already used AP, what if they revoke my 485 and ask me to go for stamping and i get stuck for month to receive clearance, i dont know any one in canada and staying in hotel and waiting for clearance could cause me 1000s of $ , not to say, i will not get my pay because my employer didnt do my canadian PR.

    I agree, i did spend a lot fo money doing canadian PR process, i did hire a lawyer to do all these and cost me $5000+ but I guess its not worth taking the risk and losing all my savings, I think this is called destiny, being so close to something still not able to get that, meaning it was not meant for me....




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  • wellwisher02
    04-12 08:46 AM
    In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this

    1) do i need to surrender my PAROLE I-94 before departing USA?
    2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:

    Thanks.

    If you wanna return to the US from Canada, you either need to have H1B visa or AP.
    Your Canada Immigration Officer may ask why you want to settle in Canada and you should have a convincing explanation.




    ski_dude12
    09-07 04:33 PM
    We got our receipts today. Mailed out the application on the 2nd - Reached NSC on the 3rd. Receipt numbers are SRC so my case got transferred to TSC.

    Receipts are coming... just hang in there.




    krishnam70
    06-18 11:23 AM
    Well, if u have made up ur mind just based on some post(s) (which by the way, may or may not be true and even if true, do u know the minute details around that case like country of origin, was H1 overstayed etc...etc...?), then no matter what I or anybody else suggests, u will still counter by showing that ONE little post. Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures. I can guarantee u that for atleast every 100 successes u may (or may not) see one problematic case. The general mentality is, well, there was one failure case...so, will I be the next to be caught? U will completely forget about the success cases. Even if its a problematic case, its not like the end of the world for them. They are still given a chance to re-enter USA.If everything goes wrong, then big deal, Canada beckons. Again, its my point of view.

    So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".

    Folks this is personal experience

    We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.

    In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.

    Immigration status:
    My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.

    We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.

    Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.

    - cheera



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