Friday, June 17, 2011

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  • dharmesh.pariawala
    01-30 11:13 AM
    I think this is good news, but I am not sure if this will affect me. I have PERM approved labor on my name. I didn't apply for I-140 because I wanted my wife to get F1 visa before doing that. This is because F1 application for my wife can have problem if there is immigration petition and she is beneficiary. I don't know how much time its going to take me to get greencard or work authorization for my wife and I want her to get the advantage of OPT after completing her studies so that she can make her career.

    So I guess if this rule comes, I have to apply I-140 immediately? Is this true? Please advice me.

    [Contribution so far $40. $20 December and $20 January.]

    01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
    * The planned implementation day appears to be April 2007. But it can be earlier!




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  • psczd4
    12-17 01:52 AM
    Thanks pshaikh for your feedbac and ur efforts on creating a thread for tracking..




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  • chanduv23
    02-01 04:32 PM
    Why don't we all put an end to finger pointing and concentrate on what we need. If someone is doing wrong or has followed wrong ways, govt may/may not take care of them, it is upto the govt, why do we always blame fellow citizens or immigrants?

    We all know, people immigrate doing manipulation, being illegal, over stay visas, jump fences, modify resumes, etc...... at some stage everyone of us would do some level of manipulation so why finger pointing?

    Making our lives better and fixing retro is the goal why drag in consulting companies.




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  • jthomas
    12-03 03:39 PM
    I don't think the legal immigrant community has a problem of contributing 20 dollars or 50 dollars to IV. We are sure we all can afford it. Then why do u think members are not contributing?
    I think we need to start contribution setup from state level and then the total amount should be be given to the core. If certain state groups organize meetings, email call their members and ask every member for some contribution they will contribute.
    The only way is to go approach each member, talk to them, answer their problems and ask for contributions.

    this is just my idea. Maybe i am wrong....



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  • Raju
    07-19 04:14 PM
    Did it occur to anyone that we are only talking about compensating Aman the $64k he spent already. Imagine if he had made use of that $64k as an investment(let us say a safe investment with minimum returns) of that amount it should have exceeded that $64k value by now.

    The least we can do at this moment is to immediately refund Aman and other core team members the amount they have spent towards the administrative costs of IV. Pappu / Logic Life / Other core team members, please let us know what kind of legal/administrative action is required to get this done.

    We will immediately start a funding drive towards filling in this shortage from the total IV funds. IMHO on the longer run the smaller funds ($10, $20 etc) should not be neglected.

    Let us figure out the required amount and have a new thread started about this. This settlement should be treated with high priority before any other funding drive. Pledging my $200 towards this.

    Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.[/QUOTE]

    If this fund is setup to refund IV core I pledge at least $200.




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  • swamy
    11-06 06:34 AM
    Theres an enforcement only bill that increases the h1 cap to 130000. Ofcourse enforcement doesnt include making sure the EB quota is used every year - not that enforcement.



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  • m306m
    06-11 01:23 PM
    Thanks guys for the moral support and quick responses.

    More details are as follows:

    1. This accident occurred in 18 months back in CA
    2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
    3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
    4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.

    So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
    All this happened within in mins or secs, I would say

    --> --> --> --> --> --> --> -->
    Myself car1 car2 car3 car4 car5 car6 car7

    In the above pictorial representation,
    a) car 1 hit car2 which in turn hit car3 (1st impact)
    b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)

    I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)

    Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.

    BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.

    As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment

    So they are claiming the following:
    3 milliion for : other damages(emotional etc.....)
    200,0000 for: future treatment
    50,000 for: lost wages

    Thats is what the story of my life :(

    Hope this gives u more details to provide me with more suggestions.

    Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.

    As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.

    Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.

    Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
    Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649

    1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
    2. Sell cars and lease new cars
    3. Cash savings etc should be transferred to relative's names in India.

    Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.

    I hope this helps. If you need to talk more send me a private message.




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  • ak_2006
    08-11 12:56 PM
    Done



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  • abracadabra
    07-11 11:49 AM
    http://hammondlawgroup.blogspot.com/




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  • kviswanathan
    09-14 11:27 PM
    My lawyer put in a SR on Sept 1. On Sept 11 i recd. the email saying that i was approved. My situation was similar to yours. Same company for 8 years, no RFE - infact no updates on my online status since Sept 2007 when it was first updated to reflect the fact that the application was recd at NSC. So i am assuming that SR triggered review of the application but with USCIS who knows.

    Hopefully you will get your approval soon if my case is any indicator (admitted the sample size = 1)

    Good luck,
    Krishnan

    details:
    PD : April 2004
    July 2nd Filer
    I-485 approved : 9/11/09
    CPO : 9/11/09



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  • walker15
    09-17 10:34 AM
    Nothing is happening(no audio, on mute), looks like they have not started the session and settling down for the hot session. I will update the proceedings accordingly ............
    Hope for the best.




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  • kasanski33
    06-13 08:02 PM
    Anybody got any idea on my situation?

    Deba I am in the same boat as you.....Did not get very clear information till date. But what I have heard is you can travel on AP, get married as long as you have "a" H1-B stamp even if its expired in your passport it should be OK for your wife to apply for H-4 using the latest I 797 approval notice.

    To be on the safe side though I am personally considering going for stamping as I dont have much time to wait for an AP as my PD is July 02 and I feel I might get my GC real soon :-)



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  • garybanz
    02-11 01:49 PM
    Every one keeps talking of "H1 Transfer" there is no such thing... every time someone files a H1 Petition on your behalf it is a new H1 Petition the only thing that changes is the length of the approval period. The period already used in previous H1b employments is deducted.
    Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period

    In that case would it not be better to come in on AP and save some of the 6 years of H1 validity?




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  • getgreensoon1
    04-20 11:33 AM
    Hey Bel -

    Quite honestly I think the best value from an MBA is derived from the timing, i.e. where one is in his / her career. I had a B Com (Accounting) from University of Sydney, an American CPA, combined with 10 years of work experience whilst enrolling for the MBA. I knew ahead, the curriculum wasn't going to bring added technical knowledge, however, it did bring some new ways of approaching the business community. Having the opportunity to sit in a class room and share / hear experiences from some of the successful executives does broaden the thought process. The program also helps build / expand the network. Again, I didn't feel I learnt something groundbreaking on the technical aspects of accounting / financial analysis, or the everyday business etc, but I wouldn't say it was completely useless. Plus for some reason, the "tag" does help.

    BTW, I'm not sure the background of those who provided you feedback. My sentiments are shared at least by 3 good friends. One is a Wharton Alum and the other two, from University of Toronto. All of whom had at least 14 years of work experience, and were Canadian Chartered Accountants at the time of enrollment. The feedback could vary depending on the backgrounds.

    May be that is the reason you took offense when people commented on Bcom thing. An MBA is valuable only if your bachelors degree is valuable. Many people have this wrong notion that it does not matter what you have in your bachelors, if you get an MBA everything is all set. Companies need engineer + MBA combination. Very few companies hire MBAs for accounting work. DOn't confuse accounting with finance, they are different. I can tell you that for sure, as i work in finance.

    Contents of MBA also matter, most people take easy way out by taking all bluff management, marketing and strategy courses. Very few take the hardcore finance courses such as derivatives, fixed income, and valuations (these courses could differ in level of difficulty based on school).



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  • Carlau
    02-05 05:04 PM
    what logic life says makes 100% sense. we are not here to fight --- there are other forums for that. in fact, i should not have respoded to eb3_nepa at all

    I am not fighting but YES, my reason to join IV was to find justice to the H-4 not being able to work when L-1 spouses and Agjob spouses (I read this a year ago) could. Although no promises were made from IV, I was surprised today since nothing was ever said regarding no interest in the H-4 cause when many discussions were in place. Here people contribute for their own benefits, I was here for the H-4s, that is why I transcribed part of the conference calls too, so I was somehow a contributor to a cause that doesn't represnt my interests, but I know it represents the interests of the unmarried folks, or married to IT 'spouses' folks, so for this folks the fight for better legal provisions still on, good luck to you!.




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  • paskal
    07-17 09:35 PM
    I don't know why but we tend to be satisfied with lsmall benefits...
    I agree with you "something (EAD and AP) is better than nothing"
    But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
    I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..

    What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.

    I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.

    After you apply for AP its only 1 year H1 increments.

    What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.

    We had a small revolt (peaceful way) and its successful.We dont want to stop there.

    LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING

    I hope you guys are with me..looking for your comments



    we seized on an opportunity and won a battle.
    the war is still to be one.
    there is no way this over. we will fight till retrogression ends.



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  • desi485
    02-13 03:10 PM
    Hello:

    I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.

    Regards,

    AFAIK, once you work on EAD, you can not be back on H1B. Please check this with your lawyer.

    However what I do not know, and what my lawyer also could not answer till this point is, if after travelling abroad using AP, can one transfer same H1 to a new employer? I know it is possible to continue working on H1 with the same employer. But what if one need H1 transfer?




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  • maddipati1
    12-11 10:24 PM
    sent my story just now.

    highlighted,

    - wasted visas in 140K quota in last 5 years and requesting them to recapture.

    - decision to hold on buying house due to uncertainity in GC.


    keep up the good work guys.




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  • prioritydate
    08-22 12:53 PM
    Seriously, folks. What's with this thread? Total waste of time.

    Someone announces his 'greatest achievement' ... others challenge him to show true patriotism... yet others ask him to continue supporting India etc., AND this chap actually responds :)!

    Wow! Seriously we all have too much time on our hands to be self promoting / congratulating / reminiscing etc...

    Glad that this person will call US Senators etc., lets thank him for that and keep moving... instead of grilling him on things that matter to you! He owes you all no explanations or apologies.

    Peace!

    Right on! It is not a great achievement, but he was happy to share this with immigration community. I don't think anyone need to get offended by his post.




    IfYouSeekAmy
    05-07 07:21 AM
    Why are you so PROUD to be an American? Just be happy for it...its just your need so that you can live in this country for as many year as you want and of course its good achievement and i am happy for you, you just lived here for 10+ yrs and you forgot your Home country where you were born and gave you a good education with you had an opportunity to come here and make your life based on that..you should be PROUD of that country no matter where you go and what you achieve its all because of you Home Country

    If you are form INDIA then you should say "Mera Barath Mahan" first and then "God Bless America"

    Many Congrats!! to you on your American Citizenship Good Luck!!

    Why shouldn't he be proud? I am sure he had to struggle to get his GC first as we all did and then wait to become a US citizen. He has chosen the US to be his country and so he has all the reasons to be proud! As for being Indian fisrt and then being American, it is all wrong. You can't have one foot in one place and the other foot in another place. He chose the US as his country and he as an obligation to be loyal to the US first.




    Dipika
    09-17 11:18 AM
    Help me Gurus!

    we had Infopass appt. IO said your case is pre-adjudicated and under Review. we ask how long will it take to review? He said - doesn't know. can we open SR? He suggested not good to open SR. Reason is they will give same reply - case is under review give us 3 to 6 months. USCIS always tell us to "Not to open SR for Under Review case". Let the petitioner to send latter to request the status directly by sending latter to,
    INS Texas Service Center
    PO Box 851488 - Dept A
    Mesquite
    TX 75185 - 1488
    .

    does any one have sent inquiry latter to this address? is it worthful to send latter there?

    One thing is clear that if our app is in "Under Review", means we have to do something to trigger approval. otherwise it will be in Review forever. we had open SR last yeat september and got same reply in May this year. so SR doesn't work.

    Please suggest me what step i should take.



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