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  • nilcritz
    12-20 01:32 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.





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  • dummgelauft
    11-11 05:29 PM
    Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.

    I am not underestimating the value of $300 per-year, but compared to the value that this is likely to drive, it is certainly an investment that can provide handsome returns.

    I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

    In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.

    Thank YOU!!

    Dude, I have been sparring with Pappu and Starsun for quite some time now. IV needs to be a "Paying Members Only" organisation.
    Per some statistics regularly floating around here, IV has 40,000 odd members. A membership fee as small as $1/month!! ($12/year), will INSURE a steady flow of funds, that will make a HUGE difference.
    Even if 20,000 of that 40,000 run away due to the $12.00/yr subscription requirement, that still leaves IV with almost a QUARTER million dollars worth of cash at hand, . True, it wil lbe hard work to keep the membership numbers up, but think about it, a smaller, more focused organisation, with enough liquid cash, to be able to hold events, rallys, make campaign contributions etc......





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  • redcard
    09-15 08:34 AM
    What kind of job is that that pays $$$ an hour? LOBBYING ? :)

    working for Halliburton ?? or being an immigration advisor :)





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  • JA1HIND
    01-27 03:50 PM
    You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)

    p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)

    Thank you once again for your recommendation and trust me I am cloud 9 while reading suggestion by you & "mbartosik"....I just took a close look at my previous documents including pay stubs, signed contracts and my last detail email explaining how much I paid for GC (pay stubs clearly explains) and how much I paid & how I paid for the balance amount...which I sent to HR Manager & cc to CEO ..

    Shame on me I couldn't even remember how much I paid until I saw my last email it was not 7K, the total amount I paid was $7.5K..

    I checked with my current employer(since he is my friend too) & see if there will be any side effects by doing this..& he pretty much said I am at benefit side to for sure win the case since its clearly mentioned in pay stubs, your contract, & your last email which can be add on as supporting documents to help your case winning but I may have to also prepare myself if I had clean record since day one (year 2001) have pay stubs etc., in some cases DOL would be interested to know details from scratch and see if my records are straight even before knocking employer 2 door..

    I know for the fact that I was out of my project when I came to US back in 2001 for 5 months and during that time I was not given pay stubs (it was pretty bad IT market at that time...)and later got into another project & if questioned by DOL for missing pay stubs then I may have to be prepared to answer any such questions.....and it might put me in trouble and

    (2) second item I may have to think about it, after giving my resignation to this 2nd employer I continued to work at the same client on behalf of new employer and that it self is against the contract that I signed which my current employer reminded to me at that time and even now...& and based on that it might back fire on me from 2nd employer and asked me to decide if its worth of fighting or let it go........

    any comments or suggestions please!!



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  • sumanitha
    01-12 03:07 PM
    Donot take Maternity Card..

    It will not be helpful at all..

    Instead you can have your negotiations with your Doctor and Hospital.


    In Dallas (Las Collinas), if you dont have medical insurance, you can have an arrangement with the Doctor and Hospital.

    Like one of my friend paid 3K for everything for Delivery + 5K I think for the hospitals. Ofcourse this is based on the delivery is not complicated / C-section couple of years ago.

    Hope this helps.





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  • prioritydate
    08-06 01:08 PM
    Did anyone got LUD on their I-140? I have an LUD on my I-140 on 04/20/2008. Most of the people got their LUD on 07/13/2008.

    Can someone please confirm if they have an LUDs in April 2008?



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  • nogreen4decade
    07-16 06:29 PM
    Some people die at twenty five and aren't buried until they are seventy five.
    :)... I like that :)... Very poetic too :) Good one !





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  • vxg
    06-26 02:50 PM
    Anything that get's you a RFE is bad..

    I got it from CVS and they look good.


    USCIS photo guidelines state No touchups should be done. I suggest use a portrait studio of Kinko's



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  • acecupid
    06-02 06:39 PM
    what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?

    Where did you read the new text ?





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  • Aah_GC
    07-25 11:19 AM
    A lot many can empathize with you. But if you are looking for relief - you ought to take responsibility for how you feel. You already understand the forces of nature - you will get your GC when it's your time. If anything your needless frustration and forceful attempts are only interfering with the energies that have made your PD current.

    Just relax - get some exercise, eat well and participate in things that lift your soul.

    Good luck!



    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.



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  • jsb
    01-05 01:02 PM
    ...We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually....

    That is not true. In my case, when I sent my EAD renewal my PD was Current. They sent me a 2 yrs EAD instead of processing my GC. So weird.





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  • rolrblade
    07-19 10:18 AM
    you can get medicals in 2 hours.

    Not sure if this is chicago/pittsburgh.

    your only option is to find out by calling all numbers in chicago and pittsburgs.

    People have flown in from various locations into chicago and got medicals in 2 hours.

    also, ask your wife to get the immunization record of mmr and tetanus.

    that will make your life easier.

    x-ray is mandatory.

    people, this is a fact.

    All;

    The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.

    Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.

    About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.

    I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment

    I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.



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  • rssb
    01-26 07:02 AM
    Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.

    FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !

    The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.

    It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.

    Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.





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  • ck_b2001
    07-26 02:50 PM
    According to the pattern the next one is due tomorrow,
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf

    Lets start pressing F5 since tomorrow morning on USCIS press release page. My finger is already itching for refresh button.



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  • beppenyc
    03-16 03:18 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.





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  • sam2006
    09-01 06:39 PM
    Typical hypocrisy stuff
    we should be fair and not misuse and violate the laws of the country.

    No one is Voilating laws my friend
    pl give your speech to .... u know the folks from across the fence

    I don't know why some people here are taking this work based immigration here as an all out war. As it is, working and staying in the US or any other country for that matter by foreigners is a priviledge, not a right. No one forced us to come here, we came here on our own free will.

    Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"

    If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.

    Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.

    Thanks.



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  • Soul
    02-07 09:17 AM
    Hey Kit, at work?

    Who did you vote for? :moustache

    - Soul :goatee:





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  • bombay
    12-27 01:04 PM
    We should be happy that we would be much better than the local guys after gettting our green card. We can offshore jobs to our native countries and earn good money and retire soon.
    Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.





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  • RandyK
    06-10 05:31 PM
    Can someone try to breakdown the 220K backlog per Mr. O, please.

    According to Mr. O.

    India = 120K
    China = ?
    Mexico = ?
    Philippine = ?
    ROW = ?

    Thanks





    MeraNaamJoker
    08-12 10:49 AM
    Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?

    You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.

    Now to the original question of this thread.

    It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.

    Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.

    Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.

    My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.

    What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.

    GOOD LUCK!!!





    rolrblade
    07-19 11:12 AM
    Rolrblade,

    i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.

    ofcourse, just normal rescheduling is absolutely do-able.

    i think our friend is trying for Emergency so that wife can get appt in chennai only.

    No problem. I misunderstood too. Sorry about that! he has disappeared anyways. I believe he got his answers.