Wednesday, June 15, 2011

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  • diptam
    07-24 11:14 AM

    I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.

    If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.


    I will try to dig out the actual memo. But this is from the oh law firm page:
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."

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  • belmontboy
    01-16 04:45 PM
    My layoff was much less traumatizing at the instant.

    I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.

    Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.

    Well I am back now and looking everywhere. Hopefully something should click soon.

    All the best guys!

    your screen name is interesting :D

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  • gc_wow
    02-12 03:52 PM
    No one cares about our plight.We are like new Jews in America.No matter what for no reason every one hates us for what we are.

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  • ivuser
    01-30 02:25 PM
    I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.



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  • desi3933
    02-03 01:04 PM
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.


    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.

    Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.

    Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.

    Not a legal advice.
    US Citizen of Indian Origin

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  • ita
    01-31 06:18 PM
    Thank you very much for the response. I sent you a PM .

    Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?

    Thank you.

    >> how do we know what our H1 LCA amount is?
    Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

    Not a legal advice.
    US Citizen of Indian Origin


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  • GCAmigo
    12-27 10:42 AM
    was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..

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  • yabadaba
    02-20 03:08 PM
    googler u r the new berkeleybee!!

    can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?


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  • Openarms
    11-06 10:49 AM
    This is the only thread and issue that helps a lot of people in the process. If USCIS send the numbers correctly then we better of assuming when is our GC turn is. We will know the real picture and it will definitely open lot of peoples eyes to act in the future... So "Immigrants" please send the letters.

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  • desi3933
    03-11 11:02 AM
    The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.

    See here this guy is also saying the same thing what my lawyer has predicted.

    Hey Joker -

    I joined IV 5 years after getting my GC. Please look at my 900+ posts and pull out one (just one) that justify your stupid thoughts.

    If that's make you happy - PD will be current next month. Now start dreaming again.

    -- desi3933


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  • NKR
    09-05 04:07 PM
    chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things all depends on how each individual is capable of job get done..this is what i belive offence to any one.

    I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.

    An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.

    Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.

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  • zuhail
    03-11 08:58 PM
    By the way there is a thread where it is mentioned that the spill over to EB2 and EB3 still works the same.

    This would mean that there would be no significant movement in EB2 and EB3 India numbers.

    Time is RIGHT NOW to introduce a bill for recapturing Visa Numbers.
    Thanks de2002 for The NyTimes Editorial. ( I only wish this had also come from WSJ).


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  • johnifanx98
    04-04 03:48 PM
    You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.

    those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.

    Yes. And this is not my definition. When H1B becomes a way to make money for those bodyshoppers, it's really abused.

    And I agree that it's also a abuse if an employer pay under-prevailing to a US master. But based on current situation, it's not that obvious. I think many ICC are going too far.

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  • pappu
    07-01 06:11 PM
    Everyone is busy partying.
    No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.


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  • Jaime
    09-11 02:48 PM
    Come on guys! Make up your minds and attend the rally! You still have time! We'll help you! LET'S GO!!! Let's make history!!!

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  • bpratap
    06-10 06:24 PM
    Sent to California Senators


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  • vin13
    11-12 03:26 PM

    So are we having a conference call or have we decided that we should individually write letter that has already been drafted.

    Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.

    I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.

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  • delax
    07-14 07:17 PM
    Murthy will never mention Immigrationvoice or our effort on her website.
    Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
    I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
    If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.

    My friend - I think I need to send you a flower :)

    To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:

    On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.

    Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.

    If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit.

    I know the Mahatma would have done the same thing.

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  • new_horizon
    06-10 04:08 PM

    07-05 04:44 PM
    Really shameful...we have a thick skin & a weak heart

    Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.

    04-08 01:24 PM
    I did contact Senator/Congress persons, and it it didn't help the FBI does not repond to congresional inquirie concerning name check.
    All eyes are focused on the immigration bill at this point, so expect no help.

    I am pending name check since 2002.

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