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  • chanduv23
    11-17 02:26 PM
    Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:

    Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.

    and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!

    lazycis, chanduv - anyone to comment on above new information???

    My blog was based on Attorney Rajiv Khanna's interpretation. We need to definitely nail this out. Any experts?




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  • Chiwere
    12-21 03:19 PM
    Sure, he will face lot of difficulties, if his employer failed to file for H1 amendment when his job profile/responsibilities changed. There is a procedure in place whenever for cases when job profile changes. My job profile was changed, but my employer filed for both H1 amendment and new I-140 to reflect new job duties.

    When new I-140 is filed in such cases, beneficiary retains his/her priority date.

    Good Luck with your GC.

    ______________________________________
    Proud Indian-American and Legal Immigrant

    desi3933,
    Most likely your employer needed to file a new labor as well when your profile changed, right?
    Thanks




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  • alok_msh
    07-14 02:39 PM
    Sent 25$ Conf: 7YB5G-450FX




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  • mmk123
    03-02 06:46 PM
    I agree as well as disagree with Chandu.

    India is where it is and US is where it is. Don't say you don't want to go because India is like this or want to get GC because US is like this. It's more like what you like or dislike (from India or US); hence you want to stay or go back. People prefer to stay place A as they cannot accommodate in place B and not because country cannot accommodate to what they like. I think that's more of a matter of personal choice.

    Having said this, I agree to the fact that India has best things to offer "if once can afford" and "change should come to grassroots".

    Moving back to the original question - do I feel like giving up? Yes, I do but I give up that feeling of giving up when I occasionally read what guild, plumberusa cartoons blabber and how much they hate us :)



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  • rajamanikannan
    09-10 06:15 PM
    I made my contribution today!




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  • santb1975
    05-23 10:21 PM
    ??



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  • optimist578
    01-03 03:01 PM
    I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.

    I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.

    In India:

    1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
    2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
    3. I am not getting project manager position as I do not have any managerial experience.

    If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.

    I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.

    Exactly same thoughts cross my mind too. I am planning to finish my Masters, on a part-time basis, after which I have to decide my direction for good. I don't have any kids so that is not a factor to hold me back to this country. But I face my biggest discouragement about returning to my home country, when I think of a typical workplace atmosphere there. If you are working for one of the software firms delivering services to international clients, you might end up as someone who simply follows the orders from overseas clients - working 14-15 hours at least 6 days a week. Add to that the living conditions, feudal bureacracy and you have conjured up a recipe for formidable hardship and frustration. On the other hand, US has a growing economy and newer opportunities come here first. Also I have quite a few friends here who have got theirs GCs and are doing good. So, that serves as a sort of inspiration for me.
    So, overall, I am also confused. My wife is my driving force, positive about making it big here- business or corporate world and my only hope. But she has been put up at home, now for more than 4 years; pretty hard to imagine especially with MPhil and an MS from US universities.




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  • singhsa3
    04-30 04:33 PM
    Apume, I have send u a private messgae
    Do I have legal broadcasting rights of uploading this for public viewing?

    Rather, is it legal to do this?

    if not i can send it to your gmail...



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  • desi485
    11-14 06:09 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Chandu, also see this link about cancellation of employment authorisation.

    http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8

    � 274a.14 Termination of employment authorization.
    (a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:

    (i) The expiration date specified by the Service on the employment authorization document is reached;

    (ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or

    (iii) The alien is granted voluntary departure.

    (2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.

    However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.

    (b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:

    (i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or

    (ii) Upon a showing that the information contained in the application is not true and correct.

    (2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.

    (c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.

    (2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).

    (3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.

    [52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]




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  • tonyHK12
    05-06 10:39 AM
    How can you join a company on 11/2010 and apply for Perm EB2 on 12/22/2010 ?

    I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.

    I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.

    Any Opinion/Suggestion ?

    Its pretty easy, a small desi company will start your PERM GC process even before you join them.
    You can use this, to start the process in 2 or 3 companies, and when everything is cleared join the one where its sure of getting approved.



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  • apb
    03-06 05:16 PM
    Few observations based on thread postings
    1) Last year around this same time not many RFE/LUD were seen.
    2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
    3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.

    Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.

    Just my observation. Any input is appreciated.




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  • TeddyKoochu
    12-10 05:16 PM
    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.

    Appreciate your optimism; I hope your predictions for the season end are correct. We have nothing but hope, let�s not lose it.



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  • audelinom
    02-25 03:10 PM
    For all the replies to my post. I understand that there are many others in the same situation I am in, who can understand and feel the injustices of this process.

    I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.

    Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.

    Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.

    I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.

    Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.




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  • wantgc23
    08-14 08:23 PM
    I have read the Original quote several times and dont see how they mean June 2007, To me it is clear that they are talking about June 2008.

    Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.

    I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.

    The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.



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  • bkam
    01-31 03:04 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.




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  • billu
    06-29 09:01 AM
    whats the latest on HR5924?.....any hopes of it being passed?....is there any hope for schedule A this year?????



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  • needhelp!
    09-10 05:40 PM
    Thank you singam, cirigadi, sirinme

    Once again.. those who want to contribute smaller amounts.
    Send them to:

    Immigration Voice

    PO Box 114
    Dayton
    New Jersey -08810

    Telephone: (202) 386-6250




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  • myvoice23
    08-26 12:05 PM
    Not sure about which bank would be good but whichever bank you choose make sure that they give you a statement of how much interest you paid over the year. Most people don't realize that you can deduct interest paid for a home loan in India is tax deductible in the US. Just FYI.

    You mentioned "you can deduct interest paid for a home loan in India is tax deductible in the US." Can you explain how? Is there any one some one you know or you claimed this before?

    Thanks.




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  • nixstor
    04-30 03:16 PM
    Who is this rep from Chicago? Is that Guiterrez. Ripping apart King's argument.




    vengaiah
    10-17 05:02 PM
    fromcisombudsman <Cisombudsman@dhs.gov>
    toVengi Mutthineni

    dateFri, Oct 17, 2008 at 2:49 PM
    subjectRE: Please consider the request
    mailed-bydhs.gov


    Thank you for your recent inquiry.

    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).

    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.

    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.

    Sincerely,

    CIS Ombudsman




    IN2US
    07-06 02:33 PM
    Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.


    --- Good one :D



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