Monday, June 13, 2011

letters of recommendation

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  • mohican
    01-02 12:50 AM
    I have made similar post on another thread on IV--so this is a repeat:

    The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.

    Question to you and other forum members: Is there a thread on this specific topic?

    My situation:
    I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

    I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

    The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

    1. Is any one in similar situation?
    2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
    3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.


    Mohican




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  • needhelp!
    02-12 02:51 PM
    ~ 22803 more letters wanted ~




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  • popoye
    04-08 03:14 AM
    i cant answer this question. but since ur situation sounds critical, you may want to talk to an attorney like rajiv khanna. it does not cost u a lot




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  • rajeshalex
    08-19 06:26 PM
    Pls see the below thread and update the details /send email to ur lawyers/legal firms.


    http://immigrationvoice.org/forum/showthread.php?t=12538



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  • hsingh82
    08-09 12:36 PM
    Yes what you are saying is true. I am not denying that but how long can you stay on
    H1B is the question. But yes I also started with 50k but I am moving up. IT salaries are higher. I know banks paying 70K and going even more above 80K. You can also work as independent contractor type unlike H1B. No middle men inbetween and all expenses before tax.
    Yes ofcourse US is a far bigger economy. But I was born in India, what can I do. Within my contraints I am looking for best possibility.
    When I feel down/upset I look at this video and I feel far better and motivated: YouTube - Man with no legs and arms - Inspiring story (http://www.youtube.com/watch?v=nQPmY4nIjVE&feature=channel_page)

    Since your wife is Canadian citizen, basically your downside risk in US is hedged. If things don't work out you can quickly move to Canada. But for others with Indian passport
    it is not so. Like I said before I am not against working in US under TN1 or H1B. Just that
    I am willing to work under desperate body shopper slave like conditions. If I get position under direct client in H1B its fine with me. In fact when your company knows that you are not that desperate they also treat you differently. Is your wife also born in Canada, if so then it is even beter, you are out of the EB-I trap. You should definiately look for US options.

    Long back when we were working under H1B/OPT for a company in India, there was the annual bonus/promotion announcement. And I saw that none (except 1) of the H1Bs got a promotion. Just one H1B got promotion and that person had recent married a US citizen. Basically the company knew that its leverage over him is gone and in order to retain him they need to promote him. It is all a zero sum game my friend.

    These were answers to someone who asked questions and not a reply to your post.




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  • chanduv23
    02-07 12:33 PM
    Come on dear community members - lets all kake this campaign a great success. Please keep this thread on top



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  • urwelcome
    10-19 09:34 PM
    Pmmo,
    Did you recieve 485 approval notice? What was the PD in that notice? When did you filled Labor and what is your EB category?

    Thnaks




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  • Macaca
    06-09 08:58 AM
    Was listening to NPR today and some anti-immigration group apparently sent 700,000 web faxes/emails to get the current CIR bill down. Try matching that at IV... Also mentioned that their members called the lawmakers in thousands.

    The group is not NumbUSA. Some other group.....
    From Immigration bill drew fire from both sides (http://www.latimes.com/news/nationworld/washingtondc/la-na-immig9jun09,1,3157639.story) By Janet Hook and Nicole Gaouette, LA Times Staff Writers, June 9, 2007

    Just one anti-immigration group, NumbersUSA, has sent more than 100,000 faxes and made thousands of calls to Congress since Wednesday. The intensity of that anger propelled some of the bill's opponents.



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  • mohican
    01-14 03:39 PM
    Hi Prince Charming,

    I have made a post. Please confirm if yours was exactly the same case " subsitution"--leading to 2 applicants seeking same labor and me being left with no I140 since previous employer revoked.

    Based on your post, I am hopeful that my MTR gets accepted too. Could you answer the other questions I have raised that relate to post-MTR phase.

    Best-
    Mohican




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  • prince_charming
    09-27 05:25 PM
    Prince ,

    Any updates on Denaial notice?

    Please post or PM me . I m waiting to hear from my attorney.

    You are runnig out of time it seems, last week itself you said it is around 14 days.

    Ram

    My attorney called them and requested the copy of Denial notice as well as asked them for faxing it.

    Still not received anything.

    Not sure what to do except waiting.

    Irony is that all notice reaches on time except denial notice. Seems like they are trying to eliminate backlog by doing some tricks



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  • jagmohan
    01-08 01:53 PM
    I am with Company A and my current H1 expires on Nov 2009. I got an offer from Company B and they are insisting to Join with H1B Transfer Receipt ( and not on getting I-797 Approval). Please let me know the following:

    1. Can I join Comapny B with H1B transfer Receipt, can Comapany A create any issue here (like if comapany A cancels H1 Visa after I get receipt from Company B)

    2. After I join Comapny B with H1B Receipt , and I get 1 payslip from Company B , Can I go to India and Come back to US with Visa Stamped (from Company A) and H1B Transfer Receipt from Company B ( Note I still may not have I-797 Approval Notice)

    Regards

    Jagmohan




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  • gconmymind
    05-01 03:09 PM
    Only about 100 people have contributed so far...come on guys...



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  • Humhongekamyab
    05-29 04:55 PM
    Well, if your travel agent offers a Air France ticket, refuse and tell him the reason why u don't want to fly them.

    First of all their tickets are way too pricy. People pay shit load of money and get treated like a dogs?? We have choice no matter where u fly from. Try to avoid these European carriers. Try to fly Asian or Indian carriers.

    Air France needs to learn that everybody is a customer, irrespective of their skin color/race. And every customer is entitled to same service as rest of them.

    This is exactly what I do after a similar experience in 2003. I always discourage my friends and family from flying with Air France though I disagree with the statement about 'European carriers'. I have flow KLM & Swiss and they are very good airlines.

    I think the best airlines are US airlines unless you are flying Delta.




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  • PD073102VA
    03-19 10:49 PM
    stucklabor,

    I hope you are right and I am wrong. So, "special handling"
    cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?

    If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.

    Thanks for clarifying.

    Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.

    Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.

    An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.

    Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.



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  • bluekayal
    03-17 10:54 AM
    SEC. 405. STUDENT VISAS.

    (a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

    (1) in clause (i)--

    (A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--

    `(I)';

    (B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

    (C) by striking the comma at the end and inserting the following: `; or

    `(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

    (2) in clause (ii)--

    (A) by inserting `or (iv)' after `clause (i)'; and

    (B) by striking `, and' and inserting a semicolon;

    (3) in clause (iii), by adding `and' at the end; and

    (4) by adding at the end the following:

    `(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

    (b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.

    (c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--

    (1) by inserting before paragraph (1) the following:

    `(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and

    (2) by adding at the end the following:

    `(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

    `(A) during the intended period of study in a graduate program described in such section;

    `(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

    `(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.

    (d) Off Campus Work Authorization for Foreign Students-

    (1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

    (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

    (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

    (i) has spent at least 21 days recruiting United States citizens to fill the position; and

    (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

    (I) the actual wage level for the occupation at the place of employment; or

    (II) the prevailing wage level for the occupation in the area of employment; and

    (C) the alien will not be employed more than--

    (i) 20 hours per week during the academic term; or

    (ii) 40 hours per week during vacation periods and between academic terms.

    (2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

    (e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

    `(a) Authorization-

    `(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

    `(A) the alien makes an application for such adjustment;

    `(B) the alien is eligible to receive an immigrant visa;

    `(C) the alien is admissible to the United States for permanent residence; and

    `(D) an immigrant visa is immediately available to the alien at the time the application is filed.

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.

    (f) Use of Fees-

    (1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

    (2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.

    1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.




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  • Green.Tech
    04-10 11:52 AM
    I am so sorry that IV did not inform you about Donor forum. I will check with IV on why you were not notified earlier. This is clearly unacceptable. IV core should give up their jobs and should start going door to door to inform everyone about IV's goals, strategies and changes to policies.

    In the mean time, please go through this:

    http://immigrationvoice.org/forum/showthread.php?t=24315&highlight=donor

    Cool! More reds with these comments. Although you guys didn't make these comments openly, I would like to reply to you openly:

    Red Comment No. 1: Learn to reply back with a cool head. Real, focused, communication in IV should be a marketing strategy for geting more donors...if that is not there...enjoy !

    Neither am I IV's customer service, nor is IV core. All this guy needed to do was to search the forums and read through that thread that I pointed him to, and voila, he would have know what is IV's intention on the donor forum. He probably knew about it but just decided to throw some oil to the fire in this current thread. I agree with your reasoning on giving more focused replies but then that's what I'd keep doing all day because there are tons of folks roaming around here who have nothing better to do but criticize IV!

    Red Comment No. 2: why the sarcasm, hes in the same boat as you

    How is he in the same boat as me? I am on a boat called IV and I don't see him on that boat. You just wanted to give me a red dot but couldn't think of a solid reason, isn't it?



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  • GCBy3000
    07-17 03:54 PM
    Will a part time MBA / executive MBA from reputed university do any trick for the existing H1b holders? I am not asking this for GC, but it is mere co-incidence with SKIL bill and my intention of doing MBA.

    The very first para in August 2006 visa bulletin says...

    This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.

    MY COMMENTS:
    In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.

    If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.

    I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............

    IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.




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  • singhsa3
    07-17 09:58 PM
    Some of the core members are also stuck in BEC. But they still worked selfleshly. And don't preach injustice to me, I came here to study in 1999, got one labor (PD 2002) rejected on technical grounds, went in for other labor PD 2005, so my situation is probably worse than you.

    Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.

    P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)




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  • psam
    06-10 03:29 PM
    obviously... math is the same whether its done by DOS or our experts...:)

    I wont put my money on table backing this :p




    franklin
    02-28 04:10 PM
    When I got laid off, my lawyer at the time told me that technically you are out of status as soon as you leave payroll. There was no such thing as a "grace period". I was advised to change my visa status to B2 (I think it was that) with immediate effect, if I could not find a new job within 2 weeks to complete an H1B "transfer". It isn't exactly a transfer of the visa, but what you would do normally when you are changing employers whilst on H1 B. I was told that the "maintaining status" was verified by payroll dates, so within the 2 weeks (I was paid bi-monthly) would be safest




    jungalee43
    06-13 07:21 PM
    This appears to be CIR politics. I listen to Rush Limbaugh radio program regularly during lunch time and for the first time today he said that perhaps there could be a bill. He gave some reasons why he thought like that and one of the reasons was dems, few GOP senators and President wants it.

    I am afraid that though the dates are current, hardly few I485 petitions would be approved. But they might use this as a cover to pass all those provisions against us.



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