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Friday, June 10, 2011

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  • wellwishergc
    07-13 11:07 AM
    just EAD is not enough. EAD is required to maintain status and work; however AP is required if she travels abroad and needs to re-enter.

    I hope you do not have to worry about it; maybe her 485 is approved as well.

    If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her





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  • reddymjm
    05-05 04:15 PM
    i third that too





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  • mbartosik
    04-29 12:26 AM
    Prepare your evidence, this will include pay slips, emails, etc., write down a statement of facts, if you want to go the extra mile find the relevant parts of the statute (go to thomas.loc.gov and/or dol.gov) that ban the behavior where employer broke the law and print that out too.

    Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.

    Of course you want to make sure that no longer working for that employer does not put you out of status.





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  • jonty_11
    08-02 11:53 AM
    take a vacation....there is nothing u can do abt it!!!



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  • boreal
    09-02 04:39 PM
    Below is the response I got today in email. For the "additional review" part should I be concerned

    The status of this service request is:

    Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.

    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    How long did it take them to send the SR response? When did u open the SR? Thanks in advance...





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  • rsrikant
    11-02 12:34 PM
    See signature for details:
    can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..

    thanks,
    srikanth



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  • jags_e
    08-30 02:58 PM
    There is a main article on the reverse brain drain in EE Times and it mentions the IV's September 18 rally too.
    The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703

    EE Times: Latest News
    Green-card red tape sends valuable engineers packing
    Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
    A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.

    He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.

    When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.

    "We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.

    By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.

    The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.

    The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.

    The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.

    U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"

    Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.

    And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."

    But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.

    In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.

    Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.

    That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."

    In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.

    But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
    Page 2 of 2


    Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
    "I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.

    For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.

    In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.

    That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.

    Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.

    But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.

    ...................





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  • malibuguy007
    07-21 11:31 PM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.



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  • madan
    01-11 11:05 AM
    Thank You...

    If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.





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  • abhishek101
    01-13 03:39 PM
    There is nothing you can do going forward. You broke the law and as such the punishment is more severe than simple monetory fine.

    If it is caught then they will cancel your H1b and will invalidate your GC.

    If they do not you are good :D



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  • ken
    04-08 04:29 PM
    bump ^^^^





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  • meridiani.planum
    07-18 11:41 PM
    Hi Folks
    My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
    <> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
    <> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
    My online profile won't show current address - just an application online to change the same.
    Any insights will help
    Ram

    call up the 1-800 number and ask the service center to update your record once more, that should be good enough. Tell the customer rep that you did not get a confirmation of the address change, so are concerned. If that does not work you can always take an INFOPASS appointment and there they'll ensure that your records are correct.



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  • needhelp!
    10-25 12:57 PM
    bump





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  • nepaliboy
    05-21 10:08 PM
    hi thanks your input.
    what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

    LUD = LastSoft LUD = status did not change due to updat
    Hard LUD = status changed, if registered, email will be sent.

    Registration process:
    1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
    2. Add cases to your portfolio, in list display it will have the following columns
    ....Receipt Number
    ....E-mail
    ....Last Updated (by USCIS)
    ....Form #
    ....Title

    The Last Updated above is LUD.



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  • no-tec
    10-14 07:15 PM
    no tutorials. just screwin around. look at that one site. nocturn.net or something. they have all the coolest brushes.





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  • mytv
    08-26 07:15 PM
    reply...



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  • geniousatwork
    09-01 03:49 PM
    Congratulations !!! GOOD LUCK to all the people awaiting approval notice.





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  • kondur_007
    08-04 10:07 AM
    Hey, great example and at a good time.

    This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.

    Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.

    Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.





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  • purplehazea
    06-01 06:18 PM
    Guys I had started this thread for people who have already filed for I485 and are waiting for a visa number. I am surprised at how this thread has been altered with a poll and the kind of posts people are making.





    EndlessWait
    12-06 11:36 AM
    bump





    Kitiara
    10-25 04:42 AM
    Ahhh, what a great game that was.



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