Friday, June 17, 2011

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  • pooja_34
    12-20 01:01 PM
    Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!

    I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.





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  • chanduv23
    03-11 05:25 PM
    You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!

    Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.

    See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.

    People are still traveling everyday and getting stamping and no issues at POE.

    Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.

    Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.

    AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.





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  • njboy
    12-12 12:51 PM
    im waiting for the groans and moans





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  • eb3retro
    10-24 04:08 PM
    You deserve a gc right away after such a long and painful wait. Dont lose hopes.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?



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  • angelfire76
    06-09 10:53 PM
    Just hot gas...nothing more.
    It is not going anywhere. The message is clear. People of color are not welcome, specially INDIANS, and now looks like Chinese too.

    Do you know how many people from S. Korea, Japan and from Africa apply for GC? You are making an extremely pre-mature and rash statement which might alienate what's probably the only developed country in the world which is still not hostile to people of color.

    If EB3 is moving faster than EB2, then you can figure out why I'm sure. Don't blame the porters, blame the system.





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  • tonyHK12
    11-03 09:23 AM
    Piece meal is our best/only option for the next 2 years. We have to keep track of the legal bills being introduced and campaign for them. I don't think CIR will make it in lameduck too. Republicans would like to enforce border security and employer, internal monitoring, before any king of path to legal status for illegals.

    lets stop this rhetoric on repubs, what about bobby jindal, marco rubio & nick haley and plz don't give explanations to distort the reality, many in the republicans sincerely support legal immigration, tell me few good things dems did to legal immigrants, aint regan the one who gave amnesty to illegals in 80s, aint bush the one who tried more than once to pass CIR, who opposed h1b fee increase recently?

    Yes I agree, we should be neutral on party as an organization. Also the enhanced H1b, monitoring RFE, etc was introduced due to body shops misusing visas and not paying on bench. Think of it as an extended background check due to the misuse.
    I feel republicans would sincerely welcome qualified immigrants. Some of their views on protecting the border have been distorted out of propotion due to politics.
    What we need to do is enhance our reputation with both Republicans and Democrats and get them to help us.



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  • gcdreamer05
    01-09 12:26 PM
    Excellent thanks for explaining so clearly.... gave u a green !!!:D

    What is the Federal Government's role in COBRA?
    COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.

    The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:

    U.S. Department of Labor
    Employee Benefits Security Administration
    Division of Technical Assistance and Inquiries
    200 Constitution Avenue NW, Suite N-5619
    Washington, DC 20210

    The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.

    The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:

    Centers for Medicare and Medicaid Services
    7500 Security Boulevard
    Mail Stop C1-22-06
    Baltimore, MD 21244-1850
    Tel 1.877.267.2323 x61565

    I am a federal employee. Can I receive benefits under COBRA?
    Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.

    Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
    If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.

    How do I find out about COBRA coverage and how do I elect to take it?
    Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.

    When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.

    Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.

    The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.

    You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.

    Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.





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  • rajakannan
    06-27 08:43 AM
    Hi Rajakannan:

    You fall under either of the following two.

    Positive thinking: You are a Gandhi

    Realistic Thinking: You are smart .

    Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.

    Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..

    I donot even understand, how you can think like this...

    Please donot open thiskind of discussion, people have better things to do in life than reading this..

    Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...

    BTW: can you post your PD details...

    best wishes.

    I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.



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  • bkr
    12-18 08:03 PM
    My advice is to take a new job, leave the current employer on good terms and forget about AC21.

    One more question, If we opt for AC21, can the previous employer revoke I140 (After 180 days) ? will that impact I485 ?

    Please advise.





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  • kaisersose
    07-19 01:56 PM
    Very good, ask your wife to bring a load of sweets for IV member. ;)

    good one!



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  • aroranuj
    04-15 08:57 PM
    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.





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  • DoggyStyle
    07-21 10:31 PM
    I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
    don't exist any more.:D



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  • prioritydate
    08-17 10:56 PM
    me too.
    EB2 PD - March 2004
    I485 - RD - July 27 2007

    You have been current for over 2 months. I am not sure why they are not touching your file. Are you stuck in a name check?





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  • sandy_77
    05-09 07:36 AM
    I would like to request all the senior members at IV to help us with these questions:

    1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?

    2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?

    3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?

    4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?

    5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.

    Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.

    Thanks in advance.



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  • Sunx_2004
    07-28 03:59 PM
    I have old I 140 approval notice, Is it necessary to send the old I 140 approval while interfiling. What if the old company withdraw old I 140, How can I interfile in that situation.

    to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
    i have read of instances when the PD was successful and few instances when it was not...
    so i am not sure..what the criteria is..
    but if you are in the same industry..PD porting should not be an issue..

    ....
    i have a feeling sooner or later PD porting may be banned by USCIS..;-)





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  • whattodo21
    01-04 09:14 AM
    Got approval and card on time! Collectively everything worked out. Got EAD for 2 years.

    There was talk about combining EAD and AP - did it happen and how does one file for it?



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  • BharatPremi
    11-30 05:10 PM
    IV Team,

    Thanks for this much eagerly waited update. Now I can again start quoting Shakespeare's famous quot "What's in a name?" again





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  • boreal
    08-12 10:59 AM
    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.


    yep, makes sense.
    Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.





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  • MindGlow
    04-03 08:54 AM
    sent #10 & #11





    rangaswamy
    08-05 01:03 PM
    Filed paper renewal on june 12th, Received card production ordered email today.
    Ap was submitted 2 days ago. PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.

    AR

    Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.

    AR





    buvane
    08-05 09:50 PM
    My case
    PD:May, 7, 2004
    RD:July. 02, 2007
    ND:Aug 28,2007
    I140 Approval: August 8, 2006,
    Status: Pending ::mad:
    Service Center: NSC