Sunday, June 26, 2011

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  • bkshres
    08-08 09:05 AM
    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK





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  • spajay
    08-21 01:13 AM
    EB2 India
    PD - Aug 2004
    I485 RD - July 24th 2007
    I485 ND - August 20th 2007

    No LUDs. Just keeping my fingers crossed.





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  • IndianIII
    09-27 10:35 PM
    Your university looks like a wierd one. How can one get a course completion certificate when there were 2 papers pending.





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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • saturnring11
    09-15 10:42 AM
    Here are a few reasons why I want to get the gc:
    1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
    2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
    3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
    4) freedom to quit a job because the company/boss sucks
    5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
    6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
    7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore

    So am I doing what I really want?
    No

    I guess black Americans could have said something similar 200 years ago: as long as I am fed by my master, he provides me with a roof over my head, and I work hard, I should be happy.
    Today they would still be slaves.
    To misquote Orwell: America is a free country, but some people are freer than others.

    Moral of this story: Satisfaction and complacency are two different things

    Interesting blog on the issue of high-tech slavery.

    http://saturnring11.blogspot.com/2006/02/high-tech-slavery-in-land-of-free.html





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  • mailmy_gc
    10-29 01:40 PM
    If USCIS says, there is no problem to continue with our employment as long as we have applied for EAD renewal, there wouldn't be all this emotions. Every one would have normal BP. They must just come out and say that I would be ok to continue working.

    It is so inhuman to treat us like this. They say "The day EAD expires, you must quit working until you receive the new EAD card".

    Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
    Is it OK to take paid vacation when EAD expires ?? or Do we need to take unpaid vacation.

    My EAD is pending for 100 days now. I still have have 18 days to go. I applied 118 days before... I tried all the ways, I can but none of them yet worked. Took infopass appointment, contacted senator, called USCIS and expadaite, sent mail to Ombudsman (no response at all).

    Totally frustrated ...

    BTW, did any one got EAD approval from NSC this week.



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  • neoklaus
    10-26 09:06 PM
    on Oct 23 mine and daughters GC were approved.
    But not for wife. do i need to file service request for her or something?

    Many Thanks to IV!





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  • logiclife
    01-09 12:16 PM
    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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  • nrk
    10-30 12:39 PM
    Just came back from Info pass appointment.

    The officer told me that they haven't seen any thing wrong in the system.
    Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)

    Then i have asked him why the letter says "not admissible under the current law"

    He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.





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  • mbawa2574
    08-20 04:42 PM
    Go get a good lawyer .File a lawsuit against attorney for breach of contract and ask for minimum 5 to 6 million dollars in damages. see if you can involve the company too. screw their happiness to the largest extent . Expose your employer and file a complaint that he forced you to pay for your labour cert and 140 expenses. DOL will shut him down as they are already investigating these fraud shops.



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  • sixpockets
    07-02 04:59 PM
    Medical exam = $400
    Birth certificate=$100
    Cancelled trip to India = $600 (me + wife)
    Postage = $200
    Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
    Mental harrasment = no formula to calculate
    Impact on career = massive





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  • nozerd
    01-04 01:05 PM
    If this were Canada or Sweden the wives could become " domestic partners" of each other and ask your friend to f.o.
    Alsas the US doesnt reconize domestic partners :)



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  • for_gc
    01-05 11:49 AM
    Dear friends:

    As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.

    ...

    Hi FinalGC,

    What is your defintion of a large project ? How much budget/people/schedule etc should we use for that definition.





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  • appas123
    09-06 08:47 AM
    Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
    ramee,
    Here is what we did for the birth certificate RFE couple of years ago

    1 - copy of 10th standard mark sheet with birth date on it
    2 - copy of 12th standard mark sheet with birth date on it
    3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.

    The four things (two marksheets and two affidavits) worked well for us. Good luck.



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  • decastod
    05-15 01:12 PM
    All,

    This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.

    If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.





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  • anai
    07-19 02:41 PM
    Thanks, but seems like this is not what i was looking for. I was looking for the Jun 16/17th memo about initial evidence. Do you have that one?

    Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.



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  • Dipika
    08-06 12:12 PM
    count me for Dec 2004.





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  • nozerd
    04-13 11:35 AM
    This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
    To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.

    What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????

    "F. VISA AVAILABILITY DURING THE COMING MONTHS

    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."





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  • Libra
    07-03 10:25 AM
    I thought to but now don't want to comment on your posting because you were already born confused:D

    Ugh, I paid thousands to the lawyer over the years. And the medical was a ripoff. They better send me a free pass for 30 days at some nude bar with my green card or...I'll just have to go there anyways to celebrate:p





    brad_sk2
    07-26 01:09 PM
    The last link (Times27..) one doesn't open btw

    Dude...he is just predicting...Please spend a minute or two reading the contents before replying!





    illusions
    04-24 05:03 PM
    dang....sandy_77... is this for real ? hearing your story i don't even wanna take a chance. Contact IV i'm sure they can help you. This totally doesn't make sense. I wish you luck... sooon! Please keep us posted on what's going on.



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