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  • missourian
    05-29 05:22 PM
    Sorry if this is a stupid question, I am a new member

    My PD is 02/01/2005, my labour cert got approved in 03/01/2006,

    I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007

    Considering the scenario is my I140 invalid?





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  • gsc999
    05-22 03:51 PM
    Lol, Agree with this. We need to include this amendment in the agenda :D
    ---
    We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. We know now what to do.

    On a different note. We could request these senators to introduce an amendment that will create a new category of visa called "H-2-Z" visa for people who give up on getting a green card based on employment based system but may find it easier to refile under Z visa category by becoming illegals.





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  • venkygct
    09-04 12:43 AM
    - Folks who decided to join the rally from CA, please vote here.

    - Folks who is yet decide, please act FAST and book the tickets...

    - Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
    http://immigrationvoice.org/forum/showthread.php?t=12441





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  • coolngood4u80
    11-10 03:59 PM
    wonder why bulletin hasn't come out yet...



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  • checklaw
    07-02 04:49 PM
    $1200 (Medical+Photocopying+Photos etc.)
    $700 (Lost wages)





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  • EkAurAaya
    04-13 11:11 AM
    its updated... no change!



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  • H1bslave
    11-19 03:35 PM
    Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.

    my 2�


    Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
    The general idea in a desi mind is "why should this other guy get his GC first".

    Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)





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  • longq
    12-26 03:26 PM
    So that means the unused Visa number flow "downwords" within the country category NOT "accross" the EB category.

    Yes. Now the question is, whether it is right or wrong as per the current law.



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  • optimystic
    10-29 09:08 PM
    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?

    Update:

    It turned out to be request for latest employment verification letter.

    Here are the words quoted from the RFE letter

    You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    So, couple of questions to the gurus.

    a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?

    b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?





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  • logiclife
    01-09 12:15 PM
    Is a divorced spouse entitled to COBRA coverage from their former spouses� group health plan?
    Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

    Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.

    If I waive COBRA coverage during the election period, can I still get coverage at a later date?
    If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.

    Under COBRA, what benefits must be covered?
    Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.

    When does COBRA coverage begin?
    COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.

    How long does COBRA coverage last?
    COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.

    Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:

    Premiums are not paid on a timely basis

    The employer ceases to maintain any group health plan

    After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.

    Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.

    Who pays for COBRA coverage?
    Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.

    For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.

    COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).

    The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.

    If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.

    If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.

    COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.

    If I elect COBRA, how much do I pay?
    When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.

    While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.

    Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.

    You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.

    Although they are not required to do so, some employers may subsidize COBRA coverage.

    Can I receive COBRA benefits while on FMLA leave?
    The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

    Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.



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  • hopefull
    07-06 04:13 PM
    http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US

    22 diggs already. 500 diggs will make it a top story!


    LITERALLY BEGGING FORYOUR GCs.

    THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...

    NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...

    SHORTCUTS ...huh ...??


    DISGUSTING





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  • nonimmi
    05-22 04:10 PM
    Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?

    Chill out! If these LAWJOKERS didn't make you mad already then how logiclife's post can?



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  • akhilmahajan
    08-31 07:40 PM
    We have been calling and talking to ppl all over new england area.
    But we have hardly been able to get a convincing number of ppl to attend the rally.
    Have you watched the bus thread for New England Area. 26 votes, can you believe that.

    We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.

    Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.

    Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.

    LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.

    Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.





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  • like_watching_paint_dry
    02-27 03:15 PM
    LOL. This thread again...

    They gamble, they lose and then they whine about rules being unfair here.

    And this willwin guy has the nerve to give me a red mark on my post saying I'm not being diplomatic... like I care about being diplomatic when they want IV to shift its primary focus in order to cater to such ridiculous asks!! If I wanted to be diplomatic, I'd have come here on foreign service. :rolleyes:



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  • imconfused
    07-13 03:13 PM
    what does that mean?





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  • a_to_z_gc
    10-01 07:02 PM
    Hey Sparky_Jones,

    You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...

    Thanks!

    I filed at NSC, got transferred and receipted at CSC, then got transferred to TSC. See my ginature for details



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  • satdal
    11-26 09:13 PM
    Our receipt date is 9/10. No FP notices yet. Got EADs and APs well in time.
    I opened SR for myself on 10/11 and my wife on 10/16. Exactly after 45 days, today I got 2 letters from them. There is no logic in what I see in them. Here are they:
    Response to my SR: Our review indicates that this case is actually within our processing time. We regret any misunderstanding.If you don't recv a decision or notice of other action within our current processing time, check our website or call cust service. All returned documents will be re-mailed.
    xmo217.
    Response to spouse's SR: The status of the service request is :
    Biometrics must be taken at the ASC in your area. When an appt. becomes available you will be notified by mail when and where to report. Please allow 4 months to receive your appt for biometrics.

    Finally the real twist ..... We had an infopass appt at Dallas center last week.The IO asked me the purpose of the visit and I had informed her about our cases. She looked at our cases and said that our files are not yet opened. I was confused and upon my request to explain in detail, she said our files were not assigned to anyone and are with TSC. She suggested me to call USCIS Natioanl Cust serv and ask them to send a request for the files to be opened. I have never come across/read such a scenario. I got further confused and was wondering how come we got EADs and APs when our files were not "opened". There was no clearcut answer for that. She advised me to call them and quote that we visited Infopass and they advised us to call USCIS asking our files to be opened. I am not sure if this works or not.

    But the greatest relief came at the end of the appt ....both of us got cleared in the background check. I am assuming that background check and name check are one and the same. Friends,Correct me if I am wrong.She said as of Oct 18th, we were cleared.
    Looking at all these things, I am not sure how the process is taking place !
    I haven't called USCIS yet as I thought that I would wait till 45 days are over since I opened SRs for FPs. Now it's over and I just got the responses for the SRs today.

    SATISH.





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  • sanbaj
    07-28 03:15 PM
    Sanbaj,
    Congrats for the GC !!!
    You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
    Can you please share why you ported in the same category? Or because of some other reason?

    -Immi_Chant
    One I140 has PD of Oct-2006 and the other one has PD of Feb/2002. In Mar/08 EB2 was completely U, but I had hope that it will turn around and I will be able to use older PD based I140. That is exactly what happened when NSC 485 processing times reached my app's RD. Mine was not to switch categories, but to use the earlier PD.





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  • 485Mbe4001
    06-10 01:16 PM
    BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)

    ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.


    As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
    With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
    Anyone have any opinion?





    Maverick1
    10-09 09:02 PM
    you can directly go to USCIS website and take printout of your approved I-140.

    It will not have all informaion but more then enough to change job .


    AFAIK , you can only see the text that the said 140 is approved. Did you mean actual copy of the approval ? Some thing that looks like a real approval letter , a scanned copy ?





    sam2006
    09-01 06:39 PM
    Typical hypocrisy stuff
    we should be fair and not misuse and violate the laws of the country.

    No one is Voilating laws my friend
    pl give your speech to .... u know the folks from across the fence

    I don't know why some people here are taking this work based immigration here as an all out war. As it is, working and staying in the US or any other country for that matter by foreigners is a priviledge, not a right. No one forced us to come here, we came here on our own free will.

    Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"

    If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.

    Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.

    Thanks.