Selasa, 01 Juli 2014

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  • pappu
    11-19 07:55 PM
    This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).


    "Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."


    After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.

    Anyways this thread will be useful for future I485 filers.





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  • eastindia
    10-13 04:21 PM
    How is AllVoi?
    If offers unlimited calling in USA and 750 min to India for just 14.99





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  • snram4
    01-30 12:04 PM
    You have chance of winning lawsuit if they reject you just based on immigration status. But in USA the employment is at will basis. Both employer and employee can take that option. Last year when I got offer letter that was specified in first page that this employment is at will basis. Lawsuits are more expensive. Generally lawyers will share the benefits of compensation if they take the case freely

    now ford, gm, capitalone and I'll post mine when i hear about the explanation from legal.

    i dont know if u can sue without much written proof, or if they refused to interview you. but if you do have an interview etc., and some written proof, we may have something

    a class action lawsuit ? if a lawsuit is expensive i am sure there are some lawyers who take on cases either probono or we all pool in our money and do something...





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  • kevinkris
    11-10 05:06 PM
    Guys do it ASAP.
    It's just $1.26



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  • whitecollarslave
    03-25 05:38 PM
    yes, that is our line of logic and understanding. But seeing the number of experiences what we are having in real world, this does not seem to be applying. You are rightaway asked about your work status and they insist till you give them "specific" word - either "GC" or "Citizenship" or "EAD"... If this would have been the real way ( I and all of us wishes that) the these recruiting guys may not dare to insist till you spit the speific word out and that is before interviewing. In my experience, I always had verbal conversation. I have never been sent an email or letter by any company yet regarding their refusal not to even interview me based on EAD. Verbally 5 companies have starightaway told me "they are not considering me as I do not have green card yet - EAD is not enough". My thinking is that they do this because somehow some law may be covering them, we do not know that but they know that, perhaps..:confused:

    I understand your frustration. I have heard similar things from employers about hiring people on H-1B.

    Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.

    Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.

    I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.





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  • gc4me
    05-23 09:11 AM
    +ve skin test does not mean anything.
    You can be +ve if
    1. If you ever had TB
    2. If you ever had TB medication
    3. If you ever had TB Vaccination

    If you are +ve, you need to do chest x-ray to verify whether you have TB or not. Tell your doc for chest x-ray. For me, I knew I will be +ve and so I told my doc for x-ray at the first time and did not have skin test.

    I Got Positive Skin Test. What Should I Do Now? Please Inform Me.

    Thanks
    Chhaya.



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  • snathan
    08-27 03:58 PM
    I just talked to them. Rep said they can not match vonage offer.... I am already paying teleblend around $16 per month. I see no reason why I should not pay $9 more to Vonage in order to get Unlimited India Calling plan. (As I also spend atlest $20 - 25 on reliance india call additonally.)

    any other person there who talked to teleblend?

    Final price for vonage would be $33.





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  • victory123
    05-17 10:24 AM
    Hi,

    My labor (EB3) and 140 were approved a while ago.My company has sent H1B extension for three years in Feb 07.There was a query requesting for additional evidence from USICS in Apr 07.They are requesting lot of my company info and nothing about myself.My Company is taking its own sweet time to respond.Now I am eligible to file 485 as per the latest June visa dates for EB3.My question is could I file 485 when H1b extension is pending.My previous I94 expired on May 07.Please help as it is urgent.If the visa dates move back again then it will be horrible.My Company didn't file during concurrent filing and has eaten 2 years of my life and now they may use this to further hold me..any help will be appreciated.

    Thx Vict



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  • go_guy123
    06-10 03:51 PM
    Thanks guys .... for coming behind me .. Shane Warne or Purple Haze won't satisfy you guys .. Y dont we discuss how Kanimozhi's discontent couldn't play spoil sport for the new govt and how Azhagiri got cornered with chemicals and fertilizers (these 2 are not any interntaional fame for an american 'tunnel rat' to know abt them).

    Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.

    l1fraud. L1s cannot be hosted at client site when the client site manager has supervision on him/her.

    ICE has a historically poor track record on enforcing H1b/L1 rules. Only lately there has been on enforcement on the H1B rules. All that one can do is complain to USCIS / ICE
    etc but they don't do anything then you may have to talk to you senator/congressman etc. Sometimes senator/congressman are also non cooperative.

    Let alone L1, even B1 visa is used like a short term work permit by many IT companies including American IT companies





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  • sunty
    10-01 12:29 PM
    He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
    Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")


    Valid point. So its important for us to find out how was DOS reminded of the correct vertical spill over rule and we (IV) should follow the same.

    I don't know why IV is silent on such an important issue. I think I am missing something. Please IV core, any answers on this specific issue ?



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  • dreamgc_real
    07-13 08:39 AM
    my 485 was filed during Aug 2007 , i had EAD as well that i never used.(EB3)
    i joined another firm and started off fresh using old PD, and EB2, which got ported

    I had 2 RFE on my prior 485 FOR medicals and EVL. that i answered ( company didnt had issues as long as i was paying for it)

    now How do i get my prior 485 to be merged, since its not an easy case, my new firm isnt willing to do so, can i raise SR/IO and try it? is it worth it

    Have you asked your lawyer? Check with your lawyer first as you say it is a little complicated. You don't want to mess up this late in the process.....





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  • gc_chahiye
    07-09 07:06 PM
    we should probably say that we like the idea that flowers are being forwarded to injured members of the armed forces. We would however request Mr Gonzalez to accept the messages that we are sending with the flowers, as those messages are meant for HIM.



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  • SunnySurya
    08-07 04:09 PM
    Thank you. I am not worried about the three companies I know of , I am worried about other 3000 companies that I don't know of.
    I also beleive, it is not the companies that are evil. It is the system that provides the incentive. And I am trying to take away that incentive.

    First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. We will not close the thread as long as the discussion remains civil.

    While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of changeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.

    Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.

    There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.





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  • makemygc
    07-09 09:57 PM
    This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
    So life is not always easy. There are people waiting since 2002-03-04.
    Don't think that life is not a FIFO always.

    Why some of the guys became violent when I said, INDIA IS GREAT???
    Guys.. do you know why I always feel like this???

    As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.

    Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
    Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".

    Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.

    I exactly know where your statements about 2005-2006-2007 coming from. Your basic assumptions is that 2005-2006-2007 guys are those who just came to US 2-3 yrs back and now want their GC asap whereas you are waiting in line for 6-7 years...right?
    Ma'm with all due respect, that is not correct for most of the cases. There are several people who has to re-file their labor for several reasons (employer greedy, company overtaken, laid-off, company gone bankrupt etc etc.). That does not mean that 2005-2006-2007 guys are asking that they should get GC before 2001-2004 people. What most of the people need is an ability to file for AOS so that they can indepenedent of the clutches of their employers.
    I'm sure if you widen your horizon, you will be able to understand the plight of all your brothers and sisters stuck in this retrogression.



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  • acecupid
    08-21 12:28 PM
    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    Dude if people are taking initiative to do something on their own, what is your problem? If you dont support the initiative you dont support it. STOP discouraging others. Everyone supports HR 5882, we all know that and will continue to support it.





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  • singhv_1980
    02-05 04:44 PM
    hello all,

    i will really really appreciate your posts..

    its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..

    But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??

    How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??

    -Shahuja

    I am not very sure but my understanding is that consulate will tell you if there is any issue reg security clearance etc (in other words 221 g).

    Did VO tell you anything about administrative processing during your interview??



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  • wellwishergc
    02-24 02:35 PM
    Pages 245 and 246 includes recapture clause

    From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.





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  • Milind123
    01-25 01:22 PM
    The real message in this thread is that you should check what is required by the countries you intend to transit BEFORE you buy your ticket.

    It seems to me that an individual should take responsibility for his own actions rather than trying to blame a particular country for a long established requirement for a transit visa.

    Maybe you can help the Brits to add more questions to their Transit Visa form from 111 to 1011.





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  • reddy77
    01-25 04:08 PM
    Thanks Guys for your responses, I will try KLM ...

    Recently, my friends flow KLM to hyd via JFK. they came back safe. I will let you know the exp once i talk to them.





    gravi98
    06-21 11:36 AM
    Thanks for the FAQ.

    Quick question:
    I have a EB2 approved I-140 with PD 2006. Another EB2 I-140 from BEC with PD 2005 is still pending and might take another 6 months to get approval.

    Will it be a better a strategy to file based on approved 140 (pd 2006) and later on capture pd 2005, once the BEC based 140 gets approved? Not sure whether interfiling applies for same category.

    Thanks in advance for your suggestions





    sina
    06-21 09:32 AM
    I have the exact same questions. Could some one please answer these.

    Questions:
    1. On application form I-765, Question No 11.Have you ever file for EAD?

    I have mentioned it as "Yes" (I have applied for my OPT)

    2. On application form I-765, Question No 11. Date(s)? Which dates to be used, please specify ?

    (EAD notice)

    3. On application form I-485, page2, part 3, What is Nonimmigrant visa number? Is it the RED number (8 digit) on visa or the control number(14 digit)

    4. On application form G-325A, Biographical information. Applicatan's residence last five years. List present address first. I have specified address for three years and six lines are filled and I could not show the last five years, so how should I show last five years of my residence on the form (should I attach a paper with the remaining address, please specify)

    5. On application form G-325A, Biographical information. Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.

    Should I write in English or in my native language and what should I write for Alien Registration Number.

    Any suggestions and inputs on the above questions should help.

    Thanks



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