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  • gc28262
    07-29 01:44 PM
    asylum - you are very funny
    lottery - acctualy they have a country limit
    green card - :confused:
    undocumented - we are talking about legal immigration (for gk_2000 also)

    explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.


    Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (

    Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.

    It is such a shame that this country covers up racism with "diversity" in this 21st century.

    Moreover skill has nothing to do with country of birth(EB category).

    Diversity has to be reflected in the population already in US. Do you think Indians/Chinese are a majority in this country ?

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  • gclabor07
    06-18 12:20 PM
    I will participate in this campaign in however way possible. I've avoided traveling because of the hassles of stamping and I don't EAD/AP due to missing the July 2007 bus.

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  • GCplease
    02-29 01:54 PM
    Mailed mine and 2 of my co-workers' letters to IV on 2/26/08.
    Already sent them to the White House a couple of weeks ago.

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  • chintu25
    07-06 03:38 PM
    Go Guys Rock The World....lem Em Know We Mean Business.juctice Should Prevail


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  • black_logs
    02-20 08:39 PM
    Mercies.... if your answer is still not answered than please call QGA and find out about us. Before spending so much time writing this post if you had gone to the resources, you would have got some questions answered.

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  • gc_chahiye
    12-18 08:15 PM
    Thanks for explaining this clearly. 2 Questions:

    1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?

    filing of MTR does not give you status, once they accept it, yes you are in status again.

    2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?

    yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.


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  • raj2007
    05-14 08:07 PM
    As far as I know, Fiancee visa is only for Fiancee of Citizens, not for GC folks.

    Someone pls confirm.

    You are right..Financee visa is for citizens only..

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  • yabadaba
    08-01 12:03 PM
    Looks like for July 2nd they just started and i talked to 5 other guys( who got receipt) - all of them has a sending time between 9 and 9:30 AM by FEDEX

    Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!

    Kidding - what time yours hit the USCIS building ?
    mine reached at 7:55 am ...still no receipt :(


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  • vasa
    07-16 11:41 PM
    well then you will always rely on your experience and skills, there is a reason skills are categorized as junior staff and senior admins/developers/mgrs etc.

    if u got the skills there's not stopping any one.:)

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  • coloniel60
    08-13 11:53 PM
    As of now 10% have said that they are going to re-file. That's lot of re-filers.


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  • alterego
    09-14 04:28 PM
    I couldn't agree with you more...

    As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.

    Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I terms of working 2 jobs & owning 2 houses.

    So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..

    If the hosung markets turned down like the NASDAQ 5 yrs ago, and brought down the whole economy with it, then as a result of the ensuing economic recession you lost one, two or all 3 of your jobs and ended up in negative equity, could not find a new job sponsoring H1b due to the deep recession and your greencard is nowhere in the near future. Would you still feel as secure and happy? I am not sure what country you are from, but would you make a salary close to what you are making here?

    Security my friend, thats what a green card brings. I applaud you on your courage and bravery in just taking a chance and doing all these things, you will likely be fine and get your green card eventually but taking risks can bring consequences as well. Many people are more risk averse than you.

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  • wahwah
    06-05 12:46 PM
    (d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.

    According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.

    Now it appears, they would require an approved 140.


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  • zilmax007
    07-27 05:32 PM
    An Indian man walks into a bank in New York City and asks for the loan officer. He tells the loan officer that he is going to India on business for two weeks and needs to borrow $5,000.The bank officer tells him that the bank will need some form of security for the loan, so the Indian man hands over the keys to a new Ferrari parked on the street in front of the bank. He produces the title and everything checks out. The loan officer agrees to accept the car as collateral for the loan.The bank's president and its officers all enjoy a good laugh at the Indian for using a $250,000 Ferrari as collateral against a $5,000 loan. An employee of the bank then drives the Ferrari into the bank's underground garage and parks it there.Two weeks later, the Indian returns, repays the $5,000 and the interest, which comes to $15.41.The loan officer says, "Sir, we are very happy to have had your business, and this transaction has worked out very nicely,but we are a little puzzled. While you were away, we checked you out and found that you are a multi millionaire. What puzzles us is, why would you bother to borrow "$5,000".The Indian replies: "Where else in New York City can I park my car for two weeks for only $15.41 and expect it to be there when I return".

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  • gdilla
    07-27 07:50 PM
    You should be able to tell by checking if your checks have cleared. I understand they may be company issued checks, as in my case, but make a friend in accounting and they will tell you. Forget HR or lawyer. That's what i did.

    I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
    So they call to see if USCIS may be able to lookup their case by Last name or something......


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  • akkakarla
    10-09 07:53 PM
    My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?

    Can some on advise me !

    I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.

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  • morchu
    08-01 09:58 PM
    The key is that....there should not be substantial difference in the job duties and the responsibilities.

    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!


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  • drsnh123
    06-19 10:50 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote

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  • pappu
    08-09 10:34 AM
    Questions for everyone to research and post the answers------

    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

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  • mundada
    10-10 02:05 PM
    I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.

    If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
    Service industry is not always based on labor cost differentials. Many services are value added services. For example, stock brokers used to charge $200 and above for stock trades; however, electronic brokers came and made the industry efficient and hence can profit more by charging only $10 or even less. But this does not mean that the stock brokers are earning less. In fact they are earning more than before. However, their value additions come from faster settlement times and high volumes. This is easier to analyze. Now look at London or Hong Kong -- what services it provides and why is it booming?

    High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.

    Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).

    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.

    02-20 01:33 PM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

    Ramba, I agree with you for the most part.

    Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.

    Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.

    So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!

    Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).

    Your post was highly diplomatic than most of your queue-mates. Appreciate that.

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