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  • Munna Bhai
    01-08 03:38 PM
    They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?

    Would like to get more insight on this issue.

    Thanks.





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  • gimme_GC2006
    04-13 01:13 PM
    Thanks for the response.

    So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.

    And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?

    How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.

    Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.

    Your help & advice greatly appreciated.

    Thanks
    just search on this site..this is discussed almost every week.





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  • black_logs
    05-02 12:25 PM
    http://www.usatoday.com/news/nation/2006-05-01-immigration-asians_x.htm

    NEWS

    Asians are becoming more vocal in the debate

    Wendy Koch

    875 words

    2 May 2006

    USA Today

    FINAL

    A.7

    English

    � 2006 USA Today. Provided by ProQuest Information and Learning. All Rights Reserved.

    In New York City's Chinatown, Asian immigrants held hands and formed a "human chain" at 12:16 p.m. Monday to highlight the day, Dec. 16, when the House of Representatives voted for a bill that would make illegal immigrants felons.

    In Philadelphia, Korean activists held a forum on immigration. In Los Angeles, they encouraged employers to let workers take the day off to join a march down Wilshire Boulevard.

    Latinos have been the face of recent immigration rallies, but Asians and Asian-Americans are increasingly joining the protests or taking their own approach. They are speaking out on issues such as reducing the wait times for visas for family members or green cards for skilled workers.

    "This is a turning point for them. More Asians are joining into this larger civil rights movement," says Pueng Vongs, an editor at New America Media, a consortium of ethnic news media.

    "Our community has been fairly slow to mobilize, but we are definitely working together now," says Daniel Huang, policy advocate for the Asian Pacific American Legal Center. He says Spanish radio stations helped Latinos organize quickly for rallies, but varying languages mean it's harder to reach Asians that way.

    People of Asian ancestry were 13% of the 11.1 million undocumented population in a 2005 Census survey, says Jeffrey Passel, senior research associate at the Pew Hispanic Center. Four countries -- China, India, the Philippines and South Korea -- accounted for most of them.

    Korean-Americans have been among the most vocal Asians in the immigration debate, Huang says.

    "We have a particularly large undocumented population," says Eun Sook Lee, director of the National Korean-American Service and Education Consortium. She says 18% of the Korean population in the USA is undocumented.

    Vongs says Korean-American businesspeople, who hire substantial numbers of Latinos, are concerned about penalties they could face as employers.

    The Korean Apparel Manufacturers Association in Los Angeles sent a memo to its 1,000 members urging them to allow workers to take Monday off.

    "We don't want this to be a racial issue," says Mike Lee, the group's president, noting that many of the employers are Korean- American but the workers are Latino. Lee, a former U.S. Army officer who owns an apparel factory, joined a march Monday, as did all his Latino workers. Only a handful of his Asian workers took the day off.

    The Chinese community has been less active until recent weeks, Huang says, noting their large turnout at rallies April 10.

    "Chinese are sort of a quiet, conservative community," says Cat Chao, host of the radio call-in show Rush Hour on Chinese-language station KAZN in Los Angeles. She says that when Latinos organized the initial protests, many of her callers admired their activism. Now, she says, many say the activists have gone too far and call Monday's boycott too "aggressive."

    Aman Kapoor, a software programmer from India at Florida State University, didn't join the boycott. His venue: the Web. Four months ago, he posted a message about his years-long, ongoing wait for a green card, which documents an immigrant's permanent legal residence in the USA. He says 3,400 workers like him, who have H-1B visas to take "highly skilled" jobs employers couldn't otherwise fill, formed Immigration Voice. Most come from India or China.

    "We don't know the system here," Kapoor says, explaining why the group hired the lobbying firm Quinn Gillespie & Associates. The firm is helping the group urge senators to expedite the green-card process and change rules so some applicants enduring a long wait could change jobs.

    More than other immigrants, Asians tend to be well-educated, professionally employed and in the USA legally, Passel says. About 10% of the Asian and Pacific-Islander population in the USA is undocumented, compared with 19% of the Latino population, he says.

    The difference in legal status helps explain why the Asian community is less concerned than Latinos about legalization, says Karin Wang, an attorney for the Asian Pacific American Legal Center.

    In a March poll of 800 legal immigrants by New America Media, 39% of Asian-Americans favored deporting all illegal immigrants; 9% of Latinos supported the idea. Forty-seven percent of Asian-Americans favored erecting a wall along sections of the U.S.-Mexican border; 7% of Latinos did.

    Vongs says Asian immigrants are more concerned about human trafficking, the smuggling of people into the country for forced labor, sexual exploitation or other illicit purposes. "The highest number of people trafficked are Asian," she says. "It's primarily for the sex trade."

    Civil liberties is another issue, Huang says. He says the House bill would make some misdemeanors, including drunken driving, a reason to deport someone. That could leave some people in U.S. prisons indefinitely because some Asian countries -- Vietnam, Laos and China -- permit few deportees to return.

    Reuniting families is another concern of Asian-Americans. Huang says children or spouses of U.S. citizens wait one to two years for a visa to the USA, but parents, siblings and other relatives wait five to 12 years.





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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.



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  • mbm
    12-14 03:02 PM
    I’ve successfully e-filed my renewal and got the approval for both EAD and AP in just two weeks. It’s really a good system.

    My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.

    When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.





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  • n2b
    08-02 09:35 AM
    if you can convince the current employer not to revoke the 140 (at least for the next 180 days).


    Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?

    Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?

    Thank you!!



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  • leo2606
    10-14 07:43 PM
    Check the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=13358
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks





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  • martinvisalaw
    10-15 03:47 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.



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  • bandya
    05-24 11:58 PM
    Have said this before - during one of out earlier web fax campaign. Pls send emails to all the members about this fax!!!
    All the more important since we hardly have any time on our hand!!!





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  • eb3retro
    09-12 03:40 PM
    Not in the system yet, and no checks cashed.

    Submitted: June 30, 2007
    Reached USCIS: July 2nd, 2007
    Signed for by: J.Barrett @ 10:25 AM

    I have no clue as to what is going on here ...worrying indeed.

    welcome to IV. Please join IV in the DC rally.



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  • anai
    04-16 07:59 AM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.

    One can only hope for the sake of the spouses concerned that no one else is in "the same situation."

    IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.





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  • GC_SUCK
    09-26 07:20 PM
    Here are details

    PD: 04-08-02 - EB3-ROW
    Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
    I-140: Approved on 03/30/07
    FP:05/11/07
    EAD:Card Received in mail on 06/21/07
    AP:Notice Mailed on 06/21/07
    485 LUD (Last Update):
    03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
    I485:APPROVED - 09/18/07
    I485:Approval Notice Mailed - 09/21/07

    Card Received - 09/24/07

    Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.



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  • GCHope2011
    09-12 11:01 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.
    Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.

    Which means that all status and benefits that are based on the underlying I-140 petition become null and void.

    You should definitely consult a lawyer to understand what options you have now.





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  • dc2007
    08-06 06:32 PM
    I send PM to pappu and he replied me immediately. He is a great guy..

    I will try to contact IV lawyer. But I have send this query to my employer also and they will try to get help from some lawyer..

    I will update here once I get answer..

    Thanks for all the help



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  • pappu
    01-20 10:33 PM
    IV is not giving any updates on the public forums at this time and risk our ongoing efforts. Do not quote some annonymous members on other forums or this forum to elicit a response from IV. Do not continue to start new threads asking for updates and asking core members for answers. You, an IV member is our answer and you yourself can also provide answer to all of us by helping us. It is our combined effort that will lead to a solution for all of us. IV core is working hard to make something happen but you all are our legs and support us. We would like to encourage members to actively participate in state chapters, and they can get to know our action plans by participating in them. We also want members to actively participate in funding drive and we will be communicating with such contributing members. This would encourage members to help IV to help everyone and themselves with their efforts. Till now merely 154 members have commited funds in the past 1 week. We can get thousands of opinions on forums on a given subject, but it is really hard to have a meagre $20 contribution from members. Without contributions we will be limited in our efforts. It is very critical for our success and to achive our common goal. IV will not survive without being able to fund our efforts and members can continue to debate on various provisons on forums without much hope for any relief. Hope you will appreciate this POV, understand the gravity of this issue and help all of us in the IV community wth the ongoing monthly contributions drive.
    Thanks





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  • pcs
    07-02 03:16 PM
    I will sign up but HOW TO ????



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  • ArkBird
    12-08 03:50 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...


    We are legal immigrants and most importantly - tax payers, shouldn't that be enough??





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  • 24fps
    02-23 11:05 PM
    hmmn, i am seeing a HUGE jump in H1b cancellations in this forum, maybe there should be a separate thread dedicated to the cancellations so we can deduce some pattern or trend.





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  • dvb123
    09-13 04:06 PM
    It costs around 50k - 100k for a class action lawsuit. Pls collect the money and then think about it. U can look in the directory for Federal immigration litigation lawyers. There are a lot of them. The chance of winning is very less because green card is a benefit and not a job opportunity where you are being discriminated. If you can prove that you lost a job opportunity in United States because you do not have a green card and that job opportunity was given to another less retrogressed country immigrant, maybe you can fight in the supreme court that your civil rights have been violated but it is a long shot and would involve lot of money and 3 years minimum time frame.

    An except from DOL equal opportunity laws

    The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.

    Federal litigation also can be done without legal representation i.e. lawyer but a person must dedicate himself to 8 hrs legal work for 3-4 months which a working person cannot do.





    reddymjm
    02-10 07:39 PM
    EB1 ----> EB2 ----> EB3 <---- EB4 + EB5

    instead of

    EB4 + EB5 ---> EB1 ----> EB2

    Just for a change.





    LONGGCQUE
    05-12 04:16 PM
    A friend at my workplace is current and is waiting .... I know atleast 3 cases at my workplace who are current in May bulletin and waiting



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