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  • Bharam
    07-22 05:16 PM
    I have a question regarding "out of status" situation for me

    Here is my employment history.

    1/1/2001 - Enter USA with H1B from Company A
    1/30/2001 - Offer letter from Company B (No pay checks from Company A)
    2/9/2001 - Started working for Client via Company B (Got Pay checks from Company B)
    4/2/2001 - Received H1B receipt for Company B
    5/25/2001 - H1B approval notice with validity till Jan 2004
    Nov 2001 - H1B Transfer Approved for Current Employer

    Feb 2003 - Re entry to USA

    Oct 2004 - Re entry to USA


    1. I am out of status till 4/2/2001 or May 2001?
    2. In G-325A, Should I be reporting employment from Feb 2001 or Apr 2001 for Employer B?
    3. Since I am with my current employer for more than 5 years, can I give this information when requested from USCIS?

    Any help appreciated

    Thanks





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  • rkumar18
    07-17 07:48 PM
    I just passed on my thank you note to Zoe Lofgren.

    GOD BLESS Zoe and the CORE Team.





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  • rahulpaper
    07-17 07:21 PM
    IV CORE TEAM YOU ROCK!!!!!!!





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  • fromnaija
    08-12 02:41 PM
    Thus, as curent processing times are at August 23, 2007, dwhuser case file is yet to be opened. Since file is not yet opened, no one yet knows his/her PD (it is nowhere other than on paper files).

    The above part of your submission is not true. If you read the I-485 Adjudicator's Manual, you will find that the file is already opened and input into the system at this stage. Otherwise dwhuser would not have received I-797 Notice of Action.

    In theory action on a case should be sequenced by priority date and then received date within the priority date batch. However, nobody knows for sure how USCIS works each case.



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  • ItIsNotFunny
    03-06 11:11 AM
    Based on multiple PM to me on this issue:

    I am trying to set up something with IV so that the contribution specifically will go for this cause. Any access money will be transferred to IV regular account. I will publish the account summary at the end of effort for transparency reasons.





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  • pappu
    09-18 12:05 AM
    GCstatus,
    You joined just one month ago and started accusing IV because they did not reply to your PM. We get several PMs, emails, phone calls everyday. We try to attend as many as possible. However we also have our jobs and life. Not every IV core member comes to the forum to post messages. There are several things we do for this cause that is not forum management work.

    If we had an office with a customer service department, we could answer everyone. If people want good customer service from IV, are they willing to provide help through their spouse who does not work and stay at home? In the last 2.5 we have posted several times, but only a handful of members offered help through their spouses to volunteer for IV. After initial start, almost all disappeared within 15 days because there was no money and appreciation by members in this volunteer effort. They preferred to find own jobs and make money. So tell me if you are willing to help out in managing our customer service 24/7?

    This is for everyone:

    Stop accusing IV if your greencard is not coming soon enough. As Admin2 said, we try to reply to people and help them. However in the last 2.5 years, we never had a single IV member calling us to thank us for helping them. This year everyone is able to file for a 2 year EAD. It was possible because of our effort during the admin fix campaign early this year. So many members are today enjoying the 2 year EAD and do not have to worry about renewing it every year. We have not heard a single member thanking us for it. While we are not here to ask for thank you notes, it is discouraging to hear members coming every week and opening threads accusing IV leadership just because visa bulletin was not in their favor. 2 months ago, some of these members were ignoring IV action item requests and only thinking about own cases and engaging in eb2 vs eb3 on the threads. Put yourself in our shoes and try to do what we are trying to do. Take out that many number of hours everyday for IV as we do. Go on your own expense to DC and meet lawmakers. Get threats from anti-immigrants and still continue to work on this effort without fear.

    There is a thread for high five campaign. How many of us have really contributed a mere 5 dollar for it? The community of more than 30 thousand has failed to raise even 5K in more than 2 months and yet we want to see results. 5K is not even enough to file one greencard case and you want to lobby with it and fight with anti-immigrants who spend millions opposing us? Where is IV membership now when we need them? Is the IV membership ready to take the blame for its failure?

    Today everyone is talking about sending clocks, letters or even has the courage to send emails to USCIS. 2.5 years ago people were scared to do any of this. Nobody was talking about employer problems or lawyer problems and willing to name them on forums. There was no action item. There was no awareness. But today we have changed all that. This is IV's biggest achievement.

    So before you start pointing fingers at IV, pose a question to yourself. Have you done enough for this cause? We need threads to translate into action and results. Your contribution for IV should not be how many threads and posts you have created but what you have done for the community.

    As we have always said, join your state chapters and if your chapter is not active, make it active. Be a leader. Use your energy to lead the effort and travel to DC and meet lawmaker offices. Meet lawmakers in your area. Make phone calls, write letters. But don't just create threads with ideas. We need people to work on those ideas.

    Remember each one of us is responsible for IV's success and failure and IV is everyone.



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  • mhathi
    11-29 12:56 PM
    Signed up for $50 monthly recurring contributions.

    Together, we can do it! Go IV!





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  • srini1976
    09-07 10:48 PM
    Isn�t it odd that the timing of your rally coincides with the introduction of the Strive act?
    Granted you scored a point when you were allowed to file for employment authorization this July. If your one rally worked, do you really think other rallies will work too? The world of politics is driven by numbers; you do not have enough numbers to get any lawmaker interested. So wake up Macacas, admit it, you all are bunch of losers.

    So far as the skills are concerned, you have been harping on the theme that you are highly skilled? If the definition of highly skilled is a mere undergrad degrees then 75% of Adult Americans are highly skilled. I bet not even 5% of you have PHDs and you call yourself highly skilled. Huhhh


    And this for the leadership of your organization: You are wasting your time. If you are so desperate to get green cards contact me. We will see what we can do� One thing I believe though is this country needs people with leadership skills and not so called "Highly Skilled". So I will be more than happy to work with you. I am sure you have my e-mail address. At the least, I can help make the process faster for you, if so called visa numbers are available.

    Who the heck are you? How skilled are you and what leadership skills do you have? Cut the crap! Take a chill pill...........

    Remember.....After all each and every drop makes the ocean and without each drop the mighty ocean is weak...Each drop shall become as a boundless sea..and that is IV..who are you to talk about our numbers..IV's honest and sincere effort(s) will certainly be highly successful sooner or later...It is because of this fear losers like you visit our FORUM.

    So Admit it, that you just dont have it in you to accept our EFFORTS !!!!!!!!!!!!!!!



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  • deecha
    07-20 02:41 AM
    I'd be happy if I got a second opinion (my lawyer's is the first) on this issue:
    I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.

    Chronology
    ========

    #1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
    #2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
    #3 Nov 2002 - Fall in love with an American girl
    #4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
    #5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
    #6 October 2003 - Fall out with employer and quit.
    #7 November 2003 - Marry girlfriend (Out of status)
    #8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
    #9 April 2004 - Find a new employer "X" and start working for him
    #10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
    #11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
    #12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
    #13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
    #14 Nov 2004 - Divorce final
    #15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
    #16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
    #17 Feb 2006 - PERM labor EB2 approved
    #18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
    #19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
    #20 Oct 2006 - EB3 labor approved from backlog center
    #21 May 2007 - File for 7th year H1B extension
    #22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
    #23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
    #24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140

    Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?

    As you can see, mine is not a straightforward case.

    The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?

    Thanks !





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  • continuedProgress
    10-06 06:03 PM
    Once you've fixed/changed your passport. The correct name would be available for use on your AP and H4 upon subsequent renewals.
    Once you've got your new passport - I would suggest contacting uscis for fixing 485.



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  • ganguteli
    02-25 09:01 AM
    I now see why you got a red.
    So basically you are also supporting this " If I am in INdia now and waiting for H1 visa, then start a campaign that everyone gets a H1 and then you worry about filing 485. You all have H1s and look at me".
    Please see the good thats being discussed here and participate in it.

    In the bad economy if everyone can get EAD it will help more. All we need is an admin fix to allow filing of I485 and get EAD benefits





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  • bombaysardar
    07-17 07:44 PM
    Congrats IV team... you've proved yourself today.
    :) :)
    However this is only the start... we have a lot of things to accomplish once we return from the celebrations :

    - recapture 200K+ unused EB visas
    - abolish per country limits on EB visas
    - Increase EB visa share by 50K (now that DV is gone)
    - 3 yr EADs and APs

    .... Any other bright ideas invited...



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  • potatoeater
    08-12 06:50 PM
    Gaurav,

    How much salary does a 12 year IT experienced guy command in India?

    Can you PM me the email addresses of your contacts. I will get in touch with them for a job for myself. I am quite serious.

    Thanks

    sure, I am a database administrator with 12 years of experience. I am oracle certified -OCP DBA in 9i/10g and 11g.





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  • PlainSpeak
    04-15 11:19 AM
    Yes, I support excluding dependents from quota.

    If you look at IV's agenda, most of the items benefit EB as a whole. The idea is to reduce number of people being part of quota. If you think in these terms, you should not have any problem in supporting "Exclusion of STEM grads" from regular quota.

    I support legal porting of EB3 to EB2 even though its detrimental to my own case. So I am not selfish like you call me :)

    As for your stand on MS F1 visa, you remind me of "rkay". He too makes nonsensical statements like you. If there was an violation of law, USCIS would have known it and plugged the loophole. If you have found some "loophole" that USCIS doesnot know, let them know.

    Please see my reply to alien007 for my rebuttal



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  • Marphad
    03-09 12:33 PM
    As everyone is aware of the FOIA letters we have received from USCIS. We requested everyone to fax/email us the USCIS letter.

    Here is an update on IV plans and what we know till now:

    On Friday, during the discussions with USCIS, we came to know that that there is a backlog of FOIA requests and currently they are clearing FOIA requests they received in 2007. We also know from the letter that the report wll not have 'country of chargeability' info. This is a critical info that we ought to have. Even after paying 5K to USCIS, over one year wait time to get the FOIA request completed will be unacceptable to the community.

    In light of these developments we have explored other options to get this data and use the copies of replies we get as an example how badly we need this data to get accurate picture of the size and breakdown of the current backlog, so that we can all know how long we need to wait in the current system, if nothing changes. We would also ideally like such data to be always available and updated for public periodically.

    Our first option is that we put in effort to get this data without having to pay $5K to USCIS. We will also try to get the data much sooner rather than all of us wait for more than a year.This could be possible via advocacy effort and our initial discussions on this subject have been promising. We will pursue this and if we do not make much progress until the deadline then we may pay 5K and still pursue the advocacy option to get the data faster. Thus we need more than 5K to proceed with these parallel options. The advocacy effort will also be an ongoing task beyond the first month. Thus we request members to sign up for recurring payment option to support this initiative and any other initiative we undertake for the community.

    We have added a paypal module on the top of each page with a target amount. Members can use this fresh tool added to IV website to contribute. We prefer if members contributing to the effort on recurring monthly basis for a long term support of IV efforts. All members who contribute through this system will also have access to special 'Contributor's Forum' on the IV website.

    Thank You for your effort and contribution for building a stronger community.


    Nice to know. Just one question, if we knew this on Friday, why not shared on Friday or over the weekend?





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  • acecupid
    08-11 11:46 AM
    BUMMER EB3
    SWEET EB2

    Lets hope for the best in the next VB.

    Its been BUMMER EB3 for a while now :)



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  • gcnirvana
    07-17 08:33 PM
    There are so many 'Thank you' threads running and its hard to keep track of everything. Anyways, I posted this elsewhere and am proud to post it again here. Read on....

    I was just curious as to how many from Core Team will benefit from today's news. So I looked at the core team's GC details and here is the summary:

    1. 8 out of 12 Core Team Members WILL NOT BENEFIT from today's news.
    2. Because 6 of them are stuck in BEC
    3. 2 of them are in the final stages of their GC.

    But still they fought for this cause and never ever felt 'Why should I care'! Tears came running down when I looked at the details. You are just awesome. Though I am thankful today...I am thankful for the day I found this site and am thankful to god almighty for giving me an opportunity to know you all and work with you guys.

    I also sincerely hope and wish that you all will get out of the mess you are in right now and we are with you till the end.

    Thanks a lot to all members for being with us in this struggle. We have tasted our first big success this year. Credit goes to each and every IV member. We were all affected by the visa bulletin fiasco and this is our victory. This is a victory for all our members and we must rejoice.

    IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.

    We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.

    IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.

    Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.

    Team IV





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  • rxk2303
    08-09 05:05 PM
    No, I didn't go out of the country for stamping, coz i was under the impression that my visa was Change of Status from L-1 to H-1. Only now, i could find from the immigration lawyer that i don't have a valid I-94. My employer was napping too, all this while.





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  • antihero
    04-12 09:19 AM
    Come to think of it, this idea has potential to fly. We can ask CIS to make the date of I-140 filing as the PD for substituted labor case. This will ensure that PD will move forward smoothly till July 07 at least. That will cover most of the long standing ( and long suffering) GC applicants and bring them relief. This will not have any other impact on the number of outstanding apps or available visa numbers etc. I guess this change in PD assignment logic can be done by CIS without the need of any new legislation.

    The idea inherently appeals to those who believe in fair play. How do we take this forward.

    I do agree with you, USCIS honors the old PD on the Labor, not the I-140 filing date.

    Dont know the exact rule on the labor substitution cases, but i know for sure people who applied in 2007 with old sub labor PDs from 2000 and 2001 received their GCs. I would simply call them lucky as they found the Employers who took advantagfe of the sub labor rule and filed their petitions before the sunset date of July 16th 2007.

    Lets hope USCIS do their job and approves only the genuine lab sub cases.

    For rest of us who were the victims of backlog elimination centre and then the stupid July 2007 fiasco of making very EB category current, its just our bad luck, in backlog centre too DoL processed our apps out of order and now USCIS doing the same thing.





    kondur_007
    08-21 07:05 PM
    I don't realize why should anyone blame cableching...??

    It seems to me that he just shared the information that he got and the way he understood. Would anyone else have done it any differently?

    I dont think it really matters whether they have used up all visas now vs at the end of sept. Because, there were "X" number of visas to be given out and so "X" number of applicants would be chosen randomly (USCIS Lottery style..:p) and that happend...

    If at all, this is a good news, that they actually finished this lottery process and so nothing will go to waste...(It would be too bad if california Lotto comes out with a winner number ticket that does not belong to anyone!!!)

    And, we will never know whether this news is true or it is a misunderstanding on the part of cableching or the IO lady. (I personally dont think either of them are lying...but it could be a misunderstanding, especially with regard to category EB3 vs EB2). Regardless whether it is ture or a misunderstanding, we will see approvals coming through over next several months. (Just like what happened in June 07). So it is quilte likely that many of the waiting people would get their GCs if their names is picked up in the lottery!! So good luck to all...

    I also believe that such memo WILL need to be sent out to all USCIS local offices as they do process some applications in some cases (with interviews etc...) and they do need to know if all the numbers are exhausted.





    bijalrs
    12-19 11:15 AM
    BijalRs - Contributed $50 just now.

    Com'on guys. I make less than $1000 per paycheck (< 30K per year) and yet I am willing to part with $50 to support IV. I am sure many of you make at least twice my salary.

    Please contribute to IV and help yourselves in obtaining your GCs faster than the projected 10-12 year current wait time due to retrogression.