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  • kannan
    02-11 11:21 PM
    count me too





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  • saimrathi
    07-12 01:55 PM
    I used the template on one of the other threads "I am a highly skilled... " attached the program for 7/14 Rally and the two letters from Zoe.. Express posted it to Arnie and it will be delivered tomm at Sacramento... Didnt save the word doc, so I wont be able to send it across.. sorry...

    Can you send me the letter by PM or post it here? Would like to see the format. I could send one as well or fax it to him.





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  • JunRN
    06-02 06:18 PM
    What happens when a new I-140 was filed but was denied, will USCIS consider the previously approved i-140 for the AOS (i-485)?





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  • puskeygadha
    06-02 09:20 PM
    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment



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  • sgorla
    02-19 12:10 PM
    I dont believe that EB2 labor takes more time to approve than that of EB3. My labor was approved in EB2 category in less than a week.

    Yes it really IS impossible to determine which will move quicker.

    and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

    EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.





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  • Hey Ram GC
    05-05 04:22 PM
    RD is Jun 1st 07, ND is Jun 7th 07 - TSC



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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.





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  • factoryman
    07-02 02:29 AM
    IV is so diverse, and mostly anonymous. Quoting one of the greatest persons in history is fine in theroy. But please practice it.

    First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.

    I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.

    The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.

    Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.

    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"



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  • sbmallik
    06-09 03:31 PM
    What's the reason for denial? If 'ability to pay' is the reason then your employer has slim chances even for an appeal. First step is to wait for denial reason and file an MTR / Appeal. Till the I-140 gets re-instated you won't be eligible for H-1B extension on the basis of your labor certification.

    Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.





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  • wandmaker
    10-12 04:25 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.



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  • msyedy
    01-08 09:24 PM
    My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
    if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck

    ************************************************** *****

    As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.

    GOOD LUCK.





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  • another one
    07-09 01:26 PM
    8 Million elderly americans live alone....

    p.s. sorry not a legal immigration issue


    I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.



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  • meridiani.planum
    07-18 11:39 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.





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  • GCNirvana007
    04-04 05:44 PM
    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    Active EAD should keep your status ok

    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return



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  • meridiani.planum
    12-31 02:07 PM
    Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.

    People come to IV because they think that there are some good people who would suggest and help.

    And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.

    And IV is an org and it at their wish and will of individual whether to contribute or not.

    so please do not force any one.

    Good luck to you.

    Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
    http://www.catb.org/~esr/faqs/smart-questions.html

    Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
    http://www.catb.org/~esr/faqs/smart-questions.html#before

    As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:

    When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.

    Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.





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  • eilsoe
    10-22 04:48 PM
    Ooohh... maybe I should try the game once more :)

    Oh wait... I can't... :*(



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  • royus77
    05-30 09:36 PM
    Please help....I am in a little bit precarious situation here...


    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?

    If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .

    Just check with the attorney before moving I just gave my advise based on my research in the forums.

    Thanks
    roy





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  • Legal_In_A_Limbo
    04-27 09:22 PM
    same happened with me, already posted on couple of other threads.

    Hi,

    My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.

    Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.





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  • uscis_prob
    07-31 06:17 PM
    Hi all,

    I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.

    the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
    They sent rfe for 5 more years despite me having Masters.
    The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
    I was not in the loop during this process. the web site is not updated too. i got denial last week.

    After talking to attorney, he filed motion to reconsider with all the proofs.

    its been 10 days, i have not received any notice of receipt yet.
    how long does it take to get a receipt.

    can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?





    delhirocks
    07-14 10:14 AM
    Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world

    To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai

    not to mention great food...korean bbq anyone





    rbalaji5
    11-16 11:55 AM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.



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