Wednesday, June 8, 2011

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  • RNGC
    02-12 10:03 AM
    How about we greet Obama on President's day ?

    Lets all send a Congratulations greeting card on the President day and mention "ImmigrationVoice.org" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....

    Admins - Is this a good idea, can we make this a action item ?





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  • a_yaja
    01-16 11:44 AM
    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.

    The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.





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  • v_javans
    09-07 09:43 AM
    Hi All,

    Friends, I have few questions regarding EB2 category and need your help & advice.

    What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.

    Thanks in advance for your time.

    Regards,
    javans.





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  • mrow
    07-07 10:21 PM
    My thoughts:

    My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.

    You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.



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  • kart2007
    11-18 07:55 PM
    its down, so .. so what? how does it matter?

    Did you even read my first post?

    No one would like their documents delivered to a wrong address, sent back and lost in mail etc?





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  • garybanz
    09-27 10:09 AM
    485 and FP will have same receipt number, you should get 3 recipt numbers for each (485, AP and EAD) ..
    We have

    1 LIN Receipt number for 485 (and FP)
    2 LIN Receipt numbers for EAD
    2 LIN Receipt numbers for AP
    total of - 5 receipt numbers.



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  • piyu7444
    04-07 07:10 PM
    Hi Friends.
    I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
    Some tips if it may be helpful to others , that I recently expereinced

    1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
    2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
    3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)

    All the best to everyone.
    Congratulations and thanks for the tips. This can be helpful to a lot of people.......





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  • sankap
    07-05 03:36 PM
    "Quote: source/link always.....please"

    The article's source and links are listed in the original post.



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  • desiron
    08-08 08:56 PM
    I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

    Thanks





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  • willigetagc
    07-17 09:29 AM
    Not entirely accurate. H visas have dual intent. You can tell them you will go on H1 and eventually get a GC and citizenship and the consulate cant do a thing. But if you are going for a tourist visa, then they will deny it. (But dont go and actually try saying something like that... you never know)

    Secondly, in the past filing LC was not proof of Immigration intent. It was I-140. I dont know what it is with PERM. But look at it this way, the first GC related document that reaches USCIS with your signature and name is the actual proof of intent. I wonder if that is still your I-140 application.



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  • aachoo
    03-18 10:06 PM
    What happens if your W2 is higher then the prevailing wage? Like $22K higher?


    Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.

    -a





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  • amitps
    09-23 09:32 PM
    I am a 7/27 filer and my checks got cashed on Friday. So, do not worry there are a lot of people who have not got their notices.



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  • augustus
    06-19 01:56 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





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  • vin13
    10-09 05:06 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......



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  • kondur_007
    09-24 01:30 PM
    Hi,

    I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?

    Please let me know. Thanks for your help.

    I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:

    THIS MAY BE A PROBLEM.

    When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).

    I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.

    Good Luck.





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  • msp1976
    01-09 03:31 PM
    1. Do I Need an airport transit visa since iam travelling via France ?
    Depends on the airline..Air India would let you board...Other airlines may not allow you to board.I have heard of cases some people getting sent back from airport.Do not know anyone firsthand..Air India told my wife that they would not deny boarding and anything happens in Paris that is her risk.She got the transit visa from french consulate just to be on the safer side...noone came to check it when plane at paris.

    2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
    Faster in US in India consulate that in India offices..At least NY is fast

    3. Can I travel with an expired H4 visa ?
    The only requirement for exiting the US is I-94...Usually they just take it and not even look at it....You can travel to a destination outside US...They would let you leave...No coming back without valid visa..

    You can travel inside the US...Just keep the USCIS application receipt copy with you....You can show that copy as proof that you are making attempts to maintain legal status..



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  • desiron
    08-08 08:56 PM
    I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

    Thanks





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  • inskrish
    09-05 11:18 AM
    Hi,

    USCIS online status is not reliable. So, getting an Infopass appointment would help you get the actual case status. Best of luck!





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  • simple1
    09-09 03:48 PM
    A while back, I saw a post saying PD substitution doesn’t work smoothly most of the time (sorry, I dont remember the site).

    I also heard (from another person) that for association with I485; the substituted PERM/labor must have an approved I140 that is not revoked or (labor) reassigned (to some one else). Not sure when AC21 180 day clock starts( for immunity from revoked I140). from I485 or from substitution date ?

    Not sure if it is true.

    I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.

    I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.

    Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).

    two contrary pieces of information from a govt agency!!

    Anyone with similar experience

    I am sick of this USCIS !





    helpful_leo
    02-10 02:28 PM
    Berkleybee

    I have done as you suggested. The thread is "PACE amendment suggestions"
    http://immigrationvoice.org/forum/showthread.php?t=151

    Your input and suggestions are welcome, as is a formal word from IV.





    qplearn
    12-19 10:44 AM
    I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.

    Sen.'s office in DC
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Tel: 202-224-2934
    Fax: 202-228-2856
    Good to know that. Actually, I have never called his office! I am doing that right away...



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