Wednesday, June 15, 2011

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  • freetospeak
    07-18 07:17 PM
    Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same




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  • funny
    09-16 01:25 PM
    Just cut short that Coffee/Tea/water break around the water cooler and make those calls today...




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  • gc_chahiye
    11-13 12:11 PM
    after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..

    i am not a lawyer

    provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.




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  • pappu
    02-18 10:20 AM
    The flyer created by NJ chapter has been uploaded in the resources section

    Flyer_2007 version (word file)

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=22&Itemid=36&mosmsg=Item+succesfully+saved.



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  • GCBy3000
    08-24 11:32 AM
    I dont think people who are affected by retrogression are living life with some principles. If they are in this situation, itis because of their own decisions. Again as redcard said, coming here on F1 is for study and not for GC. Coming here in H1B is for work and not soley for GC. May be the individual knows in advance there is possibility of getting one.

    Doing MS or PhD, you could very well do in your home country. Why did you choose US on first place. I have seen people who are unable to get H1b, getting F1 and coming to US. By the way I am not blaming all F1's here. . By doing MS or PhD, your original intention of coming to US is well achieved. Then if you decide to go into H1, then you join the people who are here in H1 irrespective of their degrees. Intention of H1 is to work and sometimes even to apply for GC. So cribbing too much on having a MS is not good.

    I bet there will be a huge number of people if given an opportunity to get pre-approved labor, they will get it somehow. You and I did not come across one.

    Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help




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  • Hassan11
    09-07 11:44 AM
    I posted this question almost a month agao with no response. can anybody help?? I am stuck........
    Hi

    I have a question regarding an appeal I did a year ago for a rejected LC.

    I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks



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  • whoever
    01-31 02:46 PM
    how can one get copy of i140? does it not belong to the company?




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  • aph0025
    11-12 12:21 PM
    From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.

    That's a good point as well. I am planning to go in for premium processing on the safer side. But, if there is a query for pay stubs, they would require my previous employer's pay stubs right (the one from whom I am transferring my H1B visa to begin with)? I hope you are right, and my assumption is wrong. Looking at the responses, a lot is dependant on the immigration officer.



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  • reddymjm
    12-04 04:52 PM
    I am also flying to Chennai in 2 days.




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  • santa123
    09-05 12:12 AM
    LOL at this thread:D



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  • WillIWin?
    08-13 02:09 PM
    I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.

    # of possible H1Bs = 85k (65k + 20k)
    Fees (additional) = $2000
    Total Fees = $170 million ($2k x 85k)

    The fee increase is for 4 years = (2010-2014)

    GRAND Total = $680 million ($170 million x 4)




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  • rongha_2000
    10-02 11:23 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?


    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.



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  • Edison99
    09-23 06:57 AM
    What a foresight�

    Corporations save more than 10K.. It doesn't work..

    Average cost of employment in US for high tech is around 90$ per hour and social security
    percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.

    These companies actually pay far less than 90$ for offshore resources..

    Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:

    It will also be passed in an unanimous consent by both parties..




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  • keerthi
    05-13 03:32 PM
    Thanks again.

    I will consider the L1-A during the re-filing. Any idea on how long it will take to get the petition approved if I re-file by this month?

    The USCIS processing times indicate a 2 month backlog for I-129 petitions.



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  • franklin
    02-09 01:01 AM
    emailed the reporter to thank him of his support and give him more info on IV and their efforts and details on the IV agenda.

    I also emailed moveon.org, and asked for their help




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  • shamu
    01-12 12:37 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks

    That is not correct, don't do this.

    talk to attorney.

    good luck to you.



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  • RamBharose
    03-13 06:34 PM
    hey kris

    i really wanted to know if it was illegla before reporting someone, you can refer to jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
    And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
    I wasnt sure and i didnt know how to go about it.

    try to follow law in its technicality and spirit. A lot of us may face delay in their app processing for uscis to figure out fraudsters among us. We should keep our program defensible not only in the court of law but also in the court of (american) public opinion.




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  • Libra
    11-15 11:32 AM
    bumping....




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  • nashim
    09-03 09:01 AM
    Yes, medical forms been changed. Please refer USCIS site for correct form. It is valid for one year but form should be correct.

    Here are the details:

    http://immigration-law.com/
    07/13/2008: USCIS Changes Old Medical Form, I-693, Invalid Date from 07/14/2008 to 08/01/2008
    � Medical form which the USCIS designated civil surgeon is required to use was initially revised on 04/08/2008, followed by the USCIS announcement that any I-693 form version earlier than 04/08/2008 should not be used by the civil surgens from May 1, 2008. In the middle of June, the USCIS released again new version form dated 06/05/2008 and announced that the old version other than 06/05/2008 should not be used effective 07/14/2008. July 14, 2008 is tomorrow. However, without a news release, the USCIS form site extended invalid date of forms earlier than 06/05/2008 to 08/01/2008. Please now note that "Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition," according to the form site instruction.
    � There was a confusion in June 2008 on the validity of older version form I-9 because the USCIS form site instructed that the older version was not acceptable from certain date. In Vancouver, the USCIS authority confirmed that the form instruction was an error and the USCIS form instruction has since been corrected. It will help tremendously if the USCIS releases an announcement that the current I-693 form instruction is indeed correct and the civil surgeons can use the I-693 forms which are older than 06/05/2008 version can still be used. In the meantime, the civil surgeons and the immigrants should check on the date of the medical examination with the I-693 form site to protect themselves from any changes. The form site indicates that the information was updated on June 26, 2008. One wonders whether the civil surgeons may be better off to start using the 06/05/2008 version form from even now just to avoid any confusion in the future. For the new form instruction as of today, please click here.
    � There was a report one time that the USCIS was experiencing a problem in notifying all the USCIS certified civil surgeons on the form changes by email or other means because some civil surgeons did not have email addresses or proper means to receive such notices quickly. When the 2008 Tuberculosis Technical Instructions for Civil Surgeons was implemented by the Center for Disease Control and Prevension of HHS in such a notice on May 1, 2008, it could have been practically impossible for the USCIS to notify such medical form changes timely to every single USCIS certified civil surgeons. Well, doctors, you now have until August 1, 2008 to comply with the new medical form!
    � This change can be important that because of the EB-2 visa number progression for the Chinese and Indians, a large number of these foreign professionals must have already scheduled or even completed a medical examination for themselves and their family members using the older versions. Under the new instruction, these medical report should be valid and filed with the I-485 coming August 2008. However, those who schedule their 485 medical examination on or after August 1, 2008 should make it sure that the doctor uses the new version dated 06/05/2008.




    shreekarthik
    06-10 05:56 PM
    Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?

    They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.




    chanduv23
    05-11 12:00 PM
    This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.

    If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.

    There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
    and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.

    Will do that Pappu, thanks.



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