Monday, June 13, 2011

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  • RNGC
    07-01 04:36 PM
    The EM immigration is just a mess....Basically a bunch of congressmen discussed about it and created some rules!

    Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.

    I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.

    We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!

    I am just sick and tired!





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  • Raj Iyer
    09-13 06:28 PM
    Hi:
    This will also not qualify under EB-2. Your underlying bachelor's degree has to be 4 years equivalent to a U.S. bachelor's degree. secondly, 4-6 experience is not the same as 5 years of progressive experience.





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  • kaisersose
    07-26 11:14 AM
    I havenot received the I-485 receipt yet , is it mandatory?

    I would think so. Better to wait for a couple of weeks and apply for your EAD along with the 485 receipt.





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  • gcdeena
    01-29 03:13 PM
    try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

    Posting this info. provided by some one in this forum long time back.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

    Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

    Some of the standard questions:
    1) Name check Status ?
    2) Background Check Status ?
    3) Has it been assigned to an officer ?
    4) When can I expect to get some updates on my case ?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?

    Ofcourse, we all are aware of the standard response we get.



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  • hmehta
    08-08 01:49 PM
    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!

    :(
    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.





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  • student79
    04-21 01:19 PM
    We are doing COS here only.

    your H4 will not impact even if any case your F1 denied, you will be still safe and remain on H4 only.



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  • mallickarjunreddy
    07-05 04:43 PM
    labor Substitution ....Heloooo!!!!

    Hey its give and take rite , if he bought the labor and or abused the system
    it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank





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  • ds37
    02-04 03:31 PM
    Hi

    I think THey can not use spillover untill last quarter, as all the math is done for the whole yearand than applied monthly on a pro-rata basis. I n theory if they spill over each quarter and a huge (unrealistic but theoritically possible) demand devlopes in the last quarter they will be doomed so wait for the last quarter and see the magic(if any).

    Thanks

    DS



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  • seekingadvice
    12-07 03:10 PM
    Hi Everyone,

    We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.

    The thing is my husbnad is on H1 & me on H4.
    His H1 was getting expired in Jan07 & has been extended till May08.
    His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).

    We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.

    Questions:-

    1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?

    If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.

    2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?

    3) Will appointment be available in Feb or we r too late ?

    We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.

    Thanx in advance.:)





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  • lord_labaku
    10-23 12:19 PM
    so brooklyn then?



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  • lonedesi
    01-28 09:15 PM
    Great- It sounds like at least one person joined.....Any more takers of this pledge?>

    Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?

    Let's do this one member at a time......


    Viva,
    I have setup a recurring contribution from my checking account and IV will receive $20/month starting this month until we acheive our goal.

    Thanks





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  • Rockford
    07-16 12:39 PM
    I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?

    Thanks

    Can you share your PD and when did you file I485 ?



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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.





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  • mashu
    08-10 01:58 PM
    I was in the RFE situation as well when I140 Premium (EB3) has been filed.
    They asked tax returns of my company for last 2 years. The only thing I want to add to previuos posts, that your lawyer should hurry up with an answer - I remember that in my case i 72 hours to respond have been given. After receiving additional docs, they approved it in 1 or 2 days.



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  • WillIBLucky
    06-20 08:37 AM
    You can take photo any where you want as long as you meet their photo specs.
    If you have AAA membership try it... You will get it for free.
    Can you detail how to get the photos taken from AAA?

    Where do you need to go for the pics taken?





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  • sertasheep
    05-30 05:14 PM
    Thats great news, berkeleybee. You should probably point out that several members may have contributed hundreds or even thousands of dollars,
    (including the core team.)

    This is a great achievement. I deeply respect the involvement and the efforts of the core team members.

    :)



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  • st4rguitar
    04-06 02:02 PM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,

    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.





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  • authrd
    07-26 02:13 PM
    assuming you don't have all your I-94s and I797s,

    having W-2s/paystubs for all the years is enough to prove that you have always been in status?





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  • rjgleason
    February 27th, 2004, 07:45 AM
    I cannot possibly comment bob...

    but I do get noticed in this country...

    hehe

    http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg

    Sure you can...........and sure you do.





    9411b
    12-04 03:28 PM
    Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.

    RD=7/23/07
    Notice Dae =9/19/07

    on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.

    FP notice received and done in January 2008.

    Yes, we need to do something to help us.

    JJ





    kdotp
    04-22 02:48 PM
    Extension..No RFE, working for a consulting company(250+ employees) for last 3 yrs.



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