Monday, June 20, 2011

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  • buehler
    07-13 02:44 PM
    Accepting I-485 without PD current also needs legislation...if you don't know about that already !

    Can you please post the source for this information?





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  • apahilaj
    05-14 06:58 PM
    Just a quick update

    Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.

    So the mailing address to Mesquite, TX turned out to be the correct location for me to file...





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  • IntezarGCKA
    02-22 03:30 PM
    Democrats want to win Presidential election and increase their numbers in congress based on Iraq and Immigration. They are thinking that if CIR is passed they can project that it is Democratic congress which passed CIR. If they fail they will blame that Republicans voted against and they will make this as election issue. They are thinking in that way. But it will not work. People are against big immigration numbers but they will not oppose moderate immigration increase. But American people are divided when it comes to illegal immigration. If any other issue is burning then immigration will become non issue and democrats will not get any extra votes because of CIR. But liberal immigration is not good for Labor unions(we know democrats are pro-labor also) so that may work against Democrats. Right now it is not sure whether parties are really dedicated to pass CIR or Just for making immigration alive to get political mileage.

    We all come to this site and give our interpretation of the situation, but the whole situation is so funny isnt it.

    A writes something then b responds, c comes in an says something but the finally nothing is achieved.

    The congressmen do what they want, our effort of conversation is useless.
    We should come together and raise our voice somewhere were it can be heard.

    I dont think by sending emails to these congressmen about our situation will be that effective, most of them dont know or dont care. We should come out onto the constitution ave in DC and let our voice be heard by the masses, then the media will know, the common man will know, the companies will know, the congressmen will know, this will also help the lobbyists to fight for our reforms who benefit more than us.

    I joined recently but I am sorry to say that by donations from people, a few people IV core cannot lobby our issues. There are lot of us who are suffering, even 200 people on washington ave will effect. Slowly more will join,

    I hope





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  • waitingnwaiting
    05-09 08:11 AM
    All your friends who got 221G are not telling you the truth. Was all their paperwork complete and ok? Probably not. No friend will admit their mistake and fraud. So they are telling you half story and blaming it on others. 221G is a good thing. It shows government is looking at possibe fraud and security risk seriously. National security is very important and highest priority for us living in US. H1B visa as a whole got a bad name due to fraud. It is not just employers but employees are also responsible for it. Employees are not illiterate or dumb to not understand any fraud. I wish more serious work is done by the government on every greencard application. If the system has clean cases, no anti-immigrant will point any finger and say the whole H1B system is bad.



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  • a_yaja
    09-18 06:27 PM
    I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!

    C'mon...Guys, come to Ohio..you will get DL for 4 years..

    Where did you get your DL renewed for 4 yrs? Mine was renewed only till my I-94 validity period.





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  • go_guy123
    01-30 01:08 AM
    against the mouse, press it against your forehead and think about the benifits that you milked from this country".

    Lot of people didnt milk much benefits....only people who came on F1 and worked as RA/TA probably "milked"
    from US

    Rest who were working on H1B paid all the taxes same as any american and
    got no returns for it.

    A whole lot of people milked from "H1B" workers

    As a matter of fact H1B worked for far lower wages than the market forces
    would decide thereby keeping the cost of IT infrastructure support for the
    financial services, insurance, retail etc low just as mexicans work for
    below min wages to keep the cost of maintaining the infrastructure low.

    Corporate America knows this and thats why they always shout for H1B
    shortage , they NEVER shout for EB visa shortage or just do a lip service
    because it looks bad.



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  • Dhundhun
    08-05 05:34 PM
    PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.

    For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.

    I am not sure about (2A) cases.





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  • matreen
    06-07 10:12 AM
    I have filed through lawyer on 4/23 and my ead expiring on 7/23. After one week of filing I have receiving receipt notice saying we received your application and if biometrics required we will let you know in separate mail but so far I have received any update neither change like LUD.

    I have done my biometrics in 9/2009 and I am not sure if I need to do it again for ead renewal.

    I have my lawyer contacted CIS and CIS said it may not required biometrics but she was not 100% sure and said she will put a follow up request on my file.

    I am not sure what to do? my driver license gets expired with my EAD and will lots of pain if I don't get it on-time?

    IV any help or suggestions to come across with this problem?

    Matt



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  • hydboy77
    06-04 12:44 AM
    Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    I recived my I485 approval on May 30th after 10 years coming into this country.
    I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.

    So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.

    My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.

    I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.

    I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.





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  • wonderlust
    09-19 10:16 PM
    I was with Swede and the Polish guy at the rally. I myself chose IV over other organization precisely because the diversity and the common ground IV embraces--they represent the true American Dream and the fundation of Democracy.

    The diversity: IV was initially established by a group of Indians, but it has a welcoming attitudes toward anyone who has suffered, is still suffering, and will suffer from the broken system.

    The common ground: IV clearly estabishes that English is the language for the forum (at least the main forum). By setting the language, the IV sends a message of welcome to all who share the American Dream. By including individuals across countries of origin, IV recognizes the nature of the Great Melting-pot and shows that we have the ability to be inclusive, tolerant, and work together on a democratic basis.

    Let's make efforts to mobilize people across countries of origin and work towards success! KEEP IV STRONG!



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  • Pallavi79
    02-14 11:09 AM
    If you have paystubs, you can send paystubs, w2s to IRS. He will be behind bars forever in days.





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  • niceguy
    05-11 03:37 PM
    nchendica:
    Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.

    You can email me the details to gcperm@gmail.com

    thanks in advance.



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  • vardinishankar
    03-02 01:06 PM
    My case is as detailed below, and my questions follow:

    PD: July 2007, EB2 (India), Software field
    Labor, I-140: Approved, I-485 etc. NOT filed.
    H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
    Currently outside US, NOT working for the H1 sponsoring employer.
    My employer has NOT revoked my H1 or I-140.
    I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.

    I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:

    (Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
    1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
    2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
    3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
    4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
    5) if yes, will my PD of July 2007 be maintained?

    (Different employer, as Indian citizen, knowing that I am currently out of the US):
    6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
    7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
    8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?

    If I become a Canadian Citizen:
    9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
    10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?

    Also:
    11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
    12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
    13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?

    Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.





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  • addsf345
    11-09 01:48 AM
    You forgot the lawyers. How does it affect them? They are an important part of any law when written or changed.

    Though there is no charge to revoke I-140 from CIS, corporate lawyers do charge money and that makes it in their interest to convince & pursue HR ppl to do so.:(



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  • kommisetty
    08-21 03:21 PM
    Even though i didn't get my GC yet this info is helpful.;)

    PD : 2005 Oct. I-485 Still pending :confused:
    Hi guys,
    ...
    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    I just put it here so that everyone would not have to try the link and may be this information is useful to someone.

    Good Luck.





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  • dixie
    09-27 03:11 PM
    I think its just a stereotype that Switzerland is known only for tourism. As new_Phd pointed out, it does have very good universities conducting leading edge research. And they do have substantial immigration, although it is primarily for eastern europe.
    The likes of Finland and Denmark do surprise me though.
    I wonder the reasons for Switzerland to be #1. Its a small country with minimal immigration and not much resources. Key revenue might be from Tourism. They are not known for scientific work etc.
    ... Maybe swiss bank accounts are key to it ! ;)



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  • pd_recapturing
    10-19 02:44 PM
    My attorney usually takes time to respond but I am expecting a quick reply from him in this case. However, following link is looking useful

    http://immigrationportal.com/showthread.php?t=246375&page=2





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  • vattam
    09-29 03:29 PM
    I filed in Mid July for I-140 with NSC. the dates in the web site shows in November 2005. Are you sure the dates are currently in MAY 2006. I cannot upgrade my case to premium processing for technical reasons. IF the dates are in MAY/June, I would appreciate JAnilsal if you can reconfirm them.


    Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.

    I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.

    Atleast you are able to file it, then why are you restless? Go have a beer!





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  • coopheal
    10-14 04:48 PM
    USCIS predicts retrogression as they say there is a lot of cases.
    Last time when they kept on saying retrogression, they ended up make all of current. :D





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    GooblyWoobly
    09-10 02:26 PM
    Just talked to an IO. My case was filed between July 3rd and 15th at Nebraska. I didn't get the receipt # , but the IO gave it to me over phone. Surprise surprise!! The case was transferred to california service center and my rcpt is a WAC number instead of a LIN number!!

    For example, check: wac0725850164

    That's why NSC is compliant, but people haven't received notices.

    I hope this reduces some FUD. If you do not find this info useful, move on!!

    I propose a scheme where people, when posting some information that's not speculative, prefix the subject with [NS] (Non-speculation). That will help in figuring out which threads to ignore.



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