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  • mrajatish
    09-17 12:11 PM
    Oh one more thing I want to add - I do not know of a anyone who have kept the same title and the same job description for more than 5 years(other than doctors :)), have you guys heard of any? This is more scary as you wait for 7 years and then get laid off and then start from scratch again. At least, with family based, you will get GC after 10-11 years.




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  • boston_gc
    01-26 04:07 PM
    I think it will be follish for any political party to not pay attention to Latino power. Mr. Obama won election with their support. For some reason, Latino group has not come forward so far to say that no CIR would mean no support to the party. I think if Latinos and all other interest groups come together, we may have a chance. Otherwise, I agree it is going tobe a while....:mad:

    The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.




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  • Desertfox
    04-27 11:15 PM
    I see the following in the USCIS website:

    "Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."

    Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?

    You can definitely efile. I did not apply for EAD with my I-485 during July VB fiasco, but I efiled with the new filing fee in September 07 and got it approved in 2 months.




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  • meridiani.planum
    12-13 06:26 PM
    you are a sheer genius (or should I say genie-ASS).

    Yesterday you posted a link from Murthys website:
    http://immigrationvoice.org/forum/showthread.php?t=16081
    got beatings for that. Went away for a while. Now you come back with a posting from Mathhew Oh's website.
    In neither case you posted a link to where you go the information from (also removed the copyright notice that Murthy puts up on all her postings), act as if its some "breaking news" when we have all read it ages ago, and are barely recovering from the hangover.
    You are probably expecting flowers, but will receive brickbats. Again.



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  • neha_garg123
    01-07 10:09 PM
    I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
    I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
    Now do I make some sense?




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  • kondur_007
    03-29 09:12 PM
    Thanks you very much for the reply.I appreciate.
    Yes, Thats perfectly right.
    Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).

    Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.

    I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).

    So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),

    Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)



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  • Siboo
    07-30 03:47 PM
    but you need to improve

    Take it as fun...:D




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  • number30
    04-15 11:20 AM
    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?

    Can you explain what did you fake and where did you fake? In most of the cases which invovles employee augmentation kind of jobs , consulting company is the one which submits the resume. So you may not know what he is putting on your resume.



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  • GoneSouth
    03-14 05:48 PM
    You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]

    If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.

    - gs




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  • angelfire76
    10-05 01:11 PM
    As I've been hearing different versions of this conference call.

    1. Expect further retrogressions on the visa bulletins

    This is common among all versions

    2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"

    3. Do not expect premium processing to be re-instated for I-140s for a while

    Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.

    7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

    Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(

    9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
    PERM audits started beginning October 2006.

    12. New PERM form on March 28, 2008

    13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.

    Nothing new. This law was introduced on July 16th by DOL.

    14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

    Work site enforcement of employers who have petitioned as H1-B dependent.


    16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

    Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?

    17. The US consulates and CBP are Googling you!

    This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:



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  • lostinbeta
    10-20 10:48 PM
    Censoring yourself now dan?




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  • jsb
    01-08 03:49 PM
    Can someone please clarify
    i know there is always risk involved ....

    If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????

    With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.

    Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.



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  • HereIComeGC
    03-26 02:54 PM
    That I agree, I should say it was some what an exaggeration when I said I could predict NASDAQ ...

    But son't you guys think that this uncertainty also adds to the excitement of life here for us? Don't get me wrong ... just sharing a perspective here! Even I want my GC as desperately as any of us :)

    I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"




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  • brb2
    04-06 07:54 AM
    People over 5 years will be eligible to apply for green cards after 6 years! This bill puts illegals in the place where they should be put, and I would not call it amenesty by any measure.

    With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.

    IMHO, this bill amounts to saying,
    1. Let's legalize some of the illegals
    2. Let's push the the rest of the problem away for another 10-12 years
    3. A compromise

    But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?



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  • kandhu
    01-02 02:27 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    Welcome to the GC journey!

    My GUESS is atleast 5 to 8 years with the current laws.
    (I may be too optimisic. It may be even 10+ years !)

    I know one of the things that IV is figting for is to apply for I485 even when the dates are not current. (This is just one of the many things that IV is fighting for. Review the below thread for detailed info)
    http://immigrationvoice.org/forum/showthread.php?t=16298&highlight=year

    So please continue to Support & Contribute to IV.

    Hope you have a less wait time.




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  • inspectorfox
    07-22 09:20 PM
    No big deal man...mine was approved in 2 days from NSC..;)

    I think you guys just got lucky and should stop yapping!

    There are many individuals who are stuck in Security/Background checks in the I-140 stage even with premium processing for almost a year.



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  • bipin
    03-18 12:44 PM
    Answers to your Questions:

    My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.

    And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)

    Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.

    My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.

    Cany Any Attorney/Member suggest?

    Dear Friend,
    We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.




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  • casinoroyale
    01-07 11:47 AM
    Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".




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  • pappu
    09-14 02:36 PM
    http://ebcmyspice.com/Radio/WebPages/LiveRadio.aspx

    at 4 PM EST
    call 732-297-9886 and ask questions

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    We also have another interesting interview coming up. We will announce it later. This one will be not worth missing.

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    BTW: you will now hear some IV ads on this radio station. Thanks to the member LOL123 who suggested this and we followed up. Thanks for all the media budget contributions. We are going to do more publicity efforts.




    Templarian
    04-23 07:01 PM
    ^Don't lie to him. Spyrl your going to need to remove your current DX9 card or DX10 card and put in a DX7 when your testing.

    for real though, all DX10 cards are backwards compatible with DX9L. SDL is pretty much compatible with everything your heart will ever want.




    funny
    01-29 06:30 PM
    Sam thing happened with my wife, USCIS denied her I131 saying they have already approved the 485 so no need for I131. My lawyer thinks that this was a mistake from USCIS and we applied for her I131 again.

    Hope this helps.

    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

    Some help here will be highly appreciated��.thanks in advance



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