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  • smuggymba
    11-09 04:02 PM
    BS post. How the hell is it related to immigration. Use other websites for this.




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  • kondur_007
    10-30 12:17 PM
    Thanks for your reply it was helpful.

    BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..

    Srh1: Please read my comments in the above two threads (thread links posted by bluez). I tried to summarize everything there.

    As far as your above question is concerned: You will be just fine even if you are on and off the payroll (especially if the empolyer does not have the project for some time...meaning that on and off was triggerred by the employer); because it still shows YOUR intention to stay with the employer.

    Feel free to ask any further questions (after going through above two threads) if you need any further info...I am not a lawyer but I will be happy to share what I know.

    Good Luck.




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  • Munna Bhai
    04-27 11:41 AM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.

    Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.

    Hope this helps.




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  • vasu009
    07-17 02:47 PM
    [QUOTE=gsc999]--
    I couldn't help post a reply. I was trying not to add to the buzy server traffic.

    Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.

    Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.[I agree with you sir, Every body is aware that all of us are stressed, but please take a moment before starting a thread and the validity of the news/QUOTE]



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  • mbartosik
    11-08 03:33 PM
    It looks like this including dependents -- good news.

    According to:
    http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf

    there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).

    quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."

    So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.




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  • GoneSouth
    09-07 12:45 PM
    But how did you manage to justify that you have enough knowledge/experience for that job. Did you use any particular course material or project work or anything of that kind against some one who applied for your ad ?
    In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.

    you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.



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  • GC_1000Watt
    01-24 09:05 PM
    Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.

    USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.

    1. If my employer is filing new H1 application why i should go with premium processing? why not regular.

    2. Am i out of status now?.

    3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.

    Thanks in advance.


    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.




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  • glus
    03-19 11:40 AM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu

    OK,
    I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
    -contact your senator
    -if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
    USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.

    If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.



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  • jhaalaa
    04-05 09:17 PM
    I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
    >> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    Can someone please answer my questions?

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
    >> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).

    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    >> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
    >> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
    >> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.

    Hope the above helps.

    Best Wishes for all.




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  • RSM1444
    10-14 04:29 PM
    Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)



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  • walking_dude
    01-30 11:38 AM
    Media coverage of the situation faced by Highly-skilled immigrants has been negligible or nil. As a result many of the lawmakers are unaware of the situation faced by us. IV has come forward to make a Press Release on our behalf to educate the media on the impact of the issue on our community.

    Now that IV has done it's part and issued a Press Release outlining the issues faced by highly-skilled employment immigrants in Michigan, onus is on MI members, and others, to call upon the MI newspapers and media to cover our issues as outlined in the press release.

    I request all MI members, and others, to call up and/or E-mail the newspapers urging them to feature a newstory covering the issues faced by our community citing IV PR as the source. We are also in the process of collecting and collating stories from people who were rejected licences due to the new rule.

    If we can get our stories to the media it will provide publicity to our issues and get noticed by Michigan lawmakers while deciding on the new law. Hence it's really crticial for all of us to participate and make this action item a success story.

    Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.



    Dear Editor,

    I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.

    As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.

    http://www.prweb.com/releases/2008/1/prweb661904.htm

    I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org

    Sincerely,
    xxxx

    <<name>>
    <<address>>
    <<phone>>





    IV Press Release - http://www.prweb.com/releases/2008/1/prweb661904.htm

    IV update on the Press Release - http://immigrationvoice.org/forum/showpost.php?p=218184&postcount=30

    Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers




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  • gc_kaavaali
    06-14 02:04 PM
    Do not worry too much if your sister is innocent. Tell your family and sisters also. Keep faith. Investigation will be honest. Nothing will impact (including GC) if your sister is innocent.


    Hi Friends,
    This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.

    Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.

    My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
    We know she is genuine and did not do anything but my question is any problem in green card process?.

    How to prove my sister is not commited such kind of activity. Please try to help me on this

    Thanks
    Ramkrishna



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  • amitk81
    12-10 02:35 PM
    Is it possible to share your sources for the same.
    thanks
    Amit




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  • surabhi
    04-08 05:24 AM
    This is serious and could affect quite a few.

    Summary: you could be affected if ALL of the folllowing is true

    1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
    2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
    3) your original employer has used your labor to subsititute some on else ( before July 16,2007)

    Remember you are affected even though you are the original beneficiary.

    How did this case happen?

    This happend because USCIS not following LIFO processing

    1. The original applicat applied labor in April 2001
    2. Labor approved in Jan 2002
    3. Original applicant applied I-140 in April 2002
    4. i-140 approved in July 2002
    5. Original applicant applies for I-485 in Dec 2002

    In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21

    Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140

    The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.

    So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)

    Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.

    I feel for the original applicant. She played by rules all along, but got screwed anyway

    Now you can see the chances of your case being caught in similar circumstrances

    1. You are EB3, India/China with PD around 2002/2003
    2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
    3. You left your original employer before July 2007
    4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
    5. that other person also filed for I-1485
    6. Now its a timebomb waiting to explode



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  • bank_king2003
    04-21 11:29 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...




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  • gauravster
    12-03 09:25 AM
    One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.

    You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.



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  • ab2k7
    07-07 03:34 PM
    Thanks map boiler for your pointer which led me to a random job ad having the same language

    www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?job_did=J3F5MH5VP06PTJ168PR

    "Job is in Jackson, MS. May work at one or more unanticipated locations."

    I guess you are referring to the same.

    I'll check with my attorney. Is it possible to know about the original job ad used for LC or is it also mentioned in the approved LC?

    It intrigues me that there are not many members here in a similar situation i.e consultants moving to new city/state while continuing GC process. Or may be the response is not much as this part of the forum is not accessed much by many members.

    Thanks in advance for any one else facing/know a similar situation first hand that chimes in. :)




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  • dbevis
    March 15th, 2004, 11:28 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary
    Yeah, saw that on the news, too. My card has a hologram over the last 4 digits which should help foil (oooh, bad pun) this type of thing. Heck unless the light's just right I can't always read it. :)

    I did hear one report where they got a robber's license plate from someone's cam-phone, so there's a good aspect to them, too.




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  • newuser
    10-07 07:56 PM
    Keep a copy of your paystub at your work place
    PS: Official comes from DHS to your office not your home

    Moreover how hard it is to keep a copy of your paystub at your desk

    Its not a matter of piece of paper. What's the guarntee that they make not start asking
    W2's, exp letters, passport copy, approval letter's etc.




    kirupa
    03-31 01:56 PM
    I e-mailed my colleague (http://blog.sunnypixels.com/) who worked on this, and she suggested checking the PDF compatibility button before exporting. Does your file have that option?

    Thanks,
    Kirupa :)




    jbr
    02-27 06:55 PM
    Not sure if the conference call mentioned in the previous post has already been held. I wouldn't mind joining in future calls. Thanks.



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