Sunday, June 19, 2011

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  • hemya
    08-18 10:17 AM
    Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.

    Approval date was July 14th




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  • gc_on_demand
    04-24 09:47 AM
    Good Question. Why no one from IV posted that yet?

    Guys

    If you recall IV posted news that there will be 3 bills in house regarding backlog. Immigration-law.com didnot even know at that time. I agree that IV didnot post about their movement on bill. IV core team might be busy on lobbying. Just wait and watch.

    Will there be two bills for STEM and allowing people to file I 485 ?




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  • chantu
    08-02 01:00 PM
    Fedex is the best. Do not use DHL ever. I got bad experience with DHL. They took a week to deliver the docs. But fedex delivered it within 2 days. Now I know, always go with fedex.




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  • nc14
    08-28 04:08 PM
    I am sure IV (which is WE) do not need sarcasm (asli_vdl_rao or what ever). Also, I think IV very much needs guys like you leoindiano and a recurring $25 contribution is not that big of a deal in the grand scheme of things. You have been a great proponent of this cause by supporting it

    What do you say leoindiano?



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  • njboy
    06-09 10:12 AM
    Imagine if it takes 3-4 years to process an H1B..the only option we'll have, is to go premium processing. That way, premium processing becomes the rule, not the exception. If they want to be really "capitalistic", they can say, how much is the H1B worker ready to pay out of their salary for the H1? 10,000 dollars a year? Shouldnt they charge us that, if they think they can get away with it? Afterall, its good old capitalism right? Everyone should be concerned about their bottom line..why not the BCIS? Im sure most of these already exploited H1B's will shell out 10K extra per year just to keep their H1's. Does that sound like a good business proposition? It does..to me. Just like people pay extra to get their mail delivered next day Fedex, the BCIS should charge us 1000$ extra if we want the H1B processed in a reasonable time, another $1000.00 to get I-130 processed etc. Why the figure of $1000.00? Was it arrived based on some calculation? Why not..$5000, or even $7000? After all, market pricing should be based on demand supply, and since H1B is marketed as a premium product, this should be reflected in the prices otherwise it will lose its brand image..right?




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  • trueguy
    08-11 02:46 PM
    Guys please vote



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  • ajay
    09-17 08:31 AM
    I also was in the same situation when I came back from India and used AP.




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  • chanduv23
    11-21 03:45 PM
    maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.

    You can do it too :)



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  • rb_248
    10-19 04:58 PM
    Friends,

    If you want to use AC21 and are worried about matching job descriptions, you may do the following:

    Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)

    Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.

    My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.

    My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.

    I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.

    PM me if you have any further questions.




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  • sac-r-ten
    07-30 02:04 PM
    Sorry to hear about your "unique" situation. I guess you should hire a attorney and talk in person, since attorneys here for not helping.
    Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
    I wish you get out of this mess soon.
    take care.
    thanks.



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  • bestia
    07-20 02:37 AM
    I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?

    Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?




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  • logiclife
    06-08 06:05 PM
    Premium processing is not against american values or any other values.

    Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.

    If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.

    Also, by that token, first-class travel is against American values? Would you rather that it go away too?

    Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.



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  • mrajatish
    03-24 04:31 PM
    I like the idea - any takers, I am ready to work with that person.




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  • thakkarbhav
    08-26 03:07 PM
    My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
    Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
    Please clarify.

    They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.



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  • paskal
    08-23 11:19 AM
    "Anything that can possibly go wrong Does"

    but:

    make your best efforts then hope for the best.
    that is the better line......

    what will happen will. no point expecting the worst. good things happen to those that do their best. we make our own destinies...hey i could go on all day...

    let's do the needful. come to DC. help with rally preparations
    if you don't have a local chapter- help organize one. otherwise join your chapter!




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  • sandy_anand
    04-07 09:25 AM
    I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam

    There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007

    Kate, do you personally know the two cases? Just curious. Thanks!



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  • Ramba
    01-08 12:09 PM
    Thanks all for the advise/comments. Mixed opinion. I was hearing that, because of Indian Rs gaining stongly aganist US$, outsourcing to India is not cheap anymore. I also informed that hiring fulltime/permanent employee in US is cheaper than outsourcing. I do not know howmuch true it is.

    IS all QA jobs are shorterm in nature? As I have already a GC, is it easy to get fulltime (longterm)/permanent job in QA?




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  • james_bond_007
    05-01 07:25 PM
    Since the stamped visa is valid till Sep 2009, you can travel without stamping the new visa. BUT it is extremely important that you show the approved H1B notice (I-797) at the port of entry. This will make sure your I-94 will be valid till 2011. You will have issues with H1B stamping / renewal if the I-94 dates are incorrect. One of my friend went thru the same situation and he has to correct the I-94 dates by going to a local immigration office.




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  • cloud 9
    08-01 11:22 AM
    is it allowed to download these?

    You can use following Firefox addon for youtube video downloads:
    https://addons.mozilla.org/en-US/firefox/addon/13990/




    India76
    06-04 09:33 AM
    Is there going to be CIR Debate in senate today?




    seahawks
    08-17 09:46 AM
    no refunds, USCIS does not work that way, checks get cashed before they work on a case. Once the checks are cashed, no refunds. The only scenario is if you fell within the cap and they wouldn't accept your application, the whole packet is returned which then will have the checks within the packet. Hope that makes sense:?



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  • indianabacklog
    06-27 08:37 AM
    Dependents do not have an A#. Only the principal applicant. You leave this box blank for the H4 holders application.




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  • Sakthisagar
    04-15 08:35 AM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless




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  • SAPGURU
    06-30 02:36 PM
    Nothing is going to happen...I think rumor is spread by AILA itself so that all people can submit the papers before 2nd July and attorneys can file the cases on 3rd before they go on July 4th vacation, Just watch nothing going to happen in July, No new bulletin.




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  • DareYouFireMe
    03-15 12:25 PM
    No

    As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.



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  • chanduv23
    09-25 10:44 AM
    We should send this to all lawmakers - post it on IV and post it on blogs - print and distribute




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  • diptam
    06-30 05:26 PM
    Interestingly lot of folks like me are doing 485 on their own - because its NOT difficult. Its small Project and you have to get the Docs right and complete.

    Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?

    So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
    lawyer answering it.

    I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!

    I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
    Since the Visa bulletion is still showing current i have a right to do that.

    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....



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  • LongJourny
    01-22 12:10 AM
    Hi,

    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
    I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.




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  • franklin
    07-11 05:50 PM
    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D



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  • ashkam
    12-04 01:42 PM
    I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!

    A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
    So think twice before you disclose that you are unemployed.

    "You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.

    Also, FAIL for the second paragraph as well.

    You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".




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  • GCNirvana007
    10-08 05:05 PM
    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris

    Non-complaince only if i signed any saying i will be joining them after my GC or its by default?



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  • maco
    08-10 10:56 AM
    Hello All

    My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
    "The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
    I am confused,will they accept the application,checks are not cashed yet,applied on july18th
    Please Help




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  • ak_2006
    11-05 08:25 AM
    My collegues & me voted for him...but we need more support for sure.



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  • bidhanc
    03-06 10:57 PM
    Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.

    Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
    Hi stu*
    Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
    Would it work?
    Anyone??




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  • GKBest
    07-17 04:13 PM
    Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.


    They deserve this but a better idea will be to send it to Congresswoman Lofgren. This will create a stir in the Congress.....More News the better.



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  • va_dude
    10-17 09:45 PM
    Do you mean the first two digits of these two job codes:
    13-2011.02 and 13-2011.01

    So as per this law form, since they both start with a 13 we are good?

    -R




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  • ganguteli
    04-23 01:16 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
    Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?

    I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.



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  • Aah_GC
    06-17 03:52 PM
    What my Attorney (Prashanti Reddy - who does free sessions on IV) said

    This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.

    On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.




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  • ilanbenatar
    04-25 12:17 PM
    Thanks man, appreciate your quick response.
    Glad to hear you got your visa :) was it hard and strenious?
    I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.

    Best,
    Ilan




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  • humdesi
    12-13 09:35 AM
    This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.




    Ennada
    01-13 10:21 AM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...

    I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.

    In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.

    Good Luck.




    plreddy
    08-04 05:38 PM
    Same thing here also. My GC (primary ) was approved on 11-Aug-2008 and my wife's 485 is still pending. We went to India in November 2008 and returned back after 1 month. No questions were asked about my wife's AP.

    Thanks
    PL Reddy