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  • waitingnwaiting
    11-29 02:43 PM
    Any news on this?Will they give EAD?

    Please ask the lawyer who said that and let us know if this is happening.




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  • phillyag
    05-30 03:33 PM
    I meant what docs we need to make sure we have from the employer whom we will be quitting.

    Any suggestion on what is the best way to quit the existing employer ? What kind of explanation would let them create least trouble when I exit.




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  • seahawks
    07-19 08:32 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485



    Did my lawyer screw up?
    No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.

    I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.

    Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!




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  • pablo8000
    04-15 01:58 AM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises



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  • GCHope2011
    02-05 06:31 AM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.




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  • arihant
    12-02 10:54 AM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.



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  • MerciesOfInjustices
    02-22 09:59 PM
    Pardon my ignorance, but what is PBEC exactly and what are the issues regarding it? Something to do with Labor backlogs?




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  • Blog Feeds
    06-27 06:50 PM
    AILA Leadership Has Just Posted the Following:


    President Obama and Congress members met privately at the White House on Thursday for their first major discussion of immigration reform. A Way Forward on Immigration (http://www.nytimes.com/2009/06/27/opinion/27sat1.html). New York Times Editorial June 27, 2009. President Obama has a lot on his plate dealing with the economy, health and energy but his approach to immigration reform indicates a clear grasp of the complex dynamic needed to win the battle. The need to reform our immigration laws now could not be more immediate or urgent. There is a crisis in immigration and the need to fix this mess has never been more critical. Immigration raids in our communities and our factories, along with the horrific conditions of detention, have created dread and anxiety within our immigrant population. The process of obtaining lawful status has become unreasonably difficult, and there are few options for the millions of immigrants, many of whom have deep roots here, but entered without visas or have expired visas. Millions of these people have U.S. citizen spouses and children, but no path to legalization. Despite decades of living in the U.S., and contributing to our economy, and whether applying for immigrant or nonimmigrant visas, the pattern is the same: restrictive adjudications coupled with outdated visa quotas that choke the system and make the attainment of lawful status virtually impossible. Whether applying through family or employment, the waiting lines are as protracted as they are preposterous. Many with advanced degrees wait for years and family visa waiting lines routinely extend a decade or longer. Due process protections that form the basis of our great democracy have been stripped from immigrants.

    President Obama told a bipartisan group of lawmakers this week that Congress should begin debating a comprehensive immigration by year�s end or early next year, but Republicans said they would support a measure only if it included an expansion of guest worker programs. Republicans Focus on Guest Workers in Immigration Debate (javascript:popup(). The White House released President Obama's remarks following a meeting on June 25, 2009 with congressional leaders to discuss immigration reform, in which he expresses his administration's support for CIR and indicates a clear understanding of the issues and how to fix them. President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders (http://www.aila.org/content/default.aspx?docid=29384)


    The American Immigration Lawyers Association (AILA) understand immigration in a way that only a doctor understands medical ailments or an engineer understands building bridges. We know the issues from a deep perspective and not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).

    The current immigration system is broken and to allow the status quo to continue will only make things worse for the country. Until Congress deals responsibly with immigration - making taxpayers out of all immigrants, making all employers follow sensible rules, and creating a functioning legal immigration system - everything else on the President's domestic agenda is vulnerable to being dragged down. This is the year and this is the moment for a popular President to work with Congress to address a national issue in a way that benefits the American people and our economy. The Joint Center for Housing Studies of Harvard University released a new housing report which notes, �immigrants could be a key element to recovery." Immigration Impact, June 26, 2009, Immigrant Homebuyers Play Crucial Role in Housing Market Revival (javascript:popup(). The president announced that he has charged DHS Secretary Janet Napolitano with leading a bipartisan, bicameral working group to help negotiate and move a legislative package later this year, and those of us who have been championing immigration reform�and who have been training for this day�are off to the races (http://www.americanprogress.org/pressroom/statements/2009/06/White_House_immigration_meeting_statement062509.ht ml). President Kicks Off Immigration Reform (javascript:popup()"The White House meeting yesterday demonstrated that the question is no longer whether reform is necessary or whether it can be achieved this Congress. Those questions were answered squarely in the affirmative." Center for American Progress (CAP), June 26, 2009.

    The CAP report articulates five principles for responsible immigration reform grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. The nation�s broken immigration system undermines our core national values, disserves our economic and security interests, and diminishes our moral standing in the world. Congress has for years now overseen an explosion of expensive, ineffective enforcement policies that have wasted billions of taxpayer dollars, enriched criminal syndicates, divided families, disrupted communities, and battered local economies rather than confronting our failed policies with common sense solutions grounded in what is best for our nation. In short, Congress has sacrificed our national interest at the altar of a destined-to-fail, get-tough enforcement strategy.
    Confronted with this crisis the United States is left with three options: 1) preserve the status quo�an option that no responsible policymaker would advance; 2) drive millions of workers and families out of our communities, which CAP estimates would run over $41 billion annually; or 3) embrace tough but fair and practical solutions.

    The Center for American Progress correctly concludes that the status quo is untenable, mass deportation is contrary to our national interests and values, and the only viable approach is comprehensive immigration reform. Such reform would require immigrants to register and become legal, pay taxes, learn English, and pass criminal background checks.
    Five key principles for reform should guide the president and Congress as they begin to reengage this pressing domestic priority. CAP�s principles for responsible immigration reform are grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. They are:

    Resolve the status of the undocumented

    It is morally and economically unacceptable for the wealthiest nation on earth to have 12 million people living and functioning in an underground economy in the United States. Our �shining city upon a hill� is casting a dark shadow over a large class of workers. These workers and their families are interwoven in our communities, yet they are proscribed from becoming full members of our society. Their labor enhances the nation�s competitiveness and enables economic growth, but their lack of legal status exposes them and their U.S. counterparts to manipulation and exploitation. Effective reform must require those living in the United States illegally to register, pay their full share of taxes, learn English, complete background checks, and earn the privilege of citizenship. The country will in turn benefit from an expanded tax base, a more robust rule of law, a workforce less vulnerable to exploitation, and a level playing field for all workers.

    Enhance legal immigration channels and labor mobility

    Globalization has made it increasingly more efficient to move capital, goods, and services across national borders. Yet legal channels facilitating movement of labor have not kept pace with this rapid development, even though immigration is an integral part of the American economy. The demands of global competitiveness require increased overall levels of legal immigration. Immigrants serve important roles in the success of the nation�s economy in boardrooms and corn fields, in Silicon Valley and the San Fernando Valley. Demographic trends show that an aging United States will need more workers across all occupation levels. Employment-based immigration and family-based immigration complement each other and should not be pitted against one another in a zero-sum game. Target levels should be adjusted to acknowledge that immigration is an engine of economic dynamism and to ensure that close families are not separated for years by outdated limitations. The United States must embrace the inevitable shift toward a well-regulated, legal, global labor market in order to retain our economic leadership.

    Protect U.S. workers

    Comprehensive immigration reform will benefit all U.S. workers. A program that brings undocumented immigrants out of the shadows will improve accountability for all employers. And a clear but rigorous path toward citizenship would diminish U.S. workers� vulnerability to unscrupulous employers. This creates fair, not exploitative, competition.
    Any reforms must also protect American workers by safeguarding their ability to defend their rights, including the rights to change jobs freely and organize without fear, and to earn a fair wage. Millions of American workers are experiencing unemployment or underemployment in today�s economy, and we should strive to provide just wages for all workers and terminate policies that enable employers to participate in a race to the bottom of the wage ladder.

    Foster an inclusive American identity

    Our country�s identity is shaped by core values of equality, freedom, and opportunity. Immigration and the process of assimilation constantly tests and ultimately strengthens and deepens our commitment to those values. We must be vigilant, however, to ensure that newcomers have access to programs�language and civic education�that facilitate their integration into the nation�s social and cultural fabric. Naturalization, the cornerstone of integration and first step in civic participation for new citizens, must be accessible and encouraged.

    Adopt smart enforcement policies and safeguards

    The U.S. Border Patrol�s annual budget has more than quintupled since 1993 while the number of undocumented immigrants in the United States has tripled to approximately 12 million during that same time period. Militarization of the border has obviously failed as an immigration control strategy.

    CAP has a clear grasp of the essential ingredients to reforming our immigration laws and the American public gets it. More than 80 percent (http://amvoice.3cdn.net/ea94778f39d6c895c3_zvm6beppq.pdf) of Americans across the country, across party lines, and across nearly all demographic cross-sections, want comprehensive immigration reform that secures our borders, makes employers accountable, and requires undocumented workers to register, learn English, and pay taxes.

    The president and Congress must move forward on the path they laid out this week and the American public is clearly behind the popular president.https://blogger.googleusercontent.com/tracker/186823568153827945-1584438715913274381?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/immigration-reform-now-reality.html)



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  • binadh
    10-02 11:22 AM
    Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

    What the &*^% is going on? !!@$%ing DOL.

    :mad:




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  • sorcerer666
    03-31 04:17 PM
    Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.

    If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.

    If you cannot get the original contract nothing can be done...

    So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!



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  • needhelp!
    08-23 06:38 PM
    I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!

    Join here (they will need your phone number)
    http://groups.yahoo.com/group/texasiv




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  • needinfo80
    09-08 11:47 PM
    Got medical RFE at 485 stage.Here are RFE details :

    The civil surgeon's signature on the supplement Form to I-693 submmitted with your application to adjust status is photocopy and is therefore unacceptable.Your original Supplement Form to I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enlclosed Supplemental Form I-693 to the civil surgeon who administered your vaccinations.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the Supplemental Form to I-693 and place it in a sealed envelope before returning it to you.
    The medical examination report,Form I-693 submitted with your application to adjust status ,also contains a photocopied signature and is therefore unacceptable.Your orginal Form I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enclosed Form I-693 to civil surgeon who conducted your medical examination.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the medical examination recorded on the I-693 and must sign and date the form in the space provided.

    Did anyone receive similar RFE?If yes,how did you handle this RFE?
    Do I need to take the tests again?
    Can doctor fill a new form based on the previous results.

    Appreciate your help and guidance in this matter.
    Thanks



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  • kumarc123
    11-06 03:34 PM
    with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
    However there is a silver lining:
    You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.

    Hi there,
    I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
    My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
    Please advise.
    I thank all IV members for their support and help.




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  • vallabhu
    01-02 02:08 PM
    I have applied from Texas SC

    My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role



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  • dazed378
    03-29 09:51 PM
    snathan and number30, thanks a lot for your valuable input :).




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  • kaisersose
    12-07 04:43 PM
    I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

    Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)

    Sorry buddy....I know 4 of my friends who got their GCs through EB1 within a year - all project managers. The key piece of documentation required by USCIS was an official org chart from the company showing people reporting to the applicant both back in the foreign country and currenty in the US.

    Now it is certainly possible that some applicants were rejected because the IO was not convinced, but I know four people who sailed through without RFEs.



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  • jvs_annapurna
    04-20 02:32 PM
    Hi guys
    There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
    Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.




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  • logiclife
    02-01 12:29 AM
    Everyone:
    There has been enough discussion on this topic.

    UnitedNations (Nadeem) is welcome to post on these forums and we would all be grateful if he can answer some questions related to 140 filing and other issues that he has expertise in.

    However, there is no point in trying to prove to other people who do not know him as to whether or not he can contribute in any way, and how much. What is the point of that exercise?


    Unitednations:

    You are welcome here. However there is no point in this thread that debates your potential value.

    Your help to members here is welcome and the community would be thankful to you for your contribution.




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  • looivy
    12-03 03:24 PM
    Thanks for the update. I have an appointment at Nogales in mid-Dec.

    Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.


    Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.




    BhanuPriya
    01-13 07:27 PM
    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




    Administrator2
    08-05 12:04 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch


    If you are in an emergency situation and need to renew your ppt on urgent basis, please send me a PM.



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