Friday, June 10, 2011

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  • clazale
    04-07 03:26 PM
    http://www..com/discussion-forums/i485-1/28005017/


    Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .

    "Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.

    Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!

    "The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
    Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
    Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.

    Texas Service Center

    Congressional Relations " "
    I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:

    1. Will an infopass appointment help or a call to customer service help?

    2. Do you have the format of the letter sent by your congresswomen's office?

    3. Is it better if my lawyer requests the congressman's office or should i do it?

    4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.

    5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?

    Any help is really appreciated.




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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date




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  • pappu
    01-20 10:53 PM
    Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????
    yes this will definately help us get many members and help strengthen the organization.
    if you are interested in making this effort to contact all US universitiy international grads, contact me.




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  • valysivec27
    10-01 09:59 AM
    Hello, I have a question for you guys. Can you point me to some documents I can read about GC adjudication?. I'd like to know if the "priority date" has any importance after you apply I485. Are they proceesing the I485 applications based on country quota, employment caterogory? Thank you for the clarification in this matter.

    My impression is that the "priority date" it's not important after you file the I485, but I might be wrong....

    Any idea?

    Thanks,
    ValySivec



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  • psam
    10-27 10:30 PM
    Hi Sam,

    I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.

    Thanks

    Calling up Customer service fixed it. My card did arrive a month+ after my spouse. there was some problem with production of my card first time around.




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  • obviously
    12-04 08:15 PM
    Next time you fly into India, THANK the security folks for taking care of security day in and day out.

    After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.

    If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...

    Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)



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  • sanju_dba
    09-14 04:30 PM
    Sorry I should have been more clear.

    I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.

    I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.

    I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.

    I got it.
    I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
    At this stage they might have spend money on LCA only + for attorney fee if any.
    Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
    H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
    Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:




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  • Pineapple
    10-10 12:02 PM
    Anyone?



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  • mhtanim
    06-08 05:42 PM
    I don't live in the tri-state...

    I have my W-2's from 99 and 00 so no need to call the University.

    What I dont have is the actual return (1040nr) which I "mailed" at that time.

    Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

    For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.

    As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.




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  • ash27
    04-02 07:12 PM
    Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.



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  • gee_see
    10-18 10:57 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help




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  • virginia_desi
    05-15 12:15 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.

    Once AOS is filed under EB3, it can't be simply upgraded to EB2.

    However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?



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  • aspiration
    06-17 11:26 AM
    Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...

    Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....

    And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...

    So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.




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  • nomorelogins
    11-08 06:10 PM
    check page 114 ( 132/145 ) of http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf



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  • gveerab
    02-23 01:18 AM
    Hey Guys,
    I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"

    One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.

    I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.

    Thanks,
    Veera




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  • ps57002
    07-18 12:06 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?



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  • meridiani.planum
    05-18 12:56 PM
    If this passes this will be awesome for Ph.D. graduates.

    and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...




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  • sandy_anand
    11-09 03:27 PM
    Filled out the form...




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  • paskal
    08-27 01:50 PM
    Please be good enough to join your state chapter
    We need all members' help if we are to succeeed.
    I hope to see you in DC, but there is much to do even before!




    gctoget
    09-10 06:08 PM
    Placed a google order for $100
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    paskal
    08-27 01:50 PM
    Please be good enough to join your state chapter
    We need all members' help if we are to succeeed.
    I hope to see you in DC, but there is much to do even before!



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