Saturday, June 11, 2011

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  • UKannan
    03-31 11:57 AM
    This guy might not have even seen the airport/airplane�.:rolleyes:




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  • chanduv23
    11-10 04:03 PM
    WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.

    While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!

    yes - unfortunately that's how it is. The simple funda is "never work for free". it is a competitive and exploitative world - I have seen so many people working as volunteers coming as contractors for 2 months , 3 months work - they get hired by unscrupulous managers who want to get work done for free. They are promised employment after 3 months contract and all sweet words ... this happens in big companies too - they will use and throw you to keep their job. Many a time they may not even acknowledge that you were there.

    Keep looking for a job and work hard towards a job - you will definitely get one.




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  • fromnaija
    07-11 03:24 PM
    If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.

    So the options you have are:

    1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.

    2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.

    The choice is yours.




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  • snathan
    06-20 09:45 PM
    ^^^^^^^^^^^



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  • ab2k7
    07-05 04:19 PM
    Thanks for your response, paisa. Does that mean start over the whole process from LC for GC again? As per this doc there is a difference b/w LCA for H1B and LC for GC. So incase a H1B employee files LC for GC, does he also need to maintain LCA in parallel? This is still not clear to me.


    I've found this doc from
    www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf

    '
    Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
    for U.S. workers.
    '

    Would appreciate if someone can shed some light.

    Thanks in advance.




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  • HV000
    02-17 09:59 PM
    Its probably wise to lobby both Sen. Dick Durbin and Sen. John Cornyn together.



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  • chapper
    11-08 12:54 PM
    From the pdf:
    Major volumes of pending applications at the end of September 2007 include:
    1,383,975 I-130 spouse/relative petitions;
    654,864 applications to adjust status;
    281,122 I-765 employment authorizations;
    188,559 I-131 reentry permit/advance parole;
    63,083 I-90 Green Card renewals/replacements.

    654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!

    According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.




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  • sanju
    04-08 05:37 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    I saw your questions earlier and knew the answers as they are available online. I ignored your questions earlier in the day, now I am glad that I did because you deserve answers to anything.

    Get lost.


    .



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  • enggr
    03-17 03:56 AM
    Friends,

    My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "


    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar




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  • anilsal
    08-06 12:38 AM
    for the lucid description. Having local interviews can be stressful on people (and the sheer anticipation of it). I do hope your list of things can be posted on some blog or a place that is easily accessible later.



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  • mrajatish
    04-02 08:45 PM
    Admin,
    This is just phenomenal - we are using this in our presentation. Let us pray that this works, and if it does, we will have a very important person fighting on our behalf.




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  • desidas
    01-22 08:01 PM
    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK



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  • ps57002
    07-18 11:40 AM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/


    =======================

    Message from IV
    IV does not recommend any such actions.

    We are aware of the issue and if there is any acion item, we will post it.

    also be aware of what we posted earlier on this issue:
    http://immigrationvoice.org/forum/showthread.php?t=6084
    http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
    =========================




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  • Hermione
    10-02 12:34 PM
    My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?

    Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.



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  • mk58581
    06-06 05:47 PM
    Hi

    Thank u for the response

    client is a finacial firm UBS.
    Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT

    This was the offer they pay $x on a daily basis -- W2
    $65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.

    In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.

    This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
    You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
    To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.


    If i am still not clear please let me knw

    Thanks Again

    Rgds
    Kumar




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  • qwert_47
    09-27 12:41 PM
    ^^^^^^^ bump

    Appreciate any advice...thanks



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  • mrajatish
    05-14 06:43 PM
    Same here - keep the good job going




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  • saileshdude
    09-04 11:37 AM
    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.


    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.




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  • tamil12
    10-15 02:04 PM
    I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.




    alien2006
    06-13 01:44 PM
    My guess is you will be current in September 2006, may be October latest. But keep your fingers crossed. Logic does not apply too well with these things.




    himu73
    06-21 01:04 PM
    Hello,
    I dont see how they can ascertain whether case is complicated without opening it and doing some analysis. It would be only possible if they just hang a case in between after they open it or else one way is by weight (joking).
    They might have a weighing scale and lesser weight of the application simpler it is (HAHAHA)

    we can only guess

    i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc



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