Thursday, June 16, 2011

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  • jonty_11
    08-01 01:25 PM
    They dont have to process squat...in 1 month after Oct ...they dont care...

    They will enjoy Xmas holidays any which way.....we r the ones who will suffer.
    Sorry ...just a pessimist today.




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  • kminkeller
    03-09 04:17 PM
    Thanks guys. Thanks a lot for all these information.

    So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?

    Thanks.




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  • GotFreedom?
    07-22 05:38 PM
    Hi guys,

    I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

    I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

    I am still working on H1 and she is a parolee.

    Thanks in advance fopr the responses.




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  • aristotle
    01-31 01:51 AM
    If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)

    Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.



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  • GCwaitforever
    06-08 05:04 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.




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  • mohitb272
    07-16 07:24 PM
    Hats off to IV :) :)

    Waiting for the good news...



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  • vin13
    06-25 10:10 AM
    Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)

    In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.

    Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......

    So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.

    All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)

    This is really a good one. It clears out some of the misconceptions among the general public.




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  • ruchigup
    08-22 04:17 PM
    Why do u need them for gc ? Your 485 is already pending.
    Right now Baker McKenzie represent my I-485 case. After I am no longer with my current employer, I need to file G-28 to change my attorney representation.



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  • msp1976
    02-15 11:33 AM
    How about requesting a $1donation when a non-contributing member ask a question, or $5 dollars for ten posts.It is not much but will definitely bring some revenue.
    We can have a forum like member only access...where the question can only be posted by payed members or by people who pay a small donation? The idea is that the amount requested is not much ,which anyone can afford, but the number of questions people ask on our forum will definitely generate some revenue.

    We can start a volunteer thread as a pilot program to see what kind of response we get...what do Core and rest of the member think of it?

    Some of us have a fair study of the immigration laws....Our knowledge is anecdotal.....but still we are not lawyers and we donot want to get into a situation in which we get sued for providing potentially incorrect info....No one wants to mislead anyone but accepting money for service makes us step into an unknown territory....

    We want to educate members as much as possible but this is not core business...
    All advice we provide is with a caveat that users should check with their lawyesr for feasibility....




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  • GCBy3000
    07-14 09:57 AM
    Folks,

    understand IV is a non-profit org and they are not full time employees of IV and getting paid for what they are doing. Entire IV active members and sleeping members are one team with set of goals.

    Probably from my experience with IV activities I beleive IV would have known this news a week before. When we are talking about this, they might be working out a plan with QGA. Leave them free and let them do their job. It is not an easy task for volunteers. Each member is in different location and they have to co-ordinate etc etc. I do not know why people are DEMANDING from IV as if they are shareholders.



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  • mheggade
    08-01 01:07 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????

    Is it just your imagination or did you base this on any source.




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  • gkaplan
    04-22 12:13 AM
    country if birth is germany



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  • Beta_mle
    02-20 12:58 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.




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  • chakdepatte
    11-26 11:27 PM
    hey Waiting Game,

    the consulate in mumbai is in a very expensive area called 'breach candy' its like the beverly hills in CA.

    however, u may get decent stay outside 'Dadar' or 'bombay central' railway station. these are close to the consulate but since u have a morning hour commute towards downtown mumbai, it will take at least 30-45 minutes. so give urself adequate time. avoid 'bandra', churchgate, grant road areas.

    if u just need to spend the nite, u can spend it on the airport.

    let know if any questions and wish u all the best.



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  • neverbefore
    03-01 10:15 AM
    Yes please explain that better.
    Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
    No offence meant or intended, I suggest a repost of the one by Mark.:)

    I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.

    Thanks and best regards.




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  • uma001
    08-18 05:19 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
    What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4



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  • gcsomeday
    07-17 05:24 PM
    newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.




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  • pappu
    10-18 10:16 AM
    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?

    sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

    In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.




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  • chanduv23
    09-29 02:05 PM
    I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?

    RFE - "We have sent a letter requesting further information ......."

    NOID - Usually no message - atleast in my case (only soft LUD)

    When you respond - The status is "Response received case reopened ......."




    GCwaitforever
    03-17 12:53 PM
    First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.

    ----------------------
    PD: May 2002 EB2 India
    I-485 applied May 2007




    Wendyzhu77
    05-21 05:07 PM
    This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
    If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
    What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!

    �You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...

    More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)



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