Tuesday, June 21, 2011

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  • anilsal
    12-18 12:57 PM
    Please update your signatures with your state chapter affiliation as well as your contribution status (if any). Without these, you are just a regular surfer and do not hold any significance to the IV moderators.





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  • jambapamba
    08-07 08:44 AM
    Read somewhere that even if GC is approved and 6 months is not banked with the sponsoring employer, there may be problems at N400 stage(citizenship). As I said, I just read it somewhere on this site.





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  • abcdefgh
    08-03 09:53 AM
    Hi All

    looks like my struggle for immigration is never ending. My lawyer shipped my app on July 30 and even as of today USPS track and confirm displays second attempt was made on July 31, and package will be held for five days. This put me in very worrying situation.

    So I called USPS and they gave me local phone number for Mesquite office
    972 288 4477. I called them today and talked they are saying that all the packages are delivered. I am not sure what to trust and what not to. I am not sure if my application is delivered or not though person at Mequite office told me so. Because USPS online status still says the second attempt was made on July 31 and then no update. If there is any way to contact USCIS and find out if they received the application or not.

    Guys who are in the same situation as me please update your experienc. Alsso I have added phone number for Mequite office here, if somebody in my situation want to contact them.

    Thanks





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  • kramac01
    01-12 09:09 AM
    Hi everybody,
    I have the same question. If we have to port with earlier priority date, can the employer give different kind of advertisement when applying for labor since they eliminated the requirement for EB2.
    I am trying to port from Eb3 to Eb2, I have double masters and a doctorate in physics. But I am working in IT field, nowhere related to physics.
    Any advise is highly appreciated.
    Thanks.




    I've read on other threads that rules to apply in EB2 category have changed from 2009.
    So if we consider porting from Eb3-Eb2 and have yet to start the process we can't anymore apply in EB2 category?
    Or is it different if we are porting ?

    Thank you.



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  • optimystic
    04-05 10:42 PM
    GC finally came thru - foolish process ended on the fools day.

    EB3 priority date is sept 01, India.

    has taken 9 clients, 7 years, 6 H1Bs, 5 relocations, 3 GC filings, 2 layoffs, 1 labor substitution, 1 RFE, 1 EAD, 1 UK HSMP visa and 0 visits to India to get here.

    sucks.

    Congratulations !! Could you please tell me what your receipt date was and in which service center?
    I am EB3 India too with PD current, but stuck at Nebraska center due to processing date retrogression.





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  • panky72
    10-29 11:19 PM
    Paper filed (receipt date): July 10th
    Status: Pending so far

    AP filed on july 10th in NSC (paper file), no approval even after 90 days. Anybody in similar situation??



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  • waitnwatch
    02-12 12:23 PM
    if there is no person with the name of Arun Vakil working or was working in the Mumbai consolate , then

    1) you should not feel offeneded and take time off from you busy schedule to try explain this

    So you write nasty things about a person and that person has no reason to respond. I think you are hiding something here. Infact given the tenor of your post I doubt you can really be trusted. Donot I repeat donot take IV members for a ride.

    2)If you do not work in the mumbai consolate or are associated with the mumbai consolate , how do you that there is no person who was working in the consolate

    is it safe to assume either that you have access to all the list of persons in the consolate

    I donot think it is really difficult to find out who the consular officers are. Here I am not talking of the minions who just do paperwork but the actual State Department people posted to take interviews and provide visas.

    or you are GOD cause only God can tell us all the name of persons working
    in the consolate , and i strictly believe that it not the later , you might be the opposite of GOD

    But this is not going to end here , it is just the begining
    as you might be aware that i can show you proof if things get out of hand

    Yeah sure! given that you are threatening people I think you should atleast provide some proof.

    Here is what I think has happened. Your parents went to this gentleman for advice. Maybe you even paid a certain amount. Ultimately things didn't work out and you must have asked for a refund which of course this gentleman refused. And now you think you are doing everybody a great service by starting this on IV.

    Could you please point out what you've actually done for the goals of IV. Or are you using IV mislead people.





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  • cram
    06-15 07:29 PM
    Please correct me if I'm wrong but TSC retrogressed 4 years back!!!!!!! Is this a typo?????????

    I-140 Immigrant Petition for Alien Worker Skilled worker or professional: August 01, 2003



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  • Iak123
    04-16 09:36 PM
    Thank you all for responding and your support.

    I just have a follow up question: I am still struggling with making a decision about who should be the sponsorer but anyways; My question is I have seen people suggesting that on I-134you can write joint income of yourself and spouse.

    But as the I-134 reads it basically is asking the question that I make an annual income of so many $$ ..it never says we make or something on that lines so I am little unsure whether I can include both of our income and savings on I -131 or just show mine. Please advise. Thanks again





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  • champu
    03-12 01:27 AM
    Any Comments about this statement in EVL:

    "Company XXX (like most employers) is an at-will employer and therefore does not guarantee to continue any employee's employment(my name) for any definite period of time. At this point, Company anticipates that <name> will continue to be employed as <Designation> on full-time basis."


    any suggestions/comments please ....

    this is standard for a california based company. are you in cal



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  • zuhail
    09-17 12:02 PM
    I am not entirely sure how much role the job/employer plays in this issue.

    I think that if your skills/job profile is not a generic one like IT/software
    and if it can be used in sensitive areas like military/defence,
    your visa application might require this additional processing-- this is just a guess, I have no idea.
    If you send you email address, I will email you some info about my job profile.

    Sri.





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  • rakeshverma72
    11-23 04:00 PM
    Thank u guys for your advice... seems like going part -time would be a better option while 485 been pending..



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  • FinalGC
    04-05 03:42 PM
    Ankit:

    I am very sorry to hear about your case. Please post any special needs that you have. I am sure one of us could help. Also if you mention your State, then the people in your State maybe able to help.

    I am in Michigan, if there is any way I can be of help, please send a PM.

    May Jesus heal you from this infirmity..





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  • chi_shark
    05-06 12:29 AM
    Gurus,

    I have received an RFE asking for 5 different things. one of them is asking for evidence of work status since the day I came to US first time. Now, while going through my H1 approvals, i came across something that seems a little wierd, but i have emails from those days to tell me that i was in clear legal territory. however, given that i have this rfe, i want to run this by you gurus...

    i was with one of the big indian IT firms when i came to US. my first h1 approval expired on Jun 2004 and the next one from the same company was valid from the very next day to nov 2006. However, I applied for H1 transfer in nov 2004 (got receipt notice in nov2004) and then started working for a desi consulting company in Dec 2004. The H1 transfer approval came along in Feb 2005 with "approved from" date as Feb 14 2005. So for the period between Dec 13 2004 and Feb 14 2005 when I was working with the desi consulting company based on a H1-Transfer receipt notice, what is my legal status? I know for sure and have emails from the employer confirming that it was ok to work on a receipt notice without actual approval in hand... but my memory fails me for now... so, how is this supposed to work? any ideas?



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  • PD_Dec2002
    08-24 10:16 AM
    This info is from USCIS: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5aa3e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD . USCIS does not seem to make any distinction on whether you got the GC through AOS or CP. Or am I missing something. Also, they say a visa number does not need to be available for "Following to Join" benefit.

    I am copying-pasting some of the relevant info:

    -----------------------------------
    Following-to-Join Benefits for Spouses

    Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.

    If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa.

    ------------------------------------------------------------------------

    Thanks,
    Jayant





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  • u.misc
    11-19 12:45 PM
    just got axed, 2nd time in 12 months, LOL...

    really want to take a couple months off, just rest, relax and think about what to do with my life.

    PD is at least one year away. but in 2007 fiasco, there were people in my situation but with PD just a couple days earlier got GC. US immigration system really has no certainty at all.

    My question is how likely i could get RFE'd for employment in the next 3 months? if get RFE, any tactics to stall?

    thank you for sharing your insights.

    My Friend,
    People would be telling you to keep a job and just play safe. Hopping between jobs can get overwhelming and exhaust you mentally.
    My advice: Don't give a damn thinking the consequences and worrying about worst case scenarios. Go take a vacation, enjoy yourself and get a break from this everlasting conquest for better immigration status.
    Most likely you won't get a RFE, very few people get those. Even if you get one, you don't need to be employed to reply back. You can get a that letter from one of few thousand desi consultants sitting out there waiting to write anything for you.

    One dying man once said: "All my life I spend most time worrying about things that never happened to me."

    Please enjoy your vacation and when you come back reply to this thread and write "I enjoyed my trip."
    Then when you get GC come back again to this thread and write: " I got the green card, not sure what to do with it now."



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  • jsb
    08-06 09:33 AM
    Whattodo,

    I don't think you will ever find a definitive answer to your question, as there is none. I have seen at some legal sites that 6 to 12 months is reasonable.

    As per clarifications by USCIS in their Dec 2005 memo, what matters is your intent on the date you file for AOS. Sponsoring employer reconfirms its intent when you file your AOS. This document mentions that sponsoring employer's withdrawl of I-140 after 180 days of your filing for AOS has no effect on your case. This seems to suggest that law sees 180 days as a reasonable period for unforeseen change of circumstances. Same is the case for you, the prospect employee, for change of circumstances after 180 days of your filing for AOS. Therefore, it appears that once 180 days have passed after you filed your AOS, there is really no obligation for you to work for the sponsoring employer at all. At approval time, you just need to prove, if asked, that you have same of similar job offer somewhere.

    However, if you want to play safe just in case someone questions your intent when you filed for AOS, you might want to work for the sponsor for some reasonable time. What is reasonable, you decide.



    If you know the answer of query, then please, answer. Otherwise, dont write something that does not lead to any meaningful conclusion. AC21 or no AC21, there has been confusion about how long you have to stay with your current employer AFTER AOS approval. If you know the answer, please, respond. Otherwise, dont feel obliged to respond with "AC21 baby". :)





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  • mbartosik
    03-31 06:25 PM
    We hear the politians saying that no one will be jumping the queue, well maybe correct, but maybe not correct.

    It depends on where the end of the queue is defined.

    Given the current law you could wait for labor cert in Philly BEC for years, be forced into changing jobs just before getting the LC, and loose your priority date, putting you in the queue behind the 12 million! After having already waited for several years and paid loads of fees.

    If that was to happen maybe I would apply as an illegel, that would raise a strange question, would I have to deliberately break the law to obtain the benefit of being able to sponsor my own GC as the bill currently stands? Would I be able to get an "official" job washing cars, but moonlight as a software engineer?

    However, another concern is that adding 12 million to the queue will slow it down. Do we think that two streams could work and be viable, such that in law there would be a guarentee that the queues for those waiting legally would not be clogged.

    For example, by requiring that each month the applications by those here legally are processed before moving on to the rest. All outstanding applications by legals would have to be proceeded first each month. That would apply to DoL USICS, FIB (name check), and any other agencies. That might even speed things up for us.

    Do we think that this would fly?
    It would be a way that the politians could add a touch of legitimacy to their claim that no one would be queue jumping.





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  • kicca
    01-08 02:26 PM
    Mo Members Write The Letters! Talk To Your Employer! Talk To The Lawmakers!

    Make Your Voice Be Heard! Make Your Voice Be Heard Loud And Clear!





    perm2gc
    07-28 05:12 PM
    http://www.cyrusmehta.com/news_cyrus.asp?news_id=1101&intPage=16

    Although small businesses are considered to be the engines of economic growth in the American economy, the new PERM rule authorizes the Department of Labor (DOL) to closely scrutinize labor certification applications filed by small businesses to determine whether the job has been clearly open to US workers. Thus, small businesses may find it harder to employ and sponsor foreign national workers, as opposed to large corporations, for their continued growth and viability.1

    I. Questions On PERM Form Pertaining To Small Businesses

    The new form, ETA 9089, under C5 asks: �Number of employees in area of intended employment.� Under C9, the form further asks for a �Yes� or �No� to the following question: �Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?�

    If the employer indicates that it has less than ten employees or if the employer states �Yes� to C9, the application is likely to trigger an audit.

    II. The New PERM Rule On Small Businesses, Investors And Relatives

    The new PERM rule at 20 C.F.R. � 656.17(l) imposes three conditions under which an employer�s labor certification will be given more scrutiny: 1) the employer is a closely held corporation or partnership in which the alien has an ownership interest, 2) there exists a familial relationship 2 between the stockholders, corporate officers, incorporators, or partners and the alien, or 3) the alien is one of a small number of employees.







    The Audit is Likely does not mean we will get an audit. We all might have heard how many big companies have got audited.

    I may be wrong but just want just want to convey that the size of company does not matter as long as you are working with the framework of law.If you are working out of law then any company can get audited. PAPPU thks for the valuable information.





    krupa
    04-30 11:10 AM
    It is possible. You can read the instructions document relating to I 131 form. You may have to file additional documents. These instruction documents available in USCIS website under forms menu.


    I am looking for two questions regarding AP filing?

    I have filed Employed based 485 and I am currently out of country. Can my spouse file an AP for me and mail it to me? (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/AP_FAQ#I_have_filed_Employed_based_485_and_I_am_cu rrently_out_of_country._Can_my_spouse_file_an_AP_f or_me_and_mail_it_to_me.3F)

    I have filed Employed based 485 and I have filed an application for AP and I need to go out of country before I can get my AP. Can my spouse mail me my AP? (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/AP_FAQ#I_have_filed_Employed_based_485_and_I_have_ filed_an_application_for_AP_and_I_need_to_go_out_o f_country_before_I_can_get_my_AP._Can_my_spouse_ma il_me_my_AP.3F)



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