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Thursday, June 9, 2011

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  • atul555
    03-20 07:03 PM
    u got ur response from wandmaker..so long, we WON'T miss you.

    I joined this forum a while back since it seems like a good place to exchange experience with people in the same boat as us. I got repulsed with IV very fast, and this person above very effectively presents the reason why.
    There are just too many smug mother&*#$# like the eb3retro guy above, who chase the newcomers with their gloomy personality right out of IV. Though the situation we are facing is very bleak and gloomy, but why does so many of IVers around here wear it on their sleeves. All garfield asked was a valid question and more like advise and in jumped eb3retro with a lecture on his profile with a tinge of sarcasm to vent his weeklong frustration.
    With a movement like IV is trying to be, how is it ever going to be sussessful if there are unwelcoming smug people like eb3retro,. They contribute $20 and then they feel they own the joint, and have to find and boss around someone who doesn't dot their i's and cross their t's to feel better about themselves.
    In the vein of openness that the eb3retro is asking garfield to post his details, let's take this a step further and post the picture and names also alongwith other details, to put a smug face with smug messages.
    Peace out.
    Atul





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  • eb3retro
    09-11 11:48 PM
    Folks,

    We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.

    We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...

    I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...

    Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...

    gc_mania_03

    well said gcmania, I like your attitude.





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  • 485_se_dukhi
    07-20 03:03 PM
    This link shows which senators supported and which ones opposed the bill.

    http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    This motion was defeated by a very narrow margin (5 votes)... and you can see that exactly 5 senators abstained.

    So, what this implies that some effort needs to go to contacting fence sitters and apprise them of our views and hopefully, get them to support us.

    Would appreciate guidance from core team on this....





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  • rangaswamy
    02-12 04:13 PM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks

    Nebrasaka takes anywhere between 3 to 8 months. Texas takes anywhere from 12 days (in my case) to 2 months.
    Texas is much faster.



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  • fromnaija
    09-15 12:46 PM
    I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.

    From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.

    If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.





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  • iv_newbie_2007
    06-16 10:06 PM
    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    ----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.



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  • GCWhru
    03-24 12:22 PM
    I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?

    Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.

    If you have traveled you have different i94 from the recent travel and different one in extension.





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  • eb3_nepa
    06-22 09:16 AM
    Agree.
    Initial Evidence for I-485 includes
    1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
    2. Employment Letter (for GC job)
    3. Proof that person is maintaining valid status in USA since last entry in USA

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002

    When you say

    Proof that person is maintaining valid status in USA since last entry in USA

    What documents prove that exactly?



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  • godspeed
    04-16 12:54 PM
    doesnt make sense, how does h1b-lca matter to I-485 adjudication?, isnt this a clear case of witch hunting?





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  • shantanup
    03-18 11:10 AM
    How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.



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  • ravi.shah
    01-28 11:34 AM
    Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!

    Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)

    Awareness is increasing.... and realisation is happening..
    Hopefully something materializes soon !!!:)





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  • gotgc?
    08-13 10:39 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...



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  • stucklabor
    03-11 12:12 PM
    Thanks buddy. That was the answer I was looking for.

    No probs, we owe as much for all the hours you have put in with the EB number analysis.

    But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.





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  • veereddy
    04-14 12:09 PM
    Congratulations, enjoy freedom.



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  • ameryki
    07-16 11:42 AM
    Hello,

    I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.

    Thank you

    While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.





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  • wam4wam
    03-06 01:35 PM
    i did not use the fax service

    i used the link from www.senate.gov

    i have always gotten response when i used that link

    Sen. Dewine is aware about the issue

    thanks



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  • FredG
    June 25th, 2006, 08:40 PM
    If the bidding gets high enough, we'll work out the details.





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  • a_yaja
    03-07 03:34 PM
    My current H1 stamp is for company A.

    Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
    Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.





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  • ramus
    06-11 07:40 PM
    This is not good statement.
    He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
    We need more members and we can't run away our members with this kind of language.


    Cut this crap of being positive!!!! A fool is a fool!!!





    krishnam70
    05-06 11:43 AM
    I have been a silent follower of IV for more than a year but this is my first post so be kind :)

    I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().

    I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.

    The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.

    I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.

    Thanks in advance :)

    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris





    surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.


    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.



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