суббота, 11 июня 2011 г.

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  • like_watching_paint_dry
    12-21 09:40 AM
    tell your friend to put 33% less effort on the project work. take 1.5 days in a week off for searching for other jobs and talk to a lawyer, DOL. with the offer letter he can be sued by a gain-share arrangement with some lawyer - these lawyers charge no upfront fees but the lawyer takes x% of the damages awarded... better a blood sucking lawyer make the money than a blood sucking employer.




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  • rolrblade
    10-08 09:57 AM
    Hello Friends:

    I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.

    I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.

    My questions are the following:

    1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
    2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
    3. Do I have any other options here (I dont have EAD yet, just applied last week)

    Your responses would be greatly appreciated. Please help.




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  • champu
    03-12 09:46 PM
    Thank you all. I hope this year all of you would also sail through this tough journey.




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  • hydboy77
    06-22 07:19 PM
    good one. Here is the schedule for USCIS
    2009 Pre-Adjudicate 485
    2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
    2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
    2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
    2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
    2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485

    and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.

    Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.




    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D



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  • vali
    10-23 11:38 AM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)




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  • hanu0913
    10-08 03:12 PM
    Your sentences are confusing. Please no offense.

    You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.

    My case : got GC on June. Filed wife's case in June and she has an EAD.

    All the best.

    so here is exact question , what about if i get GC approval before my PD gets current?



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  • ita
    01-15 06:04 PM
    I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.




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  • cooler
    07-20 07:19 AM
    You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.

    In the last decade of living here a lot has probably changed in ones life. In my case

    1) Perception on life.
    2) Understanding the essence of being happy and what is truly important in life.
    3) Tired of the Rat race (IT job)
    4) Parents/old age
    5) Desire to simplify life and go back to the basics.

    Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??

    Anyways, these are just ramblings from a tortured soul.

    Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?

    cooler



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  • invincibleasian
    03-27 02:03 PM
    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.
    Amend the LC!




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  • roseball
    08-03 07:49 PM
    If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......

    Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....

    Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck



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  • WaitingForMyGC
    01-09 02:30 PM
    It would definately move..but movement would be backward. :-)




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  • Pineapple
    03-06 03:23 PM
    I just faxed the letter from USCIS asking for $ 5000. (I had received it yesterday)



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  • gsc999
    06-29 01:41 AM
    Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.
    ---
    Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
    Beware! Big Brother is watching.

    That is the reason I didn't support the US soccer team at World Cup.
    US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

    Hilarious! Couldn't resist :o




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  • illusions
    03-12 10:23 AM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

    Congrats, yup i have seen others with the same in some forums where the online status shows pending but the case is approved.



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  • james_bond_007
    03-13 12:01 AM
    Congratulations !!

    Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..




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  • satyasrd
    06-01 09:31 AM
    I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
    I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
    I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?



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  • extra_mint
    04-22 11:49 AM
    I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response

    Based on my research the response should be
    List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title

    Also I checked this is pretty normal RFE (many people get it)
    Check the link below
    http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]





    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?




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  • balan2008
    07-07 05:46 PM
    Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
    The Primary's GC application will not be affected with the Divorce.

    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?

    thanks
    balan.




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  • senthil1
    09-19 06:45 PM
    Yes any bill which has H1b increase will have slim chance of passing. Also whenever Cornyn introduces bill Durbin introduces his bill(SA2238)
    and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.

    Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.




    gcisadawg
    04-07 05:08 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.




    A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.

    rgds,
    g




    BharatPremi
    10-10 12:10 PM
    Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
    Your employer filed your Green Card under EB3 � NON RIR category. Down
    the road your company filed the Green Card for your Pakistani colleague
    in year 2005 and in year 2006 November you came to know that your
    Pakistani colleague became permanent resident as his GC application
    approved. Upon hearing this news you get frustrated. What do you think
    why your Green card is not yet approved? What could be the reasons
    behind this long delay?

    A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
    For that mistake what your ancestors did,USCIS is making you to pay the
    price for that as now you have decided to become permanent resident of
    USA.

    O.K. Humor asides.

    First reason:

    It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
    (Recommended top limit is 140000 visa applications worldwide).

    Second reason:

    In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.

    Third reason:

    Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.

    Fourth reason:

    USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.

    Fifth reason:

    Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.



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