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  • Nil
    05-13 08:01 PM
    Hello cool_desi_gc,

    I downloaded the access database but could not find employee name in there. Is there any other way to get the labor record? Also I don't have the labor case number to match to this record.

    This is for PERM data only.

    Can you pls say how to find out for non perm cases?





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  • virens
    05-24 12:55 PM
    Done





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  • BharatPremi
    10-19 11:00 AM
    Do not forget to count the effect of the fact that once congress pass FBI Background Checks Improvement Amendment to CJS FY 2008 Appropriations Bill, total load again will cross more than 650,000 (320000 + June application load +Namecheck stuck files + August and onward load) at least. So in theory Namecheck stuck guys will start popping out of the system first and then us. And this may make all bulletins till 2008 end slow not moving beyond 2003 for almost all EB2-3 categories in general. Now Senate has already passed that Amendment. Ofcourse if it will become law through passing of the bill and till then we all will have to wait. But if it is passed will be effective mostly from 2008.

    http://levin.senate.gov/newsroom/release.cfm?id=285400

    Notes:
    ------
    (1) USCIS claimed having 320000 AOS filings but it has not claimed that all those are from EB category only so do not
    forget to assume some % out of that from Family category as well.
    (2) USCIS has not claimed number for Consular Processing. Now Yearly limit 140000 covers Consular Processing files
    as well. So assume this as well for your statistical prediction base.
    (3) USCIS has not put any number for concurrent filers out of these 320000. So you will have to make their category
    little separate for your analysis. The reason is that their whole processing now solely depends upon I-140 approval
    so in theory even if date becomes current for them, if I-140 is not approved, their files will not be processed.
    (4) You will have to make a base for "Fence Jumpers" in your analysis (CP to AOS and AOS to CP)





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  • mirchiseth
    06-06 10:49 AM
    The con's mostly depend on whether you have already exhausted your 6 years of permitted H1B.

    From my understanding if one has approved I-140 and I485 pending > 180 days, 6 year limit on H1b doesn't hold. At my present employer I am on h1b and this is my 9th year. I am quite sure a lot of folks on the forums are in the same situation.

    Does anyone think it would be problematic to transfer H1,

    if the person is in the > 6 year of stay on H1B
    has approved I-140 and
    I495 pending > 485 days



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  • willigetagc
    08-14 11:26 AM
    Dear IVans,
    Now that the SEP VB is out, what does this indicate in terms of
    - future VBs
    - visa availability in the coming months
    - awareness about visa wastage
    - dates becoming current for most EB categories
    - light at the end of tunnel for most of us
    - USCIS efficiencies

    Pls share your thoughts. Thanks!

    We will know for sure after Sep 30. If they don't waste any visas then it is a good sign.

    But if they do waste visas, inspite of all the leeway, requests, advise, whatever they have been given, then God help us.





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  • immilaw
    09-27 01:18 PM
    The large drop in competitiveness (is that a word?) in the U.S. is largely attributed to the immigrant population posting to message boards during work hours!

    So true. If the retrogression was not there, people will spend their time on other constructive issues.



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  • yabadaba
    10-19 08:02 AM
    i think before that we need to see how many lcs were awarded each year





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  • swamy
    12-09 12:26 PM
    please participate in the fund raising thread if you haven't already-thx



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  • mishra123
    07-21 08:30 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.

    Dear cyclone_p
    What happend to your third EAD falling? My EAD is going to expire on 6th August 2010. Don't know what to do. Please reply ASAP.
    Third time e-file by Attorney. Paper send to Nebraska. So far no receipt.





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  • GCard_Dream
    11-30 09:02 PM
    I am sure lot of us who are stuck in this GC mess like you can relate to your frustration and must be looking for a backup plan. There are certainly other attractive options like you mentioned if one does decide to jump ship and frankly I have done the same. Should this GC issue not get resolved in a reasonable amount of time, I am fully prepared and ready to jump off of GC wagon. I suggest we all do that.

    Guys,

    The reality is that we are just being played upon by the companies and the US govt regarding green cards. Employers know that we are not going to budge from our jobs to maintain the coveted priority date and the government is in no big hurry to reform the system as they can collect taxes from us without being accountable to us.

    I think Democrats are also going to drag the immigration issue as seen by the article below :
    http://www.suntimes.com/news/otherviews/151357,CST-EDT-Perez28.article


    I do not mean to doubt IV, but the writing is on the wall that our lobbying efforts are not going to go too far.

    For all of you single people out there, the only fastest option is to marry a US girl/guy. For all those who are married, the choices are simple, forget the American dream and adopt a Canadian or Australian dream or endure the uncertainty of a green card application.

    I have reached the conclusion that I cannot bear this uncertainty any more and therefore, I am pursuing other options. Ciao...Good luck to all those waiting for a GC!



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  • MerciesOfInjustices
    04-04 10:13 PM
    The idea for this organization was path-breaking to start with. On top of it all the hard work to sustain the effort, and advance it!

    I became even more impressed when I had an opportunity to interact with some of the "The 12 Wise People"! In my profession and my life, I have seen a lot - it takes a lot to truely impress me. The effort & zeal- not even one per cent of which is visible to the public - has been illuminating.

    Believe me, as things will unfold, everybody will realize how selflessly these people have led this struggle, and continue to do so! The benefits of this struggle will actually be available to one and all - the sceptic as well as the believer!

    To borrow one of these guys' salutation - Cheers!





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  • techbuyer77
    09-18 06:41 AM
    my lawyer as always only wanted me to pay in full :mad: however yesterday I got fp code #2 for 10/2/7 so i will take that day off and get appointment again!!! :eek: and will be back with news



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  • Saralayar
    12-17 03:44 PM
    Take a permanent job which is "same or similar" to the one in the underlying LC.
    I do not have a copy of the LC which was filled in PERM. How can I know the job description, so that I can use AC21 with the same job category and description? Any way to get the copy of LC directly from USCIS if the employer don't provide the LC copy?:confused:





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  • pappu
    02-11 03:10 PM
    EAD bole too....Daily Ticket
    GC bole too....Quaterly Pass

    Illegal Immigrant....without ticket...:).....freeloader

    And what is ctizenship?
    Lifetime pass :)



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  • anilnag
    11-07 08:21 PM
    I don't think there is any problem in EAD approval if you go out of country after filing it. I left USA the very next day of filing I-485. Still out of USA (in Canada). I already got my EAD and am waiting for AP. My attorney also said that for filing EAD, AP, 485 I must be physically present in USA.

    Just to be safe maintain your H-1B status in case there is any issue with AP (because of what murthy's firm told). I can update on my AP status as soon as I hear something.





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  • gc28262
    07-21 02:38 PM
    Contacting the indian Ambassador..that is something new..how can we contact him or how do we drag his attention....
    also those 140 processing times do not make any sense..a friend of mine got his 140 approved today..which was filed in Sep 07 under EB2 ..

    Let Indian ambassador fix the Indian consulates in US first. Service and courtesy at Indian consulates in US is so pathetic. USCIS is far better compared to Indian consulates.



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  • inskrish
    07-20 07:09 PM
    Guys, I submitted my app on July 2 with matriculation as BC. I'm OK with RFE... Do you think it will be rejected????

    Hi,

    USCIS gives RFE for birth certificate related issues.

    Regards,
    IK





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  • EB3_SEP04
    12-03 10:40 PM
    We all know this EB3-EB2 game is total non-sense and unjust.

    So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.

    At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.

    In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).

    If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.





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  • bomber
    08-08 12:14 AM
    Yes , the employer is Desi. who else can do something like this ? :mad:

    After 6 months, can't we simple change employer on H1B and fire the previous attorney and ask him to send all the documents to the new attorney?
    Can USCIS send a duplicate receipt notice to our home address on our request?





    sledge_hammer
    04-10 07:30 AM
    Maintaining the I-9 document at the employer's location is required by law. Even if you have not signed anything except the offer letter, the employer cannot just deny having you work for his client and wash his hands off you.

    You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.

    Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.

    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday





    WeShallOvercome
    07-12 03:05 PM
    One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.

    I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.

    I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....

    Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D

    You don't need your PD to be current for EAD/AP



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