Monday, June 20, 2011

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  • gemini23
    08-29 10:35 AM
    Mr. Plassey,

    What gives you the right to talk in such a nasty way to a guy who is already in distress. Please maintain minimum decency when you talk to others. If you dont have anything to offer, you dont have to post. But dont be rude to people.


    I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.





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  • NKR
    10-21 03:18 PM
    Despite of my request on RED dots and interpretation issues,

    Some one gave me a RED dot for this posting. It is as follows

    1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))

    Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.

    We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.

    We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).

    Core member do some thing.


    The least you can do is ignore the dots, the more you talk and complain, there are people wanting to give you more, it is like this.. the more I listen to Shawn Hannity, the more I turn democrat.





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  • pappu
    01-31 11:02 AM
    There are now couple of threads and several posts in different places on the same topic. I have merged 2 threads.
    be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.





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  • GCInThisLife
    07-19 03:07 PM
    Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working for them.

    I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.


    It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.



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  • jethro11
    04-20 02:41 PM
    Solaris27,
    Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!





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  • raamskl
    07-31 08:48 PM
    How did you get the LIN number for this case?

    Hm.. I was thinking that these are random #'s that I had typed in earlier and which IE had saved in the form box. But now I think about it, I believe i got these numbers from this forum on some thread long time back.. Don't know which one, I have edited the post now to mask the LIN #.

    Cheers.



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  • TomPlate
    12-13 05:26 PM
    Outsourcing is not a good business at all. If you work for a big american consulting company it is good. My company is a big company in India, but still people in my work location think we people are contractors (cheap sweepers) and we are great workers then those people. It is all due to green card I have to stay with this company. Stop outsourcing and IT consulting companies. They never understand that computer is a scrable game.





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  • rkotamurthy
    10-11 05:21 PM
    I was in the same boat -stuck in DBEC upto July 20th. I just scrapped thru and filed AOS Just-in-time.

    For all those stuck in BEC and missed the July 2nd- Aug 17th window, please be assured that IV has not forgotten about you. One of the items IV has always been pushing for is "ability to file AOS (I-485) when Visa number is not available".

    Please remember - Not doing anything about your GC situation is not an option



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  • natrajs
    09-21 04:29 PM
    You know that's my point. do you really think we can't do nothing more?.....

    we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....

    This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...

    So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.

    I'm no negative just wondering how to measure the success of the rally?


    Dear Friend

    As you said nothing will happen now, The Whole idea of rally is create awareness among the lawmakers.

    In a Old say " The Person who plant a mango tree will not be able to eat that mango, however the next generation will do" I assume that person is selfless.

    Let us all hope the best





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  • labor2003
    04-01 06:34 PM
    Just sent fax # 10 and 11.



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  • sanju
    09-08 08:24 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.





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  • rssb
    01-25 10:52 AM
    Also shops/ people who have purchased substitute labor during the July 2007 window and faked lot of other things and are enjoying Ead's now.

    When hundreds of genuine people stuck in EB3 from 2002, 2003 are unable to port or start new applications waiting forever. People with Substitute labor are able to show 3-4 years experience since 2007 and are porting leaving genuine EB2 and EB3 applicants behind.



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  • sunty
    12-01 12:19 PM
    Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...

    1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"

    2. Since the spillover also includes Family based to EB, this even more complicates the above issue.

    3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...


    So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(





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  • rolrblade
    02-12 02:44 PM
    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.

    I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.



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  • gc_on_demand
    11-21 11:29 AM
    Dear Friends,

    As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.

    Floor Summary: http://clerk.house.gov/floorsummary/floor.html

    3:02 P.M. -
    The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.



    HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.

    I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.

    Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.

    We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.

    Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.

    So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.

    Let�s keep HOPE alive!

    I was pushing it for week. I tried to email her. It didnot work out.. On her website if you are not from her constitute it will not allow to send message. I called her office to and lady asked me details first like name , address and she said I should call my local rep. Also she didnot give any details on HR 5882. I was asking support from some member from her consitute and get the thing going ..no one showed interest. People are busy on AC21 thing. I think its good for them but doesnot matter for me who didont even file I 485.

    We are in such a minority in terms of immigrants. 12 mil Illegal Vs 500k legal ( who are waiting for visa ) Out of that who knows how many we are on this site ? may be 10 % or less.. and people starts campaign for AC21 which brings number even smaller. How can we get success... We should think broad. The whole point of this was forum should be for every one. I know we had done a progress. (1) We did good job on July fiasco. only helped those who were waiting for filling 485.. ( may be 90 % of population of this site . )
    (2) then we did good job for 2 year of EAD
    (3) Now AC21..

    but this is helping only few % of us. and becoming less and less as some senior members get GC and leave site.. In order to attrack more and more people we should be broad. Our primary goal should be Backlog and increase visa .. Unless congress increase visa nothing will happen to backlog.

    Good start and let me know if you need some help on this campaign.





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  • Libra
    01-16 01:00 PM
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  • nrk
    10-26 11:39 PM
    Sending it to DOS would be a problem ??


    But why are they sending it to DOS unless you file for Consular processing?





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  • coloniel60
    08-13 10:39 PM
    My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.

    No where in the I-485 standard operating procedure do they mention that second filing will be rejected. This is what they say:

    "Second filings refer to I-485 applications submitted to a service center with
    a new filing fee even though one may be pending at another INS office.
    Second filings will be handled under the normal process."

    Just mention in the cover letter that you are mailing again because you didn't get a receipt notice even after 60 days and that USCIS has issued an update that they have processed all application past your mailing date.





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  • saketkapur
    11-21 04:25 PM
    I-485s Not Tracked by Priority Date

    A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.





    hopefull
    07-06 04:26 PM
    Sorry to hear someone hurting this much!


    ABEY DHAKKAN

    TRUTH HURTS AND WHY ARE SO SORRY..

    DID ANYONE ASK U FOR YOUR WISE COMMENTS ..

    KEEP UR TRAP SHUT IF U HAVE NOTHING TO SAY





    venetian
    10-10 12:47 AM
    Beware of companies that have office in Ameerpet, Hyderabad. Most of them are phony companies.



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