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  • BharatPremi
    11-06 04:35 PM
    gives good insight about the infopass

    Thanks buddy.





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  • logiclife
    12-13 03:23 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

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


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.





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  • eb3retro
    01-13 03:44 PM
    Eb3Retro,

    Did you drive car on High Way over the speed limit and got ticket.
    And passer by drivers at Higher Speed than you. Can you point police for stopping you.

    So don't tell that you are fine and everybody is fine.

    What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.

    Try to accept rules guys....

    easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.





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  • gmpa
    01-11 11:28 AM
    I sent letters to the President and IV.



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  • swamy
    04-01 10:47 PM
    Ramba and others
    Thanks for all your responses, It is clearly the attorneys fault.
    - I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
    - I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
    The error is with the Attorney and it is one of the big immigration firms.

    What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys

    Please help.

    oh boy - pls tell me its not fragomen!





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  • gc_on_demand
    06-12 10:28 AM
    Can we have some update at 11 AM ?



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  • belmontboy
    05-18 06:12 PM
    while only a handful of members expressed their enthusiasm, the core and rest seem to not care about this proposal.

    CORE members, do you have any inputs here? It necessarily doesnot have to be agreeing with us, just that ur silence bothers me!

    Considering the current economic situation, i donot expect much progress in addressing country quota elimination/CIR's.
    We should atleast try to get our issues addressed in bits and pieces. Overall, anything to address retrogression should be welcomed! rather than 'debate and beat the horse to death.'





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  • needhelp!
    01-12 03:15 PM
    Hospital only drawback is that its close to impossible to have a completely unmedicated birth. Take their free tour, its fun to see a different perspective and hear how they do things.


    thanks for the info.

    I am little hesitant about this, I mean house like setting with midwifes. my wife is little bit uncomfortable.

    I am looking for options where I can get a payment plan from hospital.

    I have called few hospiltals and doctors. will post will more details once I finalize.

    Thank you very much!



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  • gc_on_demand
    05-19 10:16 AM
    Please submit ur answer at this thread.

    http://immigrationvoice.org/forum/showthread.php?p=342110#post342110





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  • santa123
    12-01 09:52 PM
    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.

    Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck



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  • pasupuleti
    02-28 07:49 PM
    We have a meeting with Zoe Lofgren Staff on March 8th @ 2:30 PM
    You could find her san jose office address @
    http://zoelofgren.house.gov/ . Let me know if anyone wants to attend this meeting.

    This meeting in silliconvalley which is the home for most h1bs. Please come forward to attend this meeting.





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  • rajakannan
    06-27 08:43 AM
    Hi Rajakannan:

    You fall under either of the following two.

    Positive thinking: You are a Gandhi

    Realistic Thinking: You are smart .

    Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.

    Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..

    I donot even understand, how you can think like this...

    Please donot open thiskind of discussion, people have better things to do in life than reading this..

    Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...

    BTW: can you post your PD details...

    best wishes.

    I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.



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  • mygoodluck
    08-15 02:24 PM
    Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.

    USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.





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  • GCNaseeb
    11-06 07:52 PM
    Though I have signed G28, I have received both AP and EAD. Attorney did not even know that I received my AP and EAD.

    I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...



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  • ujjwal_p
    06-05 03:38 PM
    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.

    He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.

    I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.





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  • ramineni11
    05-17 12:09 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.


    In that case its better to go to India and lead a much better life than staying in this pathetic state here.

    Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.

    Living like this is not only bad for one's self respect but is also certainly illegal for the employer.

    Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.



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  • desi_voice
    04-16 03:56 PM
    Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.

    OP, could you please confirm if this is the case with your background.

    Hi Gapala,

    After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.





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  • gcgreen
    08-11 06:26 PM
    IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

    One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

    So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

    Then again, I am not a lawyer and all that...

    How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?





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  • pappu
    05-12 10:02 AM
    The bill text says there is NO fee and the applications need to be processed expedited.
    --------------------------------------------
    SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
    --------------------------------------------

    So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.

    This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.

    We as a community have not even done 5 % of the hard work that DREAM act advocates have done. So such provisions are well deserved by them for the hard work they have done. If we had done enough work for our provisions, there is no doubt our provisions would have seen the day. You need to do some search on all the DREAM act advocates have done in the last few years to reach where they are now. And then compare it our community effort and you will get the answers.

    We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.





    mallu
    12-02 02:40 PM
    12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion

    A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
    This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
    Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
    The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.





    chanduv23
    07-10 08:29 AM
    As one of the contents in our rally in DC and SAN JOSE we can mention something like

    CNN/LOU DOBBS LISTEN TO US - DON'T SPREAD FALSE NEWS

    Ifv other media picks this up, CNN may start getting worried and change its course. It is all not about lawsuits or legal, but about truth and how to expose truth.



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