Sunday, June 26, 2011

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  • TomTancredo
    01-10 05:17 PM
    All,

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !


    I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.

    If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.

    I think we as a community better off if you can reveal who the employer is.





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  • amitjoey
    05-09 02:32 PM
    Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?


    Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.





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  • akhilmahajan
    07-11 09:32 PM
    If this happened to your daughter before even the july fiasco, what didfference it makes if it happenes again with the fiasco over our heads?

    What kind of identity theft you think will happen and why?

    When it happenes with your credit card at famous outlets, why the heck we should be too worried if it happens at USCIS?

    Whatz your point?

    Cant you think and understand what the post meant?
    He is mentioning a very valid point. 485 has all the information which one needs to screw up some one's credit history which takes years and years to build up.

    I hope now u will get the point.





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  • sbabunle
    10-07 03:59 PM
    Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.



    If a person has a copy of 140 approval, can he/she port the PD even
    if the employer revoke it?

    thanks
    babu



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  • BharatPremi
    12-09 12:12 AM
    My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.

    I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.

    Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.





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  • glus
    07-13 11:14 AM
    reliable source says July applications will be accepted until July end and everything will be current in August bulletin also.
    reliable source - lawyer knows someone on---

    That's the key word here. ....I don't believe in "reliable" sources. I need to see the outcome.



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  • naushit
    12-18 09:37 PM
    I would like to register...Just leave message here?
    Is there anything I can do?

    Please let me know.

    -Naushit.





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  • bugsbunny
    04-11 12:39 PM
    How much money you have donated?

    This knee-jerk response to question the questioner is not needed.
    Whether he/she has donated or not ...is not important.
    Everyone who has contributed towards IV and/or intends to contribute towards IV will ask this question. It is not intended to insult or to question the laborious work done by IV. I am hoping more people realize this.

    The answer to your question is that IV will not discuss the details of their expenses in public forums. I am not quite sure if its discussed in the donor forums.

    However i think a general idea about what the expenses are is as follows.

    These are my guesses : (IV Core please feel free to add/remove items to this list)

    Ongoing Expenses: Maintaining this website, phone for IV, paying for reputed lobbying consultants, paying for attorneys to pursue important issues in court.

    Advocacy Events: renting out hotel suites, possibly paying for lawmakers expenses to attend, advocacy packets for lawmakers, helping members with expenses to fly to DC and meet lawmakers, other miscellaneous expenses stationary/food etc

    Please understand that this is an all volunteer based organization and there are no absolutely defined positions/roles played out by members. Members join and help out in areas where help is needed.



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  • waitingnwaiting
    05-09 10:06 AM
    I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.

    For them there are strict check at airports.





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  • kishdam
    03-20 09:56 AM
    The second bill (HR 5634) says that people with PhD from US universities are cap-exempt from EB. So it means some quota will be freed up from EB1 and also from Eb2-NIW.

    Read all the bills. I guess you are bummer !!!!

    I looked into the PDF's - seems like PhD does not have to be from US universities (can be from anywhere within 3 years of applying for greencard).

    Of course it would have helped more if masters is also included but this is at least a start - hopefully more provisions might be added as it goes for debate.



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  • sbabunle
    12-01 04:02 PM
    I've gone through the pretty much same situation and had a hell of time
    with it.

    The best way in my opinion is:
    1. Stamp H1B with latest approval from India(Home country) is the BEST way.
    2. If you have the approval right now goto Mexico or Canada and stamp it.
    3. Show the new approval letter to the POE and beg him to give the new data ( Mar 2007). ( Incase you dont stamp VISA).
    4) Incase you dont want to stamp and at POE officer gave you Feb28, immediately after reaching here, do an amendment on you H1B saying
    a slight change in job description. ( Like add one more thing in your responsibilites or whatever)


    If he gives Mar 2007 on I-94 you are okay. If he give Feb 28 that would
    create problems. I did not know it first time and found it after the date expired on the I-94. Murthy advised me to do an H1B amendment. So I had to spend about 3grands on this. Atty said technically I had some 2 months out of status stay. I travelled out after this incident. Nothing happened to
    me on the way back. So I guess everything is okay.

    I would recommend as clean as you could with these things, since doing business with USCIS is an ugly one.

    best regards
    babu





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  • abracadabra102
    08-14 10:16 AM
    paskal,
    you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!

    texcan,
    allow me to indulge you with this rhyme

    member -> 50 posts
    senior member -> 100 posts
    administrator -> 5 gazillion posts
    one small card green in color -> PRICELESS

    peace of mind is something forum post can never bring.. for that you need green card !

    Well, I heard that THE CARD is not green anymore:D



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  • ramaonline
    04-20 04:04 PM
    I was just thinking if it would help to gain more publicity if this site goes by a different name. On several instances while calling lawmakers or other people, the moment I mention immigrationvoice.org they think it is related to Illegal immigration / CIR etc. I need to stress that it is about legal immigration.


    Even the flyers don't catch enough attention
    Any name that does not have immigration in it (something like numbersusa), and reflects our main focus - green card retrogression and legal immigration would help - Just a thought...





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  • glus
    10-17 09:31 AM
    If you enter on AP, but have a valid H1 extension approval to xx date, and the xx date approaches and you are working for only the original H-1 employer maintaining ALL the conditions of H-1, you can request an extension of H1 status and if all is ok and it will be granted and you will get back on H1B non-immigrant status. But until such time, one is not considered in H1 non-immigrant status but "adjustee of status," which is NOT any non-immigrant status.
    Read closely if you did not understand the above.



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  • nowhereman
    01-31 10:01 AM
    Are you out of your mind ? You are taking a huge risk by staying in the US and droping your Canadian PR because of some "probable" green card. What makes you think that by the time you finish school the situation will still be better in US. I hope you will not regret this but think about your family. In 3 years you and your family could be happily in BC with free health care, great weather, less stress, travel wherever and whenever you want, have your own law firm.

    OR you could be a stressed H1B (a.k.a educated slave) waiting for I-140, I-485, EAD or whatever to come through.

    Just because you asked, I have been in this same situation. But in my case, the decision was easy. I was on h1b making 69k. The same job in Toronto offer $55k CAD. Much less, but with my freedom to consult on the side and my wife's income we bring over $100k. We vacation in Florida for a month every year to visit friends. Life has never been better.

    Whoever tells you to stay and take the risk is putting your family's hapiness in jeopardy. But the choice is yours. Just don't come here crying when CIS finds a problem with your application.

    Thanks gomirage for your views as an actual Canadian resident! I have worked with several Canadians before, and while they all complained about the high taxes it seemed like they generally thought they had a better lifestyle in Canada than in the US.

    However, some stuff I've been seeing on sites like notcanada.com concerns me. Is Canada really a place where it's more profitable to sit around and collect welfare than to work, assuming you can even find a job? Are Canadians more racist than Americans? Is it really hard to get by career wise and socially if you're not a native or have the appropriate connections?

    I would really like to hear the views of someone having moved to Canada from the US about these issues!





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  • sagi9
    12-08 05:45 PM
    Hi,
    I am in the same boat. My EB-2 PERM came for audit on November 28th. We are still waiting to reply by the deadline which is December 19th. I got the same request from DOL(business necessity letter + recruitment efforts). I can only say this, The DOL audit's increased since October 2007 after closing all backlog elimination centers. Almost 50% of cases filed came back for audit. Audit is nothing but just request for documentation. So if you reply for the audit, you can expect a reply within 60 days. I am on my 19th month on H1B.
    PERM applied : November 2,2007
    PERM audit request: November 19th, 2007
    Audit Reply date: N/A
    EB-2
    India



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  • ivuser
    02-16 04:24 PM
    Changing company after getting Green Card

    I would like to discuss this important topic about changing company after getting Green Card (GC).

    I do understand this topic was discussed in the past and lot of our members may have enough information about the topic. The reason why we need this new thread is to consolidate various immigration lawyers’ opinion in this matter, so that our members could take informed decision.

    Question is how long one should work for the same company, through which they are getting the Green Card?

    My Opinion:
    Do not change job at least for 1 year. The law does not specify the duration for which you should work for the company through which you got the GC.
    The official rule is that you must not have any preconceived intention to leave the job when you get your Green Card.

    I am going to update various top lawyers opinion in the next section.





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  • vasa
    07-03 03:34 PM
    American Dream suspended on the eve of American Independence

    For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.

    Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly

    referred as "Green card" will move ahead from its deep slumber.

    To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the

    requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
    the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.

    The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
    for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
    drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
    back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude

    shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
    This has left thousand of families like us confused, saddened and in the middle of nowhere.

    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
    tee..
    On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..

    God bless America.





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  • hanu_78
    08-14 07:53 AM
    Count me in too
    I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.

    PD : EB3 SEPT 2002.





    walking_dude
    11-24 12:32 PM
    Instead of asking for more bread, we are fighting ferociously for the scraps like dogs!

    It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.

    Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.

    For the August visa bulletin, USCIS gave all the extra quota to EB2. I don't think this is fair for all the EB3 people. I thougt the reason they gave all the quota to them was the EB2 included NIW. But NIW is just a small portion of EB2. Majority EB2 peopole are like EB3 working for companies and not necessarily important to give all the extra quota to them. If the policy continues, our EB3 will just become fake immigration. You don't know how long we can finalize our case. Gugs, please work together and let our voice to be heard by USCIS. Hope our organization can help us.





    casinoroyale
    03-18 02:26 PM
    You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.

    That seems to make sense, because there is no such a thing like a H1-B transfer as every application is a new one, so you can't really file a new H1-B with no grounds when 485 is denied and you have already used up 6 years. But my friends, but but but, you can always file a Labor with employer B and when its pending more than 1 year, apply for H-1B extension/transfer. Woo hoo...



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