Thursday, June 9, 2011

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  • spgtopper
    05-09 04:08 PM
    Hi dudu,

    If you attend the local event on May 15th, you will be able to get a ton of local contacts that will be very useful in forming a group etc.

    We are hoping that at the May 15th event, several local (DC metro area) IV members will meet and get to know each other as well - that should be a good start to form a strong local group.

    S.





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  • Berkeleybee
    03-02 05:48 PM
    For everyone who wants to get something going -- i.e. come up with an idea, a strategy to execute and then deliver, please get in touch with the relevant task team leader. Understand that all of them are PROFOUNDLY busy, so gather your thoughts and work out at least some details of your idea before you get in touch with them.

    For Membership: Jay at jay@immigrationvoice.org

    For Media: Sunil at sunil@immigrationvoice.org

    For Content: Sandeep, sandeep@immigrationvoice.org

    For Liaison: Aman aman@immigrationvoice.org and Shilpa shilpa@immigrationvoice.org

    For Meet the Lawmakers - anurag@immigrationvoice.org and pratik@immigrationvoice.org

    Hope I'm not missing anyone -- core, please fill this in if I've got it wrong.

    Thanks,
    Berkeleybee





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  • Harivinder
    04-12 06:54 PM
    Nice thoughts Harvinder,
    But this exactly what we tried to do through the recent campaign on admin fixes..

    Hi singhsa3,
    Campaign on admin fixes was targeted towards White house and USCIS. I am talking about putting our point in from of big Software industries and them approaching Congress.





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  • kondur_007
    07-30 07:32 PM
    I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.

    Some one has told me that I can use consular processing but have no idea about that.

    Please help me and let me know what are possible options for me to return to US.

    I am sorry for what happened to you my friend.
    This is what I would suggest:

    1. Contact your attorney in US and consider options.
    2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
    3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.

    Good Luck.

    (PS: Just like it says in above post, you can not apply 485 while outside US)



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  • dilber
    07-16 06:24 PM
    How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
    This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.





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  • yabadaba
    05-21 07:29 AM
    was this when you were entering canada?



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  • furiouspride
    01-04 09:43 PM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance

    Next time, instead of digging up a 3 year old thread, try the PM feature :)





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  • Ramba
    10-05 05:01 PM
    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.

    If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.



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  • Humpakistani
    03-26 02:13 AM
    its processing time is not more then a week





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  • Rayyan
    08-04 12:52 PM
    Please http://www.indiacgny.org/
    under Consular services----> passport----> name change.
    It is pretyy easy.
    Thx



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  • gcdreamer05
    03-13 10:11 AM
    congrats man , have fun put up a big party rock and roll and jump man jump....... after so many years u got ur green..........





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  • cinqsit
    02-02 08:43 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

    Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)

    Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.

    They will check for ability to pay and other checks the they do at 1140 stage again.

    Good luck

    cinqsit



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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.





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  • vdlrao
    06-01 09:26 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.

    really good information.



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  • chanduv23
    02-24 09:27 AM
    Thank you theshiningsun and chanduv23.

    Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

    I want to clarify little more.

    1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

    2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

    Here is the whole meat - I have written about this probably 200 times.

    You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.

    If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.

    Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.

    In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.

    AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.

    Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.

    Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.

    If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.





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  • nk2
    06-17 12:15 PM
    There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.



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  • harivenkat
    05-11 01:11 PM
    talking about backlogs





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  • nirenjoshi
    03-06 01:07 PM
    I received the letter yesterday but its at home. Wont have access to a Fax machine over the weekend - so, any email address where it can be scanned and sent?





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  • GCBy3000
    01-14 12:52 PM
    Only H1 reform is likely by feb 15th.





    pamposh
    10-26 08:34 AM
    Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

    I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.





    MightyIndian
    06-05 11:24 PM
    The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
    USCIS
    Texas Service Center
    4141 N St. Augustine Rd
    Dallas, TX 75227.

    I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.

    MI



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