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  • eb3_nepa
    03-28 10:53 AM
    Jnayar,

    It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2

    best,
    Berkeleybee

    Berkleybee,

    We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.

    When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.

    Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.





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  • boston_gc
    01-20 09:29 PM
    My I-797 approval notice was received several months ago. Does that reduce the possibility of security delays? Also, is there a way to take proactive steps to make sure PIMS is cleared before visa interview date?





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  • uma001
    09-08 03:22 PM
    points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Friends,
    Green card dream is over. Now it's the time to get back to India or other countries.





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  • sumanitha
    07-12 05:35 PM
    Take one by one and try to answer properly.

    1. What is CIS is returning visa #'s to DOS.?

    There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

    2. How USCIS and Consulate can report unused Visa #'s?

    You might be reading the I-485 rejection cases by CIS and Consulate
    You might be hearing about USCIS is unable to process the applications received
    You might be hearing people could not able to file whose cased were current in June.

    All these Visa #'s are reported back

    3. To me around 20000 such numbers are available for this years quota

    4. Can my applications sneak into this #?

    Answer is uncertain.

    If your have an old priority dates then probability is high

    If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

    5. What would August VB have?

    If they do not approve any July2 filling then here is what they will do

    a) Retain petition with old PD and adjust them in Aug
    b) Reject all I-485 application for candidates recent PD

    They are making a decision fast, that the reason Aug VB is not yet published

    6. Will USCIS reverse the new decision?

    Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

    7. How about Law suite?

    :) Do not worry there is a slick chance. All govt depts. are inter related.
    Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.

    State--> Immigration --> Justice are all same with different names.

    I have no hope from this process. It's just building a fake hope.

    8. People are still filling the application.

    Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

    There is no guarantee that you will process your application from XYZ law firm in Oct.

    If you file now through them, you are bonded with him until you hear some good news from CIS.

    There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

    Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


    Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.


    I dont think whatever you are saying is true...

    State--> Immigration --> Justice are all same with different names.

    Please be careful while you post since lot of people are viewing it.



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  • Scythe
    10-29 07:57 PM
    Well you put tables in houses... so why not put them in websites?

    (Going with the given assumption that websites inherit from houses somehow.)





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  • veerufs
    08-06 01:36 PM
    Folks, Let us not use this forum for non-immigration matters.



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  • gccovet
    04-17 10:19 AM
    it is on the approved labor certificate, that my lawyer gave me

    How to find associated SOC code with DOT code (DOT code is on LC certification, OCC code , Ind COde and OCC title is on certified LC)? I tried to find my case in the MS Access databases (from year 2001 to 2007) but could not find my case at all. My PD is May 2004, and LC certified March 2006(was sent to Backlog Center in Dallas), which MS Access database do I need to look into?

    My title on LC is programmer analyst (OCC code= 030.162-014), read thru the forum replies, found that programmer analyst have OCC code= 030.162-014 and SOC code=15-1031, most of them found their SOC code from MS Access database(some found in their Certified LC??? ). I am presuming my SOC code to be 15-1031, but wanted to confirm that. I am debating on invoking AC21, but need to make certain SOC code matches with future employer (future employer gave me job code as 15-1031) as my future title will be totally different (instead of programmer analyst, it will be IT Business Specialist).

    Any help/hint will be highly appreciated.

    Regards,
    GCCovet





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  • nutakksa
    08-20 07:38 PM
    Did any body received FP notices from TSC recently. Looks like TSC has become slow for TSC direct fillings.



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  • rajmalhotra
    02-08 04:46 PM
    This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:

    "Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"

    From www.immigration-law.com
    ---------------------------------

    01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
    � Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
    � Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
    � However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.


    This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.

    http://immigrationvoice.org/forum/showthread.php?t=16188





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  • s416504
    12-04 02:23 PM
    I think EAD doesn't give us any STATUS. EAD gives us authorization to work.
    We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.


    I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!

    A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
    So think twice before you disclose that you are unemployed.



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  • Rb_newsletter
    05-03 09:15 PM
    Hi All,

    Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.



    As far as I know you cannot mail passports out of country. So same rule might apply for sending the passport through friends. Check the rules thoroughly.





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  • ndialani
    11-21 04:31 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?

    Thanks.

    I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
    We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
    You just walk across the border. No questions asked. Get a cab, they all know it!!!!
    i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
    Get the draft and walk back there. you will be required to show your passport at the bank too.
    If you are in a group or couple of you. One can stand in the line and other can to to the bank.
    Sprint phone works well over there at the border.
    If you have an I phone.....o'well!!!
    If your case is straight forward....it should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
    If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
    KEY IS TO GO AS EARLY AS POSSIBLE. MAY BE 6:00am.
    We did not take any permit or visa as it is within 20 mile distance.
    On over way back , we got a new I-94 at homeland security office. It is very important.
    any questions....feel free to PM me.
    Good Luck!!!



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  • gapala
    03-31 01:26 PM
    take that dispute report and go to your local police station..

    I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.

    if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...

    If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.

    Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.

    Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.

    Good luck.





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  • h1techSlave
    03-25 05:12 PM
    I think we all should vote for just one immigration related question



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  • vinabath
    03-24 03:14 PM
    list of some of the threads created by "vinabath" - how many do you see meaningful???

    Thread / Thread Starter Last Post Replies Views Forum

    No more LC substitution, No more delays in 140. What a relief
    vinabath Today 02:55 PM

    what would you do if you get GC tomorrow? ( 1 2 3 4 )
    vinabath Today 02:37 PM

    What does the dots in my profile mean?
    vinabath Today 02:00 PM

    Tips to get your GC in a YEAR ( 1 2 3 4 )
    vinabath Yesterday 03:38 AM

    by vinabath 0 445 Retrogression, priority dates and Visa bulletins
    Poll: How many will be happy if..... ( 1 2 )

    by vinabath 21 1,922 Priority dates transfers and Post 140-approval options
    H4-H1 stamping in chennai- Visa renewal??


    by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
    BIG JOKE on us by USCIS. Story of the Century.

    vinabath 07-02-2007 04:00 PM
    by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
    Medical Report Delayed by Six months

    vinabath 06-15-2007 01:38 PM
    by franklin 8 653 Medical exams and related issues
    Y1 Visa - Lets make USA as Dubai

    vinabath 05-18-2007 10:44 AM
    by vinabath 0 468 Retrogression, priority dates and Visa bulletins
    EB2 India - Feb 23 2003. Is it possible this year??


    I am exposed now.





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  • GCNirvana007
    08-31 02:07 PM
    Finger print done Nov 2007. After that, one LUD in June 2009. Thats it.



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  • EndlessWait
    09-08 12:02 PM
    so why complain.. ofcourse just kidding! , no pun intended





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  • anu_t
    05-13 04:53 PM
    His position requires Masters Degree

    The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
    just "masters degree required" is sometimes not enough.





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  • gmpa
    04-30 03:47 PM
    I-140, TSC
    EB-3 regular
    Received date: 12/12/2006
    Notice date: 12/27/06
    Status: Pending





    nousername
    09-04 12:57 PM
    More than the economy, companies willingness to pay, agreement, etc I think it is very important for the applicant to understand the delays s/he "might" face while the GC process is ongoing. As we all know it can take as much as up to 10 years for the GC. During this processing time, some of us decide not to take risk and avoid things like expanding the family, buying a house, etc, etc (everyone has their own list).. Which is totally understandable but is GC worth putting your life on hold?

    If the answer is no then go for it man and apply but if the answer is yes then you might want to reconsider the GC thing..

    At the end of the day it is very important for the applicant to set their priorities and expectations right, as mid-way many of use get really frustrated..

    But again, there is no good or bad time to file for GC if you know what you want then by all means go for it.

    Disclaimer: I am not discouraging anyone from applying for the GC. Everyone should go for it as bigger the line bigger the pain, result bigger the gain for all of us :)

    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M





    chanduv23
    10-02 10:08 AM
    ^^^^^^^^^^^^



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