Sunday, June 26, 2011

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  • nshah1968
    05-17 10:18 AM
    Hello guy03062,

    my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:

    please mail me directly and I will reply with there details





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  • gcbeku
    08-10 01:13 PM
    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    b) can AC21 approach be used to port this to a EB2 category ?
    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).

    Thanks.





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  • Administrator2
    03-13 12:28 PM
    I have a question.
    How do I contact my senator ?

    I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.

    eyeopeners

    Please refer to the word document 'Guidebook: How to meet your lawmakers' at the top Menu

    Advocacy > Guide-Meet Lawmakers





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  • eldrick
    08-16 02:49 PM
    I guess we dont have a choice but to pay.

    Thank you all for your advise.

    One more thing, no form G-28 was given to me to sign. What does this mean?



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  • wandmaker
    08-17 02:14 AM
    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?

    You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.





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  • srkamath
    07-16 05:31 PM
    Interesting. My Labor says
    14) Education BS,
    Years of experience 3

    15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

    I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?

    It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
    If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
    If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.



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  • martinvisalaw
    06-29 05:12 PM
    Hi Ms Martin,
    Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.

    What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.

    First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.

    Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.





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  • number30
    03-28 12:29 AM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.



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  • angelfire76
    10-05 01:11 PM
    As I've been hearing different versions of this conference call.

    1. Expect further retrogressions on the visa bulletins

    This is common among all versions

    2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"

    3. Do not expect premium processing to be re-instated for I-140s for a while

    Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.

    7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

    Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(

    9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
    PERM audits started beginning October 2006.

    12. New PERM form on March 28, 2008

    13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.

    Nothing new. This law was introduced on July 16th by DOL.

    14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

    Work site enforcement of employers who have petitioned as H1-B dependent.


    16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

    Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?

    17. The US consulates and CBP are Googling you!

    This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:





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  • dpsg
    03-28 05:48 PM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them



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  • mirage
    05-29 04:01 PM
    On a conference call somebody asked Rajiv Khanna about PD movement last month and his prediction etc etc. His comment was
    'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'





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  • glus
    05-31 09:18 AM
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  • chanduv23
    07-09 02:02 PM
    Be careful with Lawyers - there is a way to handle them. Remember, you may hate them for their attitude, but your approach to them should be pleasing.

    You have to be very very very pleasing, praising, and kiss ass. You must kiss their ass like anything to get things done.

    On the contrary - paralegals are very rude and you must be very careful dealing with them. They have the skill of triggering your anger and in most cases, you want to let the lawyer know how dissatisfied you are, and this in turn triggers Lawyer's ego.

    For immigration lawyers we are the clients - but they don't work for us, they work only to extract innocent immigrant money.

    They tend to side with stupid HR personnel from big companies and give them all sorts of advices on immigration and form the HR lawyer alliance. They are nice to each other and share love bites.

    The best way to deal with a lawyer is - Kissssssssss asssssssss , praise them, thak them, keep them in best spirits, never get annoyed, tell them u can come over to their office if they say they are busy. You all don't need a lot of explanation - I think you understand how things work





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  • bcg_consultant
    02-13 04:35 PM
    same here, my PD is Aug 2004 EB3(ROW) but my I-140 and 485 is still pending at NSC(more than 240 days).I dont have any hope that my I-140 will be cleared any time soon...Good bless H1B people

    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks



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  • justAnotherFile
    07-12 11:00 AM
    .. I think this is an excellent way to carry forward the Gandhigiri campaign.
    We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

    We should also send a sample of the letter to news outlets.

    This will help keep this issue in the limelight. Any takers??





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  • Refugee_New
    07-25 12:05 PM
    Gurus, tell me one thing.

    After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?



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  • arunmohan
    04-01 12:28 PM
    greenguru:

    Congratulation.

    From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?

    Once again congratulation and Enjoy your freedom.

    Thanks a lot.





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  • desi3933
    08-26 12:33 PM
    Hey all,
    .........
    .........
    .........

    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.

    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.



    Congrats!
    What is your PD?





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  • st4rguitar
    04-06 01:39 PM
    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.


    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you





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    gemini23
    07-27 03:21 PM
    thanks for all the answers.



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