Sunday, July 3, 2011

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  • Rb_newsletter
    04-09 01:30 PM
    If I understood correct,
    -Employee cannot pay for any visa or GC process including attorney fees.
    -You or attorney cannot be involved in any recruitment process.




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  • fromnaija
    06-21 01:44 PM
    You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
    If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.


    For when you already filed I-485.
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf


    For when you have not filed I-485
    http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf

    Quote from page 27 of above document when you have not filed I-485

    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).




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  • andycool
    07-20 01:48 PM
    As per this chart, wait for getting a GC in the US is as follows:

    6 months wait - 75 yrs old Kenyan, son a US citizen
    3 yrs wait - 24 yrs old Iraqi, translator, US military
    6 yrs wait - 35 yrs old South African, computer programmer
    6 yrs wait - 25 yrs old Venezuelan, student, father a US citizen
    10 yrs wait - 31 yrs old, Chinese, a factory worker
    20 yrs wait - 25 yrs old Filipino, student
    35 yrs wait - 35 yrs old Indian, computer programmer
    131 yrs wait - 30 yrs old Mexican, H.S. diploma, sister a US citizen

    Source: Department of State; US Citizenship & Immigration Services

    wow ...35 Year wait for a India Programmer .....as per DOS :D




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  • franklin
    08-28 08:31 PM
    what to do after attending the rally?:D

    Along with all the others who couldn't be bothered to come to the rally, you will shower those that made the effort with extraordinary amounts of praise and adoration for making a personal sacrifice to change other people's lives :D



    ...and then wait...



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  • newtoh1
    03-23 06:37 PM
    I am planning to go India.Can I leave at JFK Newyork airport and return back at chicago POE?Will it be alright?

    I heard that there are some client verification letters are asking at POE these days?anybody really faced such situation?If yes, what exactly we have to provide?

    I am just scaring by the time I return back, I will have only 2 months of valid H1B visa.Will be it alright?




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  • santa123
    06-18 07:37 AM
    I need to clarify if you are working for employer A for say BS+7 yrs and want to apply GC through Employer A then the 7 yrs exp is not counted against experience ( very rare cases it can be considered if the new position is completely different)

    IF you are processing your GC for future employment with say Employer B then the 7 yrs is counted.

    Did that clarify your doubt

    Thanks for the clarification.



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  • Becks
    01-21 06:47 PM
    This is relevant question and I feel that if recession hits US, consultancy companies may ask people go and work offshore till situation gets better. Most of big consultancy firms have projects from non-US countries so they may utilize people offshore.

    I hope situation wont get that worse. Just a thought.




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  • Lou76
    08-03 01:00 PM
    Almost 2 years ago I visited an attorney to talk about my I-130. I wasn't very inform at the time and I think the attorney took advantage of me. My mother had recently become a US citizen in 2007 when i visit this attorney. In 2005 my mother filed an I-130 for me so when she became a US citizen I thought I should visit an attorney to "upgrade my petition" since my mother was not longer a permanent resident but a US citizen.

    The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.

    Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.

    I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?

    Thanks!



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  • gparr
    April 3rd, 2005, 05:55 AM
    Can't decide which of these I like better. Opinions? And tell me why. Or maybe neither of them works?
    Gary

    http://www.dphoto.us/forumphotos/data/500/flow.jpg

    http://www.dphoto.us/forumphotos/data/500/flow2.jpg




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  • obviously
    07-26 11:11 PM
    http://www.dhs.gov/xabout/structure/biography_0079.shtm

    Recommend that we contact the Office to present our inputs on the effects of the systemic problems in the current processing system.



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  • h1techSlave
    04-03 02:25 PM
    From the new letter: "The CIS isn�t approving adjustment of status cases at anything close to a rate sufficient to use up even a significant portion of the quota...".

    And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).

    Please take this post as a constructive criticism.




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  • gimme Green!!
    07-06 02:56 PM
    Admin - please close / delete this thread.
    There is another one on the same topic.



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  • manderson
    10-17 12:29 PM
    I got referred to the following 2 attorneys when I was thinking about the Eb-5 scheme via the Seattle City investments. I heard both of them are very good.

    Lincoln Stone in LA, lincoln@lskglaw.com
    Bob Gaffney in SF, rpg@usvisanet.com

    can u tell me more about this Seattle City investment? u can PM me if u want.




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  • suavesandeep
    11-14 10:57 AM
    485 has nothing to do with company. Only I-140 is company dependent. So only reason why 485 will be denied based on company is when the underlying I-140 gets denied i.e. Company revokes 1-140 or USCIS finds something wrong with your company which filed the I-140 before AC21 kicks in. In a separate thread there is action item for USCIS denying I-140 and ignoring AC21 which you may want to participate in if you haven't already. Assuming your I-140 is always valid than Your 485 can be denied only because of you i.e. you were out of status, have a criminal record etc.



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  • waitingimmigrant
    11-09 11:05 PM
    hi friends,

    some time ago i contact my senator through this site

    http://www.opencongress.org/bill/111-s1085/show

    and wrote to him about plight of workers in limbo for years
    if not decades ... following is response i recieved... request
    all those stuck in GC limbo to contact their senators...

    -----------------------------------------------------------------------------
    U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.

    Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.

    I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.




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  • krishmunn
    08-10 08:54 AM
    First, there is nothing called "sponsoring a visitor visa". You cannot sponsor . Every visitor need to qualify on his/her own.
    If you mean sending an invite letter and copy of your H1 to show they are visiting you , it is fine.

    If you mean sending I-134 -- Affidavit of Support -- the Affidavit has no legal value. If the visitors do not have enough liquid cash, they can say that you will fund the trip (and you can send your bank statements to prove). Anybody else (like your siblings in home country) can also fund the trip. If they have cash, best is to show that as source of their trip.



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  • Rockstar
    10-31 10:28 AM
    Heyy David
    thanks for the reply :) helps me alot.. :)
    I should have tried 3dsmax, do they have a plug-in for flash?




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  • vivek_k
    08-13 01:24 PM
    a2p is ability to pay
    Thanks Ravise! Is that a question about the ability of the employer's ability to pay?




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  • gcturbulance
    06-22 10:41 AM
    Hi Experts/Lawyers,
    Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.

    My previous company (9yrs), they filed for my GC.
    Labor approved and they did a concurrent filing in august 2007.
    After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.

    After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.

    I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.

    Meanwhile I got H1B extension with the new company.

    The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.

    We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.

    Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.

    Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.

    I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).

    What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.




    Green.Tech
    03-20 02:52 PM
    Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.

    The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)




    srarao
    07-21 11:02 PM
    Hello,
    When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".

    Now I received the RFE from CIS asking for the following:

    "The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
    The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:

    -> The date you first refered to the local health dept for evaluation
    -> Name and address of the health dept
    -> results of the X-ray and other TB test
    -> Based on which you are medically cleared for adjustment status
    "
    If anyone had similar experiences, please let me know how to proceed on this issue.

    PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
    If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
    If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
    I dont have much time as I just had 20 days left to send back my results to CIS.

    Thanks for yor help.
    Ravi



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