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  • katrina
    06-09 02:33 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.

    Once she get her greencard approved you will automatically get yours as well.

    but as always this is just my opinion everything has still need to be consult with your lawyer.




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  • americandesi
    09-10 12:05 AM
    Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..

    Thanks.

    Here's the form to complain H1 violations to DOL.

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.




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  • roseball
    10-07 06:30 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

    The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.




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  • sathishkrish
    07-17 04:33 PM
    i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK

    I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.

    Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.

    Thanks for your understanding



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  • shan74
    01-12 07:49 PM
    Thanks and wait for ur response. Also i wanted to know whether my employer or lawyer will come to know if i apply for FOIA, and will it affect my application. Another thing is my employer is not responding whether my 140 is approved or not. so i really don;t know the status of my application and he is not willing to give me the receipt #.

    So please let me know will it affect my application.
    thanks




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  • vinabath
    05-15 01:04 PM
    What a coincidence.....

    1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
    2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

    I do not know what to do, I am thinking couple of situations.


    I. File 485 with EB3.

    Advantages:
    Low Salary Requirements,
    Generic Job Duties,
    Easy to use AC21,
    Already approved I-140

    Disadvantages:
    Possible retrogression,
    So more wait before realizing the dream of actual freedom.

    II. File 485 with EB2 labor (concurrent filing)

    Advantages:
    Less chance of retrogression.
    Quicker path to GC.

    Disadvantages:
    I-140 denial chances
    more money to spend for I-140 and PP
    Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


    Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.



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  • kartikiran
    11-09 05:21 PM
    Done.

    I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.

    Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.

    Only reason, I am not sure where my life would end without knowing an answer to my green card application.

    I think this is a key point which is missing in the survey.




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  • diptam
    02-10 10:25 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)


    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck



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  • s_r_e_e
    01-23 11:03 AM
    H1 stamping on passport doesnt matter. copy of H1 approval + I94 and employment letter will be fine.

    >> Will there be any problem in visa approval for parents

    this is million $$ q :) .. it depends on several factors,including the mood of the officer, other than documents.

    But one of the most important thing i learned(my parents got rejected even with plenty of valid docs) is that, how the parents 'express' their indent to return is very very important.

    it is like the job interviews here, there will be one or 2 questions.. You got to tell all that would sell you, regardless the scope of the Q..

    Same for this interview.. For eg, they have 2cr worth investments and 5 laks pension and old parents leaving with them and a son/daughter to get married and so and so things to take care backhome... think of every possible thing that require them to be in india. any documents to support these claims may come handy.. but not to worry if not available.

    nothing to worry, but preparing for this will defenitly help.. wish all the best for them to get visa.




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  • g03
    05-16 10:29 AM
    John Kyl from Arizona wants to put an amendment to make "current legals ineligible for this benefit for this if they go out of status from now on".



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  • cooldesi
    01-24 11:47 PM
    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
    I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.




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  • walker15
    02-15 10:55 AM
    Also your immigration attorney's involvement is very crucial in regard to your case.



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  • voldemar
    03-27 08:30 AM
    you can volunteer for your future employer as long as there is no financial transactions involved.Then you are replacing american guy.




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  • neelu
    01-02 01:04 PM
    Hi everyone,

    I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )

    I intend to travel abroad in february 2007 to be back in the US by march 2007.
    I have a few questions in this regard:

    1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?

    2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?

    3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?

    I would greatly appreciate if you can respond to my questions.

    Thank you very much in advance.



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  • beautifulMind
    07-16 01:02 PM
    Feed from my lawyer



    Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
    __________________________________________________ _______



    Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.

    Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter




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  • insbaby
    09-26 01:29 AM
    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).

    Most of the points are true, but using the OLD PD is still a question.

    People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.

    Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.

    Then eventually this becomes your life long challenge of working on immigration matters every day.



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  • ksircar
    02-15 10:05 AM
    I like the idea. But, when I had raised a similar issue before, some member called it "like begging at Indian Temples".

    I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.




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  • sandy_anand
    11-06 04:38 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts

    Thanks for posting this information! Gave you green!:D




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  • dealsnet
    03-31 05:46 PM
    The OP (MORON) is a fake. He is promoting some Taliban type groups. India will not take any one without passport or embassy out passes. If he went to India without these, he will be in JAIL. If something wrong, USA will not send out any one.

    DON'T MAKE AS A FOOL, DEAR FRIEND.

    PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
    HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.


    I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.




    shan74
    01-12 07:49 PM
    Thanks and wait for ur response. Also i wanted to know whether my employer or lawyer will come to know if i apply for FOIA, and will it affect my application. Another thing is my employer is not responding whether my 140 is approved or not. so i really don;t know the status of my application and he is not willing to give me the receipt #.

    So please let me know will it affect my application.
    thanks




    sreenivas11
    10-03 05:10 PM
    Now they are implementing in VA State too



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