Amitdon
08-31 11:55 AM
Can someone guide to start new thread ?
I know this is wrong thread but I need to ask somewhere.
I know this is wrong thread but I need to ask somewhere.
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nixstor
12-10 10:05 PM
Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?
Please post in your state chapter. Do you live in DC/VA/MD?
Please post in your state chapter. Do you live in DC/VA/MD?
unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
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rustum
09-25 12:46 PM
Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.
Thanks,
-rk.
Rk,
Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?
Thanks,
-rk.
Rk,
Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?
more...
nemadeni
03-25 03:19 PM
Wait for Oct 2008 for any possible movement.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.
chanduv23
03-10 07:10 AM
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.
Having a cooperative employer makes a big difference, something that makes you comfortable.
Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.
After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.
In short, retrogression will be there and will affect us.
If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.
I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.
Having a cooperative employer makes a big difference, something that makes you comfortable.
Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.
After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.
In short, retrogression will be there and will affect us.
If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.
more...
jsb
11-08 12:42 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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InTheMoment
06-14 03:46 PM
Can you all tell which state you applied from?
As per the bispecialization phase III of USCIS, I-485 applicants from eastern and southern states are processed at SRC (TX) while western and northern at LIN (NE).
Let's verify whether this stands true...those who got their receipts can verify.
As per the bispecialization phase III of USCIS, I-485 applicants from eastern and southern states are processed at SRC (TX) while western and northern at LIN (NE).
Let's verify whether this stands true...those who got their receipts can verify.
more...
shreekarthik
10-08 06:40 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
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santb1975
11-22 12:01 AM
Keep up the good spirits
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
more...
andycool
08-25 06:41 AM
The Last updated date for my I -485 application is showing as 8/24/2010 now.
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
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jfredr
08-13 01:56 PM
Mine also reached there at the same time through fedex and brok woltstead signed for it.chacks not cashed yet.waiting for recipts eagerly.let me know who signed for you and when you receive your receipts.best of luck
Signed by R.MICKELS at 9:01 on 2nd JuLY no luck yet
Signed by R.MICKELS at 9:01 on 2nd JuLY no luck yet
more...
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LongWait2005
07-19 08:05 PM
It is really worthy contribution that one could make towards a great cause.....
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dtekkedil
07-09 10:40 AM
11th and 12th were added later because by Saturday evening when the core team decided to support this campaign, we weren't entirely sure if delivery on the 10th was still possible.
However, majority of flowers are going to be delivered on the 10th so I wanted to keep the focus on that single date.
If you want to go ahead with co-ordinating the actual sending then please go ahead - I think it will be very helpful.
The emails should be sent from the mediacontact email address (attach the pdf - Subject should be "Press Release" with a two line intro). I can compile the list of emails from some of the postings here in IV. Make sure that you Bcc it.
As for the faxes, they can be sent from the local Staples. However, someone has to get those numbers first. Anyone here who can do that? Does IV have a list of fax numbers (Especially those in Washington DC)?
Also, I think we should include a phone number in the media contact. Someone here who can represent us. Anyone used to handling the media.
However, majority of flowers are going to be delivered on the 10th so I wanted to keep the focus on that single date.
If you want to go ahead with co-ordinating the actual sending then please go ahead - I think it will be very helpful.
The emails should be sent from the mediacontact email address (attach the pdf - Subject should be "Press Release" with a two line intro). I can compile the list of emails from some of the postings here in IV. Make sure that you Bcc it.
As for the faxes, they can be sent from the local Staples. However, someone has to get those numbers first. Anyone here who can do that? Does IV have a list of fax numbers (Especially those in Washington DC)?
Also, I think we should include a phone number in the media contact. Someone here who can represent us. Anyone used to handling the media.
more...
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franklin
06-14 08:07 PM
Still haven't got mine yet. Attorney suggested another 2 more weeks. Doesn't sound like many (if ANY) have got their receipts yet. The only thing I've seen is that people who paid personally have seen their receipt numbers on cashed check images. This doesn't apply to those who didn't pay personally though.
Who are all still waiting for Receipt notices? please share your info
Here are my details
File on June 1 at NSC
I-140 approved by NSC
No Receipt notice
Checks not cashed yet,
Who are all still waiting for Receipt notices? please share your info
Here are my details
File on June 1 at NSC
I-140 approved by NSC
No Receipt notice
Checks not cashed yet,
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chanduv23
02-17 02:27 PM
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
People discuss superbowl, cricket, food, movies, schools, everything, people discuss about their 140, 485 , ead etc... everyone knows there is a problem but pretend as if there is no problem and it is just a part of life.
Sometime back on IV the motivation levels was different. We did have a sizable crowd during the 2007 rally in DC. We did have 200+ people doing advocacy work.
I hope people come forward again.
Looks like we lack people with good leadership qualities on IV now especially a lot of IV members are not active anymore and guess it is just slow.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
People discuss superbowl, cricket, food, movies, schools, everything, people discuss about their 140, 485 , ead etc... everyone knows there is a problem but pretend as if there is no problem and it is just a part of life.
Sometime back on IV the motivation levels was different. We did have a sizable crowd during the 2007 rally in DC. We did have 200+ people doing advocacy work.
I hope people come forward again.
Looks like we lack people with good leadership qualities on IV now especially a lot of IV members are not active anymore and guess it is just slow.
more...
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nixstor
12-10 10:05 PM
Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?
Please post in your state chapter. Do you live in DC/VA/MD?
Please post in your state chapter. Do you live in DC/VA/MD?
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GCOP
09-02 03:55 PM
Try to call them or you may write a letter to them. I really hope and pray you get your EAD card soon. I also had applied in June and received few days ago. Good Luck.
I filed on June 18th (RD) and I am still waiting...current one Expires in 3 weeks. Any suggestion what I should do.
I filed on June 18th (RD) and I am still waiting...current one Expires in 3 weeks. Any suggestion what I should do.
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ilikekilo
05-23 07:44 AM
SENT emails to all jsut now...Thanks IV for putting this 4 us. good luck 4 us
akhilmahajan
04-14 09:54 AM
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
TheOmbudsman
06-26 04:11 PM
That's the entire reason for my participation in this forum. However, every time that we suggest a separate bill for whatever benefit to address our issues only, we have been told that it can't be done.
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
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