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  • p_aluri
    04-01 05:38 PM
    I am sorry to hear about your situation.

    Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.

    Did you try utilizing AC21 as your 140 approved and the 180days crossed?

    Again I am not a lawyer, please talk to experienced attorneys.

    Thank you,
    Aluri

    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..




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  • MDix
    09-18 10:05 PM
    How do we know that there would be more FB Visa. This allocation is by law and whatever left by FB get distributed in EB.

    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.




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  • wellwisher02
    03-27 03:22 PM
    Has anyone gone to Vancouver for H1B stamping? Please share your experience and any pointers. It will be a great help.

    Also, I found this on Vancouver consolate website:

    "Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate). "

    This is disconcerting. I do not have luxary to wait 3-5 days to get my stamped passport via mail. Is this a standard process? Will they allow in-person pick up the same day?

    Thank you.

    Hey,

    Lemme share my H1B Visa stamping in Vancouver, BC in July 2006:
    1. First of all, you need to fix a Visa Stamping appointment via www.nvars.com.
    2. Get a Canadian visa to make your trip to Canada. (I didn't have to do this since I hold Canadian Green Card.)
    3. On the appointment date, be atleast 1 hour ahead of your appointment time.
    4. Do not carry any electronic items (car remote, camera, etc) and food/liquid.
    5. Carry all the relevant paperwork along with cash in US dollars, just in case you wanna pay fees by cash.
    6. Present the documents asked for, and answer questions posed by the Visa officer confidently.
    7. The attending Visa officer will tell you to go to a particular counter to pay a reciprocity fee.
    7. Once the fee is paid, you need to collect your passport with new H1B visa stamped the next day at 3 PM.

    You will not be able to collect your passport with H1 Visa stamped the same day. If your paperwork is organized (meaning you have all the relevant documents for H1B visa stamping), you'll get your passport the next day. Normally, it is stated in their printed document that it would take 2 - 3 business days. In reality, you can collect it the next day unless your case requires more investigation (due to any missing documentation, etc) by the US consulate. You should stay there for atleast 2 business days to get your H1B visa stamping done. Getting your visa stamped in contiguous neighbouring country like Canada and Mexico is convenient as opposed to going to your home country which would otherwise cost your more time and money.

    Hope this helps.




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  • 53885
    08-16 07:05 PM
    what? So now we have FP tracker for those who received RN. Great!!! these tracker threads will never die...



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  • shana04
    05-28 11:59 PM
    I am a July 2007 filer and he expects an RFE for employment verification on my case.

    I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)

    And RFE for current residence proof




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  • baldev.thakur
    12-13 11:55 AM
    Well in case you are TOO NAIVE let me tell you...
    If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
    If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
    Can you post some more specific details abt ur case ?



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  • laksmi
    02-18 05:10 PM
    when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.


    Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

    a) Timesheet signed.
    b) benefits confirmation ,
    c) email correspondence to indirectly prove that you were working in H1 status and getting paid

    Hope this helps




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  • BMWX5
    03-14 11:58 PM
    We all know that we are able to file 485 on July and we got EAD due to IV efforts. Which in turn helping us to get a 600$ rebate for the spouse (Some plan to spend the money).. Can we make a pledge here that we will contribute a certain % to our organization? The % can be your choice. At least this % can help this site up and running� If the moderator decide that this is not a good idea please close this thread.

    First from me 20% from whatever I get as rebate �

    Why should I contribute?
    I'm not going to do.
    For this I'll get red dots, and will be banned.
    I do not care.



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  • aadimanav
    12-20 06:33 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!




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  • mhtanim
    09-15 02:05 PM
    I can see it. Refresh your browser

    Thanks inskrish for the news.

    Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!

    Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???

    Some people actually did file during July 2 through July 17 and I am one of them. My law firm (one of the top immigration law firms) was actively involved with the AILF to file the lawsuit against DOS at that time. The law firm recommended all their clients to file I-485 even after July 1st as they though AILF has really good chances of winning the lawsuit.



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  • pranju
    05-29 09:04 PM
    Donot forget to send the webfax :)




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  • smiledentist
    06-14 01:45 PM
    485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
    I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.



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  • Kodi
    07-05 09:05 AM
    If its ROW then PD are current.




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  • sobers
    02-08 02:58 PM
    Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
    http://msnbc.msn.com/id/11221265/

    Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.

    Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".

    The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.

    Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.

    "These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.

    "Instead of arbitrary caps, a market-based approach that responds to demand is needed."

    The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

    Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.

    "We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.

    Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.

    "Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."

    Craig Barrett: America should open its doors wide to foreign talent


    --------
    IV Moderators- please use this information in your presentations.



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  • herns
    03-07 08:38 PM
    I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
    [/I]

    THanks for your reply.

    I fall under 3rd employment based category that got stuck May 01, 2005.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html

    I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.




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  • jsb
    10-29 10:20 PM
    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?

    One should ask experts, or may try to find answer in USCIS FAQs. But as I learnt from various sources, you do nothing, unless asked, i.e. there is nothing to send or tell to USCIS.



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  • ghost
    08-11 09:33 AM
    Folks,

    In our legal immigrant community, we have the following Groups (G) of people:

    G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
    G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
    G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
    G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
    G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career


    While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.

    Current state of our Members (M):
    M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
    M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
    M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
    M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts


    Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.

    I can see three Options (O):

    O1) "Wait and Watch" option:
    This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state

    O2) "You are on your own" option:
    EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
    EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process

    O3) "We are in this together" option
    All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.

    Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3 and look forward to IV direction.


    People who understand America realize that money talks and lobbying works in Washington. We are ready for lobbying in our own ways (emails, phone calls, advocacy days, etc.). Besides this personal lobbying, we need to crack through official channels of lobbyists using money.

    This would require each of us to sign up for a 25 USD per month recurring donation for 1 year (read this as 1 dinner per month for couples and 2 dinners per month for singles). BTW, don't wait for others to eat their dinners before you eat yours. It is your money and it is your dinner, eat it for your own good!

    You are entitled to the sense of ownership in formulating and executing IV Advocacy - lot's of good ideas out there - some of them can be achieved administratively!

    You can cancel your recurring donations, if you succeed in Option 1 or if Congress passes CIR between now and Sep 2011 and that benefits you. Make sure you recruit another IV member before you leave or cancel IV membership. Trust me, this is not going to end any time soon!

    Good luck to all of us!




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  • surabhi
    10-17 03:37 PM
    Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.

    Yes. Your understanding is correct




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  • cram
    06-14 07:43 PM
    I have the same question. Help.... somebody. Thanks.




    Prashant
    09-26 08:08 PM
    GCtrouble.. I hope u are serious and not trying to scare ppl converting eb3 to eb2 ..

    If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..

    We all are in the same boat dude ....

    Good luck




    TwinkleM
    07-15 02:04 AM
    Thank You sbmallik for your response.

    Attorneys, would appreciate your inputs on the above questions...

    Also,

    Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
    1) Would this be a problem in his GC journey?

    2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)

    3) Will he need to get out of the country while we file his H4 other then stamping?

    4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?

    Thanx in Advance



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