Thursday, June 16, 2011

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  • jthomas
    04-20 01:33 PM
    The person looking at this letter might spend like 10 to 15 seconds glancing at it.

    So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:

    Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.

    I liked the above 2 letters. If some one can frame a good letter, we can all send the letter to the senators as well as white house. Also we can get our state chapters involved and post all the letters within 2 weeks.

    Thanks for the initiative. mmj





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  • qualified_trash
    12-13 04:05 PM
    It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.

    Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.

    I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
    I would advise you to not worry about the naysayers on this thread!!

    to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.

    for pete:
    it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?





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  • sugaur
    02-27 04:45 PM
    You are unlikely to find any sympathy here, this forum is for LEGAL immigrants. Take your sob story to LaRaza or ACLU.





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  • eb3_nepa
    06-28 10:34 AM
    Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,

    Source: http://www.immigration-law.com/

    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
    The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.


    EVEN MORE REASON to rush and file before the USCIS stops accepting applications.

    rajakannan, you seem to be talking out of ur hat.



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  • doggy
    07-22 02:21 PM
    This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language

    I hope we keep our dignity and self respect

    Oh, the message was not intended for anybody. It was a way to prove that I'm not one of the Antis.

    Sorry to offend you, or anybody else. I've removed it.





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  • a1b2c3
    10-12 09:57 AM
    If you are serious about this go ahead start helping nixtor and others in this regards.
    http://immigrationvoice.org/forum/showthread.php?p=296941#post296941

    Sure, but where is the agenda posted?



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  • kosars
    08-13 10:47 PM
    no i will wait for the receipt





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  • needhelp!
    01-18 01:42 PM
    When we get to 200 letters:

    I will pick a lucky winner to receive an IV Tshirt like this one (http://www.mediafire.com/imageview.php?quickkey=am1xc1xv1ka&thumb=4).

    Only members who have their profiles completed and have indicated that they sent the letter in the poll on this thread will be included in the drawing.



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  • gc_buddy
    07-24 02:38 PM
    EAD E-filed on June 19th
    FP Done on July 11th

    No approval as of now.





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  • swarnapuri
    07-17 10:07 AM
    I am still not able to see, can you tell me what dates I-140 advanced degree are being processed.

    September 14, 2006



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  • gc28262
    03-11 10:20 PM
    Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?

    Are any of these happening with you ? If so report to USCIS.
    If not, why do you assume it happens with others.
    Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?

    I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.

    Don't be so selfish.





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  • cjagtap
    08-01 12:12 PM
    great let me know once you see any activity..my 140 too was approved from TSC,how bout u?



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  • shana04
    02-13 12:20 PM
    My Attorney Says You will get 3 Year H1B Extension

    Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
    will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.

    I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
    H1B Extension.

    Shana Can you Please confirm with your Attorney again.

    My exp, I did and I got only 2 yrs exp. As per attorney. Because I have already filed and got approved. you better consult with your attorney.





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  • O'podu
    07-10 10:57 AM
    People who saw the program yesterday... rather than ranting here please go and post a factually correct comment on CNN. If CNN receives the same number of comments as the number of posts on this thread it will be 100 times more effective use of time.

    http://www.cnn.com/feedback/forms/form5.html?76

    i have used this link to express my anger and frustration.
    GOD is watching !
    but we cannot just not keep watching.



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  • gc_chahiye
    09-26 04:59 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485

    I dont know if doing an MTR on the 140 will also keep your EAD alive...





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  • eilsoe
    02-03 05:22 AM
    np kit :)



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  • nissan_1
    05-09 09:56 AM
    I was also in the same boat in 2005 from New Delhi Embassy..
    I had 2 earlier H1B visa stamp from Delhi and this was the third time and this time I got 221 (g) for additional processing...My one month vacation tunrs to three months and I can not tell that was a vacation...it was HELL...I called US embassy so many times...but no one picked up....so many emails..no response...finally after three months got a call that they got my clearnce..nexy day went to embassy and got stamped without a question. I did not get paid for that time period but I had to pay my rents and utility bills from India...

    Now my visa has expired and I missed the July boat...so I do not have AP..And I have to go to India for brothers marriage...I am pretty sure this time also I will have to go through this and I heard the name check wait time is 6 months now...I will definitely loose job...so I am in a situation of loosing my job or missing my brothers marriage...And my family memebers do not understand a thing about VISA problems :((. I have emailed New delhi embassy about my situation and asked them do my backgroud check in advance so that I can just go there and do the stamping..but they never replied....It's really frustrating to go through this when you never broke a single law in India and US..(I do not even download anything from web..man...)...



    I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.

    I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?

    I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.





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  • arc
    10-02 10:52 AM
    The application finally goes to the service center who has adjudiciated the 140, if one's 140 is LIN the AOS 485 will go finally to NSC, it will stay pending over there untill the visa bulletin becomes current for that Priority Date.





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  • ramus
    06-26 09:03 PM
    Yes lets corporate... Let me file first and then you can file it next... Do you think this will work? I really don't understand why everybody is coming with new thred and new idea about filing...Why can't we spend little time on what core member asks us to do.

    Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.








    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??





    pointlesswait
    01-04 09:27 AM
    well..if he converts to a Mormon and moves to Iowa..he can have many wifes:D





    wa_Saiprasad
    03-22 07:18 PM
    bump