Friday, June 17, 2011

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  • bigticket
    08-23 11:10 AM
    Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.

    Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.

    Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.

    So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?





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  • tdasara
    06-10 08:34 AM
    Just a ONE TIME recapture can clear this mess!

    Just ONE TIME!!





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  • Be_Pragmatic
    09-14 04:53 PM
    I have beein the US for over 6 years yet I still don't have my GC. I applied for it in 2001, got laid off, switched companies and finally I'm with a company I joined 3 years go and my PD is Oct2004 w/140 approved on 04/2005 EB-3 waiting to file my 485.


    I used to worry about this GC a lot and then said to myself a lot of +ve things and today I have really moved on and I worry less abt the GC today. I am doing great & more or less like what you are into : got 2 houses, one in India and the other in US, kid, wonderful Wife on H4, a great family and floated my own start-up in India. I have a great job here in the US too, working on my PMP cert and am also looking for a part-time gig here.

    So, really, life is good. Here is a thing though, as some of our other friends had mentioned :the GC is all about Security, Free mobility(my client wants me to go to France, but I have been putting off b/c of Visa re-val and stuff) and Growth". Today, my client also wants to hire me and offer me a PM postion , but unfortuantely they don't want to sponsor Visas, not that they don't sponsor Visas at all. Although, I got pissed off after the Oct bulletin but I'm keeping my chin-up and hoping that I'll see the light at the end of the tunnel some day.

    So, cheer up have fun, live life to the fullest and enjoy!!!!

    OK, now can someone start a thread for Nov bulletin predictions :)


    ciao





    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.





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  • prabasiodia
    08-09 05:24 PM
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.



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  • nogc_noproblem
    06-05 05:24 PM
    I also would like to hear from others about this question.

    Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?

    "The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."

    How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:





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  • mali03
    04-01 08:15 PM
    Sent both faxes.



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  • suresh.emails
    10-21 08:25 PM
    Sanju,

    There are two issues that I have posted on this thread.

    1. Interpretation/understanding a post.
    2. RED DOT issue ( this is not my priority) . If you read the post keenly.

    You, .. your self have made a mistake in Interpretating / understanding the post and reacted overly on the second issue by cornering the actual post.

    Do you call this as a Interpretation issue?. Did you get what am I saying. First , read and understand what others meant to be. Don't JUMP on it.


    If IV cannot fix this RED DOT issue, how could some one believe in IV would fight for FIXING broken immigration system?.


    Perspective is not always matters, there are times .... some thing else matter too. Which is called "Self Respect"

    When few people are spending time and knowledge on sharing their thoughts/ideas, how good it would to use F***words against them?.

    There are many BAD words ... that some members have used against of my friends. Who no more wanted to participate in IV?.


    Did you get what am I saying?





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  • MDix
    02-11 01:58 PM
    That's absolutely right.
    I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.

    So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
    This is just my thought!


    Thanks,
    MDix



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  • jonty_11
    10-02 01:14 PM
    A receipt number starting with SRC usually means that the receipt was issued by the Texas Service Center. However, at this moment, the case could be pending at any other center it USCIS transferred it.

    Use your receipt number to lookup the case status on the USCIS website. The status will tell you where your case is pending.

    Use this link to lookup your case: -

    https://egov.uscis.gov/cris/Dashboard.do

    I have it just says Texas Center....efile for AP seems to have many Texas offices in the drop down..which one to I choose..

    Whcen I call USCIS 1800 number, they say that my case is pending in Mesquite, TX....and that does not show up in the Efile Drop Down.
    --------------------
    On May 29, 2009, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.---------------

    -------------------------------------------





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  • shana04
    02-15 02:25 PM
    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.

    I have notice one more soft LUD on new I 129. I don't know whats going on.

    Any one with same or similar experience?



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  • sameer2730
    11-21 09:12 AM
    And if it plays by money may be have an auction for GC ... highest bidder gets it first ;)

    There is a seperate quota for that as well. 1 million invested and you will get a GC.





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  • Berkeleybee
    02-15 09:38 PM
    Feb 15, 2006

    Today, four members of IV met with 3 staffers from Dianne Feinstein’s office in San Francisco.
    Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator’s staff in DC on a whole host of issues.

    We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting – they were riveted through out – asked lots of questions and were very supportive.

    TAKEAWAYS

    1.Getting the Word Out to Lawmakers

    • They all said they learned a lot from our presentation – the people who deal with immigration problems on a nitty gritty daily level didn’t know the big picture on legal immigration, and the field representative didn’t know anything about the particular problems of legal EB immigrants.
    • The field representative said she had had three meeting with immigration related groups that day already, and that the Senator’s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
    • They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible

    BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn’t know about our problems??? No! We need to get the word out.

    2.Content

    • They repeatedly said they were impressed with our presentation (go check it out).
    • They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
    • They liked the fact that we printed and bound two copies of the presentation to give them.
    • We also gave them copies of our tri-fold brochure
    • We also gave them a number tabbed, bound copy of the following

    -Must Read Documents on Legal Skilled Immigration

    a) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf

    b) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    c) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html

    e) President’s Economic Report: Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    3.Action Items
    • We decided to keep in touch – I will follow up on the feedback they get from the Senator’s DC staffers.
    • They wanted to know more about how our meetings with other lawmakers are going.
    • I offered to act as source of facts and examples for their office on these issues – since I have read the relevant documents and data carefully.
    • They suggested that we keep reaching out to members of the House – especially those who are in states without a lot of tech sector firms – those are the people who are least likely to know about our existence, let alone our problems.

    BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.

    4. Lessons for future meetings with lawmakers/ Lessons for other states
    • Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker – they do this all the time, and are friendly, easy to talk to, it is their job to listen to you– just put yourselves in the mindset of someone telling a story to a friendly audience.
    • Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
    • Do a dry run of the talk, so that you build a narrative patter to go with the slides – this worked really well in this meeting.
    • Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide – for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha’s experiences with layoffs and partner not being able to work
    • Ask how you can follow up with them, what they would like you to do
    • Write to thank them for their time and reiterate your basic points



    So people from other states – come on lets go!



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  • deardar
    07-02 03:19 PM
    close to $500 excluding lawyers fees( i dont know how much company paid) .But the sad thing is I made my aged parents and in-laws run for affidavits /scanning etc in heavy rains .





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  • Vsach
    07-27 08:01 PM
    You are being a jerk and don't encourage others to be:mad:



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  • Drifter
    04-03 12:10 PM
    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.


    Pappu,
    I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
    I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
    The only thing that really worries me is that in the withdrawl notice from USCIS it says

    "'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"

    I will keep the forum updated on any developments





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  • sanju
    09-09 09:13 PM
    I have a question on salary hike after invoking AC21.
    What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
    For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
    Experts, your opinion please.

    It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.



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  • yabadaba
    07-31 10:57 AM
    can someone point me to a thread discussing decoding LIN #?
    http://immigrationvoice.org/forum/showthread.php?t=5814





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  • sodh
    12-14 05:08 AM
    How about this ,my labor was offered to an employee,who was leaving the company, even when I was working for the company,until I threatened the employer that I will report this matter to the DOL.





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  • grupak
    06-12 04:35 PM
    I just finished calling those 6 Reps - o how fun!

    Anyways, so guys - does this Krikorian guy need some education or flowers? Let us provide him with what he needs and get this thing going further.

    Can we call him like we are calling the Reps?

    Lets go through the logic of Mr. Krikorian carefully and use it for our benefit.





    PDOCT05
    08-15 03:22 PM
    I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.





    kshitijnt
    11-12 09:04 PM
    You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.

    I agree. You should contact the office of the district attorney and ask for help prosecuting your employer for financial fraud. Also change your job immediately to avoid any further trouble.

    By law your employer can not fire you for being a whistleblower but since he is an unethical moron, he can stoop to any level