Friday, June 10, 2011

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  • indyanguy
    08-07 09:17 AM
    sometimes, labor subs can be genuine cases as well....




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  • reddymjm
    05-15 11:06 AM
    Here is my $100

    Paypal Receipt ID: 8D5173328S121125D

    Come on everyone... donate a small percentage of your stimulus package.

    Good Job elaiyam.




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  • monika
    07-20 09:30 PM
    Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
    Has anyone ever filed with e-approval email printout as initial evidence ?

    Thanks
    Greg said today that is O.K. A fellow lawyer give him the idea, helping him to answer at one of the FAQ recently posted.




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  • devikas81
    02-09 01:31 PM
    Hi arikris,

    I was similar situation like sduddukuri and u, me and my wife went to india and get our Visa stamp done, it was very smooth,
    all of us case looks like similar, Instead of speding time here and open MTR- its better to go to india and get the stamping done..

    Thanks,



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  • DareYouFireMe
    02-19 12:29 PM
    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!

    I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2




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  • gc_on_demand
    06-06 12:39 PM
    I had 1 year contract for employment and I was not paid regularly. Also they were deducting money for health insurance which I didnot receive.

    So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.

    iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.

    Can i go to labor and complain ? Will they ask me to pay back 10k ?



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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.




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  • morchu
    08-02 12:58 AM
    I think it matters and you probably might get an RFE if you dont provide evidence that you are qualified for the advertised job.

    You can try to get an affidavit from some of your older colleagues.


    It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....

    Does it matter..Do you think it really matters..

    let me know..otherwise I really have to worry about RFE

    DB



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  • singhsa3
    02-28 10:20 AM
    Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"




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  • sanjay
    04-04 11:37 AM
    For my son PIO ( applied in Chicago ) took 17 days to be delivered at my home address. I went to Indian Consulate in Chicago and asked them which way should I go. Visa or PIO and they told me to go for PIO as it is for 10 years and also had very less paper work involved.

    If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.



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  • pappu
    07-16 10:12 PM
    In that case you will have to file I970 (I485+I485) :)

    Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.




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  • goosetavo
    03-03 02:20 AM
    C'mon guys, you are supposed to be the smartes of the smart here. The bill referenced above has nothing for EB-immigrants true, but it is not the Bill proposed in the US House for CIR in 2010 (it has ZERO Co-sponsors), the "good one" is HR 4321 (93 co-sponsors):

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4321ih.txt.pdf


    It's the CIR ASAP act, see postings from me from last year for a summary. This bill recaptures lost GC's from the last two decades and exempts STEM degree holders from the numerical caps, read it, its all there.

    Can we stop hating on illegal immigrants? Please read Pappu's postings on the subject, this whinning does nothing to help our cause. We're all in this together. The CIR ASAP Act does put more limits on H1B visas, which is unfortunate, but we need to try and negotiate here, not throw everything away.



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  • uimv
    03-14 12:08 PM
    Incorrect!
    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -
    http://www.uscis.gov/files/article/E1eng.pdf
    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.

    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.




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  • Munna Bhai
    11-09 05:55 AM
    Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".

    And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.

    I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.



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  • lost_in_migration
    05-14 05:14 PM
    Yeah even I think filing fees could be an important aspect

    Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.

    Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?

    That would net some savings for filers who have multiple dependents.

    Just a thought.....




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  • som_yad
    08-14 09:00 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks



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  • pani_6
    08-23 10:42 AM
    When is the Senate meeting and is it scheduled to take up the skil bill this year??...
    When can it take it up next year??...

    Could you please give some dates???.




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  • obelix
    07-27 03:14 PM
    Thanks.

    Yes, you need to know your original title that was used.




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  • vgayalu
    06-19 09:53 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.


    I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
    I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.

    vgayalu




    dhirajs98
    08-18 02:18 PM
    sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.

    Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.




    gbof
    10-16 10:13 AM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality

    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.



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