Thursday, June 9, 2011

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  • SOA
    07-23 03:23 PM
    Great!
    Seems like it's the same info as the NSC Updates dated November last year... So it's official that we can file 485 without 140 receipt notice!




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  • ksircar
    07-21 04:59 PM
    risker,

    Once again I urge you to contact IV core ASAP. To start with send PM, ask for their contact number and then discuss the problem. Don't spend too much time on this forum, time is limited. Once you explain the problem to them they may advise you what should be the best course of action. The core may not be directly involved, but at least they may guide you in the right direction.

    Regards.




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  • govindk
    05-25 10:52 AM
    Just contributed $100

    Receipt ID: 4246-7332-8699-1114




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  • hopefulgc
    03-14 04:10 PM
    Know of a few cases from immigration.com where a bunch of envelope PERM filed were pulled in for audit when they saw that a similar case had been filed for lower category in the past. The cases subject to audit were asked to follow through and actually interview the applicants. Losing the job is a real possibility. Think u might still be able to find a few of these if you searchthere.

    That said everything is risky in life.. u don't succeed unless u take risks.

    Question : Why is PERM risky ? I thought that is the only way to get LC now.
    I am thinking of porting to EB2 (10 years + MBA) in US.



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  • Jaime
    09-13 10:41 AM
    I have been thinking about whether to attend the rally or not from past few weeks. Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!

    I am feeling so good now.

    Also, I live in DC area and can help if somebody needs to be picked from airport to the rally and drop them back if needed.

    Hope to see thousands on 9/18th...

    ALL THE BEST TO OUR CAUSE!

    Regards.

    Anucks, what great news!!! You are really committed and your sacrifice in working on Saturday will really pay off! Congratulaions on your decision, you will NOT regret it!!!!




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  • danu2007
    08-20 11:15 PM
    any one has any exp with Rupal Kothari, DC

    http://www.rgklaw.com/

    I had tough time explaining her about H1B extn after 6 year limit:-)



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  • aeroterp
    06-20 08:36 AM
    I for one think that the SKIL provisions will be in the manager's package like last year.




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  • prince_charming
    09-12 11:50 PM
    Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.

    My ex employer revoked 140. At this point of time I did a lot of research and found out the following things

    (1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
    AC21 is a law that allows you to change jobs but there is no system in place.

    (2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.

    In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.

    Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.

    MTR approvals can take 3 to 5 weeks or more too.

    if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.

    These are hidden risks in AC21 but good news is that AC21 cases have always been successful.

    You may have to go through this period of uncertainity.

    Good luck.

    I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.

    For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.



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  • amitjoey
    05-24 01:00 PM
    Thank you cnag, sguntaka, sreenivaskk, sanjay, glen, nmdial, coolpal for your contributions

    The total is $5250




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  • needhelp!
    06-30 12:45 PM
    Nixstor: I have sent you a PM. Do you have information on the representatives we should try and contact personally?

    You can look up your local representative at http://www.house.gov



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  • bigboy007
    09-25 03:38 AM
    I agree with concept of sending ac21 letter but there are similar experiences that this letter is ofcourse of hardly any consideration.

    AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...

    prince_charming, you had mentioned that you had done H1 transfer with AC21.
    I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.




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  • needhelp!
    11-15 01:38 PM
    There is no dearth of ideas here, after all, these are certified advanced, highly innovative people. When an idea picks up enough momentum, state chapters can be an important instrument in ensuring participation. I hope you are a member yourself, and will update your signature to reflect it.



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  • srikondoji
    12-24 02:01 PM
    You have to understand the simple fact that no,law or system is 100% perfect on day 1. Over time we have to learn the system and take the feedback and modify the system according to changing times. You cannot say that discrimination is built into the law. This is totally wrong.
    Again H1-B visa is a privillege just like Driver license. It is not a right.
    We can only request/protest democratically following proper protocols and get our things done. Otherwise there won't be any difference between us and those terrorists who protest by suicide bombers.
    I hope i didn't offend anyone here.


    of course, a different visa type, discrimination built into the law.




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  • kaisersose
    07-14 11:02 AM
    If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.

    Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.

    We should also add the recent upgrades from EB3 to EB2.

    It is possible that CIS was not consuming visa numbers fast enough to keep DOS satsified that visa numbers would not go waste. To make sure, there is no wastage, DOS may have turned its attention to consular posts and pushed the date to June 2006 so they would generate demand for visa numbers.

    There is a very important change starting this year. Spillover from EB1 and EB2-ROW goes to retrogressed EB2. Before this year, EB2 ROW spillover would go EB3 ROW. This is a big change that will result in a larger number of EB2 approvals compared to previous years.



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  • Libra
    07-27 01:06 PM
    indianabacklog, did you make your video and upload on you tube? you know about 2 action items posted by core right? you people are the right one who should stand first in the line to show our problems. I really appreciate if make a video along with your family.

    Nice idea but does anyone honestly think the DOL cares. I am somewhat fortunate that my 2002 labor finally got approved in the middle of 2006. My son is not so lucky since he turned 21 while I was waiting. When my senators office took the matter of my son aging out up with the DOL I was told to put him on an F1 visa and send him to college so he can REMAIN (he wants to LIVE here, big difference) in the United States. These people do NOT care what they are doing to your lives. They do not care that my son has NO path to permanent residency any more and that I have to write the enormous check for his tuition twice each year so that I can still have him in the same country as me and his father. I feel awful for anyone still waiting for their labor certification but at least you will eventually get in line for your green card and will get ahead of those filing now with much later priority dates. You are indeed victims but I just wanted to point out that there are thousands of young adult children who have had their hopes for getting a green card totally shattered by this backlog center fiasco.




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  • bfadlia
    01-12 03:18 PM
    Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.


    Again you are plain wrong. If a non-US citizen buys house in the US then does he have the right to own the house and live as he wants? The answer is YES.

    Similarly, the US Constitution protects certain rights of non-US citizens who are in the US. One of them is right to the Equal Opportunity Employment. Now if a law is passed such that it intentionally or unintentionally goes against the right of the US citizens or non-US citizens, employed in the lands of the US, to Equal Opportunity Employment then YES the US courts can rule that the law is unconstitutional and hence no longer applies.

    The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)") and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.

    Unfortunately, I agree with you, this thread is going no where. It will go on for 10+ pages and then die. I have seen may be 5 such threads on immigrationvoice and .



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  • sudmoni
    02-13 03:34 PM
    pmpforgc
    I am a physician and have not heard doctors are included in Sch A category. I wish u were correct but unfortunately u are not.




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  • Hermione
    09-28 10:46 AM
    Yes, USCIS IS capable of processing quickly (for example, my own case - but I'd say I was very VERY lucky, rather than an indication of system wide improvements). Remember, my GC was approved whilst my PD was not current, and I am still baffled why this happened. Having talked to many people about it, there is a strong suspicion of "squeaky wheel" helping.


    Neah, there were too many approved to be all squeaky wheels. I think I know what they did. On July 1st they ran a simple query and picked up every application that has had no outstanding RFEs and had cleared namecheck, and then assigned them a visa number. If your receipt is from June, you may have cleared namecheck by July 1st, so you got the number. The rest (fingerprint check and approval itself) is just technicality.

    I am on the opposite spectrum of the processing - been pending since early 2006 in EB2 ROW. My namecheck cleared late August - guess what, I am still waiting, perhaps until new numbers become available in October (even though I am current). Even though I have been waiting longer, they really finished working on my petition in June of 2006, so everything on the CIS side, including an RFE was done in 4 months. So, I really do not think your case is an exception. Most current approvable petitions that are not stuck in namecheck are approved in 3-4 months. So, in my opinion, quotas are the main culpit. Namecheck is easier to tackle because it gets a lot of bad publicity from delayed naturalization cases.




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  • gccovet
    06-08 01:08 PM
    What do we have to provide for the following question:

    Part 7. Complete only if applying for an Advance Parole.

    On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)

    Also, do we need to send Passport Pictures right away with the application or wait for USCIS letter?

    Thanks a lot.

    GCCovet




    eb3_nepa
    03-17 10:15 PM
    I think I-485 filing clause is needed. Please note that the USCIS is not staffed enough. So there is a high possibility that the priority date retrogression will continue even if all the current provisions included in the Frist bill is passed. They will retain the retrogression in order to control the number of applications. In such a scenario, it is important for us to try and introduce the I-485 clause, so that people could get their EAD while they wait for USCIS to clear the mess. My 2 cents.

    This actually CUD very well happen. It may be good for IV to consider that.




    pmat
    06-10 02:18 PM
    EB2 india moved at last :)

    Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)



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