Wednesday, June 22, 2011

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  • chanduv23
    10-10 09:11 PM
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  • bindas74
    03-17 10:39 PM
    You all are right that we should not divide ourselves on EB2 and EB3 basis. But it is true that there is no hope for EB3 unless the point is raised for it in IV drive. EB3 is a hopeless case. People are so frustated since they are unable to decide about their future. Let's do something for it too.

    I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....





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  • pappu
    01-30 07:12 AM
    /\/\/\





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  • Goodintentions
    04-11 07:57 AM
    You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
    You may verify the same with lawyers and gurus.
    =================

    Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)

    AC21 and I-140 Revocation : INS Inconsistent on I-485s
    Posted Feb 07, 2003

    The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.

    For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.

    We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.

    The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

    If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.


    � The Law Office of Sheela Murthy, P.C.

    ==================

    Best wishes!!!



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  • fall2004us
    08-04 06:30 PM
    Here is my recent experience,
    in the month of april my wife and I had received RFEs for 325 and birth certificate, we submitted the evidence and there was soft LUDs for almost a week, case status said a decision will be made in 60 days. I t is more than 90 days, so I called up the customer service (I very well know that they can't issue GC as the priority date is not current) I spoke to her as a layman and filed for a service request. Here is the email that I got:

    Dear Mr. XXX:

    On 07/27/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

    Caller indicated they are:
    -- Applicant or Petitioner
    Attorney Name:
    -- Information not available
    Case type:
    -- I485
    Filing date:
    -- 07/02/2007
    Receipt #:
    -- LIN-07-XXX-XXXXX

    Beneficiary (if you filed for someone else):
    -- Information not available

    Your USCIS Account Number (A-number):
    -- 0XXXXXXXX

    Type of service requested:
    -- Outside Normal Processing Times

    The status of this service request is:

    At your request, we have researched your inquiry regarding your I-485 application. Our records indicate that you are the beneficiary of an approved I-140 petition (second preference) and that your priority date is October XX, 2006. There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. We regret any inconvenience to you and sincerely appreciate your patience. We will notify you as soon as a decision regarding your application has been made. In the interim, you may review the status of your application by visiting our website at USCIS Home Page (http://www.uscis.gov). For information regarding visa availability, please refer to the monthly visa bulletin published by the Department of State at Visa Home (http://www.travel.state.gov/visa).
    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    U.S. Citizenship and Immigration Services





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  • natrajs
    08-21 11:56 PM
    Dear Friends

    With the Current Wave of Applications we never know how long its going to take to get an approval

    We have to advocate for Law changes and make the Senate and Congress to address this issue, If not it may take longer than you think

    Support IV's Effort



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  • mjdup
    03-27 05:09 PM
    PCS,

    you have accomplished a lot ! congrats, I also vote for PCS.. let's do a voting as they do in judiciary committee..I'm very confident that PCS would be a great representative.





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  • FinalGC
    02-28 04:03 PM
    This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....

    Dude, where's my green card?

    By Salil Pradhan

    While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.

    I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.

    People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.

    The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.

    More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.

    Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.

    Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
    If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.

    Pradhan is a member of Immigration Voice.



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  • gc_coming
    09-23 08:22 PM
    Hi Gurus,
    I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help





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  • rayoflight
    05-07 02:17 PM
    Hi Pappu,

    I missed out last time but I Registered for the event and feeling proud to be part of US HISTORY through IV.

    Cheers,
    Rayoflight



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  • factoryman
    06-18 05:24 PM
    and will revalidate your H1B, assuming the job, company everything is same. That is my best educated guess.
    What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?





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  • RamBihari
    02-15 05:49 PM
    hi,

    i have 3 yrs degree + 1 yr pg diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that i am doing.

    I am currently filed in eb3 category, and new company i am changing job to are ready to refile my gc. But they won't file my gc in eb2 category, as i don't meet the 4 yr bs requirement.

    My son will be in the highschool in 4 years, and i don't want to spend a lot of money on getting ms to myself. But for the gc i am looking for fastest and cheapest way to get ms program. I have no idea how it works, what qualifies me for a degree, what can i get credits for. Any inputs would be appreciated.

    Thanks!


    1



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  • jsb
    01-14 10:58 AM
    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.





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  • styrum
    02-08 08:25 PM
    So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:

    - MS+0 / No BS requirement
    - MS+0 / BS+5

    And by better I mean less chance of an audit or proof of business necessity requirements.

    I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.

    Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2

    It looks to me the only way for zone IV would be MS + 0.

    I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!

    Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.

    Do they not follow their own rules?



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  • hunkuncontrolled
    04-02 12:48 PM
    First of all learn to "conduct" yourself in public before working for the semi conductor industry. What is gulti mentality pls explain? Second of all you chose to come here with the constraints that were imposed on you, did you have the balls to question the immigration officer as to why your wife could not work? If you think this is hell my friend you are in for a rude surprise.
    When you want answers for your question there is a method for asking it, pls follow that method and you will get your answers, there are more people willing to help here than you will find anywhere. Ranting about communities will get you no where, now apologize and ask your question, someone will answer.

    Gulti mentality was something that guy(malibuguy) was talking about . Thats what i meant by Gulti mentality . I just started with a simple question "WHATS THE MOTIVATION FOR CONTRIBUTION(MONEY AS WELL AS TIME) FOR PEOPLE WHO HAVEN'T APPLIED FOR GC " !! Was that offensive ? I don't need answers for specific questions. I just need to know what IV is all about ? ? BTW, i have balls to ask anything to anybody if it makes sense(immigration officer is not making rules) .





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  • msgrewal81
    03-22 11:19 PM
    I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.

    Sorry bro....they will not give amnesty to you. ammendments in bills will make sure that legal people like you and me are excluded from this amnesty. read my post above.....



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  • kowligi
    07-23 02:29 PM
    Hey Guys,

    When applying for CP the consulate we can apply to...does it have to be only the one in your home country (American Embassy in Chennai) or can it be the one in the country of last residence.

    I have studied and lived in Canada for 3 years before coming to US. I am wondering if i can choose American Embassy in Montreal as my consulate post (country of last residence) or is my option just the consulate post in country of birth

    Any thoughts on this greatly appreciated!!!





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  • wahwah
    09-20 11:19 PM
    i really appreciate and applaud what you and other members of immigration voice and other pro-imigration groups have done but for personal reasons i believe that fighting the congress is a losing battle and i sincerely doubt if we'll have any pro-immigration bill passed before the 2008 presidential election and when the new president comes this will fall att the bottom of his/her agenda. Look at Bush's tenure he's promised pro-immigration measures since 2004 and squat has happened. The issue is that there a lot of anti- legal and illegal immigration activists and congress members who will make sure nothing goes thru the senate or the house.




    Simmer guys - sorry to cause ripples here.

    By "those people" I mean the people that come to the forums only to either track which mail room boy signed for a package, or argue about who bad the inactivity of movement on a Priority Date movement would be.

    "Those people" are not here to contribute, they aren't here to help anyway. They aren't interested in meeting their lawmakers, or attending a rally.

    In all honesty, "those people", who are busy tracking not predicting probably don't give 2 hoots about bulletins anymore, they are content with 10 years of EAD / AP renewals but doing nothing to change that.

    Its a gross generalization, of course, but I apologize if people took that as offensive. Sometimes the truth is a little annoying.

    I was working at the rally for 4 days, and was checking the forums in my spare time still. Those tracking threads sure looked very active throughout the whole thing, despite a comparative hand full of IV members were working very hard to actually make change.





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  • sanojkumar
    04-26 09:35 AM
    I have been a passive visitor to this site for sometime. now I can't resist sending my contribution for this great cause for all of us. It is on the way. Thanks again!





    gcisadawg
    09-06 08:20 PM
    No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485

    Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.

    ramaonline,

    Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
    My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.

    Thanks,
    gcisadawg





    belmontboy
    04-21 02:37 PM
    Why should only GC holders get this 'permission'? F1, J1, L1 and H1 people should also be able to get their parents. Also, add all their dependents, H4, L4(??) whatever. We can all live as a big family then. Or, just pack up and go back to India.

    Its ridiculous to hear people saying that they like to live in the US because of human values here, but then talk about Indian values. Please make up your mind. It's not just my family, my siblings, my whatever..... Think outside 'your' little world.

    Well said



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