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  • tabletpc
    09-27 09:27 AM
    yesterday in Lou Dobbs i heard that an illigal immigrant who was arrested at the border of mexico stole the border patrol vehicle and drove back to mexico in that vehicle. Later helicofters were sued to recover the vehicle. LOL...!!!!

    I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.

    Sometimes i feel its high time to reconisder the US dream...!!!!




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  • zCool
    02-25 10:38 PM
    Do not move to IT!
    Are you crazy?? IT is indentured servitude for some desi consultant!
    stay away.. there are already plenty of slaves..




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  • grupak
    11-26 04:42 PM
    To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.


    WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.




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  • leoindiano
    07-12 10:04 AM
    DOS chief is a puppet for republican government. He is neck deep on the attorney's firing case.

    They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.



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  • guygeek007
    07-24 03:27 PM
    I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

    Suggestions and advice would be appreciated.


    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • cyclone_p
    06-21 12:24 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.



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  • krishna_brc
    05-30 07:11 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:




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  • leoindiano
    07-09 01:45 PM
    Buddy,
    Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.

    GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
    Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:

    Needless to respond...but cant stay calm....

    We were trying to track what is going on? 15 days was the published deadline. Priority date of mine is Nov 2004. You can check my previous posts. You are the one who was harsh to start with. Now you are talking about english. You got the boomarang.. good luck



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  • pou-pou
    06-11 08:44 PM
    wow :D I have done good here :D :lol:

    well, the guy with the green swan stamp should win though :love:




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  • gc_wannabe
    06-17 09:12 PM
    TOTALLY unknown...

    No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.

    So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.

    Cheers

    ArkBird

    Thank you.



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  • eb3retro
    03-15 01:38 PM
    eb3retro,

    Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.

    Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.


    Thanks for the response admin, I understand your concerns.




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  • jackisback
    02-14 02:07 PM
    I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.

    Just FYI.. I did send the letters last week.

    Thanks,
    Abhay



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  • chanduv23
    03-26 08:16 PM
    It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.

    But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.

    The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.

    Remember, legally you are not supposed while on h4.




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  • shreekhand
    07-25 12:11 PM
    Some clarifications needed here !

    1.) Data entry is not done by adjudication officers (AO)
    2.) Unless an AO is trained in a particular "production line"
    (I-485, I-765 etc.) they cannot move them around
    3.) Bear in mind AO's have the option to and do work from home too.
    4.) The adjudication rate per past service center reports is
    around 2 or3 cases per hour for I-485


    The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.



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  • MONCYS
    01-20 03:50 PM
    My I-140 got approved in EB2 category in USA. My spouse who is on H4, born in U.A.E (Dubai) holds an Indian passport.
    I would like to know that whether possible to apply for 485, EAD and AP using my spouse's Country of Birth.

    Apprecite any help.




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  • roseball
    10-07 06:30 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

    The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.



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  • Ramba
    01-23 06:51 PM
    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?

    Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)

    IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..




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  • Scythe
    11-29 02:34 AM
    Gah, I knew it! :deranged:




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  • stealthgt
    04-18 09:29 PM
    I'm in Miami




    natrajs
    09-03 10:06 PM
    MS + 0 yrs Exp is fine as long as the Job requirments clearly define that they need MS + 0 Yrs Exp




    chanduv23
    02-25 10:56 PM
    Do not move to IT!
    Are you crazy?? IT is indentured servitude for some desi consultant!
    stay away.. there are already plenty of slaves..

    It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.

    There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.



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