Jumat, 10 Juni 2011

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  • hoolahoous
    05-27 12:49 AM
    ...I like the attitude :)

    i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
    so dream on..





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  • chansek
    07-21 11:38 PM
    Hi,
    can we send Personnel check for I-485, EAD and Advance Parole filing fees.

    Thank you.
    chansek





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  • gc_on_demand
    03-25 02:16 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.


    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?





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  • bestia
    07-20 02:37 AM
    I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?

    Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?



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  • indian1103
    04-30 10:59 AM
    EB2- 140 (regular)
    Receipt Date: Feb 5th
    Approved: Apr 26th





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  • sobers
    06-29 01:42 PM
    Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
    1) Continue working with this company in the hope they are doing everything by the book and this will all work out
    OR
    2) Go work for a bonfide employer



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  • dummgelauft
    05-15 09:45 AM
    Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
    Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...





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  • xela
    04-23 01:16 AM
    everyone that sent in for july 2nd was accepted they did not send them back.
    I have rd july 2nd and my pd has been current no approval yet.....
    just means they might look at your case....hopefully...



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  • peer123
    04-16 09:56 PM
    bumping...





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  • GoneSouth
    04-17 06:42 PM
    This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.

    Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.

    This is just a guess though. Check with a lawyer.

    - GS



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  • jonty_11
    09-25 12:01 PM
    Good find - shows the plight of legal immigrants.

    A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

    On the whole it shows the reality of legal immigration and its waiting times.
    Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...

    Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
    Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"





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  • jmafonseca
    November 21st, 2004, 01:36 PM
    Hi guys, thanks for the replies.

    I had the camera sent to Nikon for diagnosis last week, they wrote me an email just a few days back saying my power module had problems and it needed to be replaced. I requested they return the problematic power module so I could send it to an engineer friend of mine for examination. I'll let you guys know if I find anything new.

    Just 4 days ago Tantrik wrote me a message saying the same happened to him. I wonder if this is a problem with the D70 model because I've never seen Nikon equipment break so easily and I honestly did not expect to hear the same happened to someone else.

    Plus, as I explained, I did nothing to cause the problem. The camera laid there for a few days and when I turned it back on it was already bad.

    Total Cost for fix : U$ 300.00

    Nikon USA said they'd replace the camera for me but I bought it in Brazil. The local Nikon people charged me the above fee to fix it. Down here a D70 costs between U$ 2300,00 and even U$ 4000.00 in some shops. So the fix is worth it.

    If this is a structural problem with the D70 I will sell it and move to Canon. I just don't want to believe Nikon is making such disposable equipment.

    The camera was not purchased from the gray market and I have a proper tax receit with it.

    Thanks again for the replies and please let me know if you find anything else about this problem.

    Best regards,
    Jose



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  • ssbaruah@yahoo.com
    06-10 10:16 AM
    Thanks a lot. I find your suggestions great and if followed, will definitly make a difference. Thanks once again.





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  • dixie
    02-12 07:36 PM
    Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.



    EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).

    If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.



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  • rdehar
    07-20 12:26 PM
    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





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  • akhilmahajan
    08-27 10:00 AM
    This depends ona lot of things.
    But ppl with in USA applying for PR has been getting from 12 - 18 months.
    If you are applying for Quebec, then its more faster.

    The best thing to make sure that your applications moves faster is make sure that u submit all the paper work they request. Get the things in place when you apply. It is very easy to do it yourself.

    Just follow the instructions and they tell you what all kind of paper work is needed.



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  • glus
    04-17 07:57 AM
    Hi

    I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.

    I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.

    my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.

    I will appreciate advise from any one who has gone through this similar situation.

    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.





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  • martinvisalaw
    07-17 11:42 AM
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.

    There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:

    $320 I-129 fee
    $1500/$750 training fee (as it's usually called)
    $500 anti-fraud fee.





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  • girishvar
    08-12 06:35 PM
    OCI's can work without visa. ALL PIO's are eligible for OCI.

    According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.

    Only OCI visa holders can work without employment visa.

    You may want confirm the details on the Embassy website as they keep changing rules from time to time.





    vpadman
    10-19 09:54 PM
    Hello,
    I work in Huntsville.

    Can we organize some kind of a get together ?





    th5000th
    07-10 05:51 PM
    On June 9th, CIS provided the required data to VO. ????

    a1b2c3....hang in there.....Sept might bring more good news.......

    Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)



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