Monday, June 20, 2011

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  • purgan
    10-13 07:23 PM
    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US




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  • seahawks
    06-29 11:30 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.




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  • WaitingYaar
    10-01 12:32 PM
    My PD is current, and also my processing date is outside the processing times currenlty published by NSC and I140 is approved. Not sure why AOS is still pending. Any thoughts? What I should do to expedite this. Thanks.




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  • GCBy3000
    04-15 07:35 PM
    I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

    THe LPR clearly states that it will become void if any of the below changes.

    1. Job description
    2. Location
    3. Something else, I dont remeber.

    The above will not come into effect, if you had crossed 180 days of 485.

    Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

    I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

    AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.



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  • hopefulgc
    08-30 07:36 AM
    Not illegal if you are also present in the recording.

    - son of a lawyer... not a lawyer myself.


    Isnt recording conversations without the consent illegal? :confused:




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  • viva
    01-31 11:13 PM
    he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
    In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
    He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
    He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
    Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.


    if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?

    most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.


    people can claim to be a lot of things in this world..just don't believe everything they say without proof....


    if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?



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  • gcadream
    02-24 01:33 PM
    I'm due for my H1 visa extn as it is going to expire in Apr-2010 and my employer is going to do it anytime soon. I have heard that these days USICS is extending the H1 based on the project end date mentioned on Purchase Order, if that is the case then
    [1] does it mean that we can get extn only for 6 months or so instead of 3 yrs [if your I-140 is approved]?
    [2] And after six months do we again have to file for extn and pay all the fees again ?

    Any help on this issue is highly appreciated.
    Waiting to hear back from all of you.




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  • pappu
    02-16 02:20 PM
    Hi,

    Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.

    Please let me know of the next time we plan to get together about this.

    Thanks
    get in touch with ivuser



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  • suresh_la
    12-01 05:16 PM
    Hi

    If any one can answer my question above , please

    I am in dilema

    Thanks in advance




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  • askreddy
    08-16 05:08 PM
    Hi

    The same happened to me in Oregon. Though they have all immigration information about me the person is not able to see/understand and asked me to come after 10days.

    Normally they take 5-6 days if they are really expecting some info.

    Try calling after few days and check with different officer. Not all of the DMV staff are trained to understand all aspects of immigration.

    Thanks



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  • pappu
    02-18 01:06 AM
    Hello Varsha and NJ chapter members,

    Thank you for taking the lead with the Meet the lawmaker initiative. It is very important for our EB community to be active and vibrant on the issues that are important to us. We cannot emphasize enough the importance of meeting the lawmaker in our home states. As you already know, in campaign like ours, it is the most vibrant communities who ultimately succeed.

    The real question is when would there be sufficient number of community members who would feel the need and the motivation to be vibrantly active. It is the fence sitters that we have to convince so that more number of green card applicants, suffering due to retrogression, would feel the urge to actively participate in fixing their own issues. And your act of sharing your experiences with the community about what you were able to accomplish, is a big step in the right direction to motivate others to emulate what you have been able to do. In effect, today, you helped raise the level of consciousness of the community and prompted a sizeable number of members to think and believe that they could meet the lawmakers and make the difference in this debate. I am confident that most members, who listened to your narration tonight, were convinced that they could do it too. That is the message that we have to send out so that the energies emanating from our frustration due to delays with the system, which are often times visible on IV forums, could be channelized into positive direction. We see that there are many reasons why people do not actively participate in Immigration Voice efforts. A large part of these community members could be described in two broad categories:-

    (1.) Green card applicants who are totally unaware of the current situation and thus they are indifferent towards the reasoning and the depth of the problem causing delays in the system. They think that their individual applications will get approved in "few months" so there is nothing they need to do.

    (2.) The victims of the retrogression come from various parts of the world.
    The members who belong to this group are already disheartened with the delay of their application and have waited patiently for their turn in the line for several years. This long period of wait has made this group of people to lose faith and so they do not believe in themselves. They don't actually think that they can make any difference in this debate to facilitate anything that would change the system. Because they do not believe in themselves, these people do not also believe that others like them can do anything to change the system either. So often times they refuse to participate, not knowing that they are refusing to participate in an effort that will ultimately facilitate the change in the system.

    The positive message, like the one from you on the conference call today will help more and more members to believe that they can actively participate in changing the system to change their and their families' lives. And it is this belief in our own self that will ultimately wake-up this community. I am confident that after listening to your narration on today's call, more and more members will sincerely attempt to meet their lawmakers and will educate other members about their efforts. I believe that this community has a massive potential to make the change. The only question is when would the sizable number of IV members feel motivated enough to get up to actively participate in this process to facilitate the coming change? After today's call, I believe that the answer to this question is, very soon.

    Again, Thank you for actively participating in the effort and more importantly, encouraging others to participate actively. Please continue to help and motivate other members in the organization.


    Regards,
    Pappu on behalf of IV team




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  • immigrationvoice1
    03-18 04:49 PM
    I checked with my employer's immigration department. They said, revoking I-140 is not mandated by law however, revoking H1B is. I-140 was revoked primarily by my employers during the labor substitution days to pass on the underlying labor for the I-140 to another consultant once the original consultant left the company.



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  • pkv
    01-07 06:13 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?




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  • PHANI_TAVVALA
    12-02 08:06 AM
    Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).

    My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.



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  • gc_wow
    09-30 05:56 PM
    I got Rfe to send pictures for Advance Parole, it is funny because already I have mailed them pictures, i dont know why they send me Rfe for that. AILA and immigration lawyers are leeches, ask any immigration lawyer they hate us to the core, yet this USCIS workers and immigration Lawyers choose to ignore that they are dependent on immigrants for their daily bread.




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  • smsthss
    07-05 12:36 PM
    anybody on this !!



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  • whoever
    01-31 02:46 PM
    how can one get copy of i140? does it not belong to the company?




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  • sk2006
    04-22 07:57 PM
    Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...

    More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)

    Can we forward this to LIE DOBBS? :D




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  • tabletpc
    12-15 11:54 AM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,




    sledge_hammer
    02-07 01:14 PM
    hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671

    Thanks whoever,

    I asked people on the EB3 poll thread where I can find the poll for EB2. Never got an answer, hence this thread.

    Admin can delete this thread ...




    venky08
    09-25 05:00 PM
    you have till december to find a job. thats 2-3 months. put all your energy to find a new job and ask the new employer to file H1B. if you can find a job in a good company you will have another stab at it. stay away from consultancies this time if thats what causing the rejection...you need to elaborate more on your situation to exactly know what your options are (field of study/experioence etc)....

    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.



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