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  • PBECVictim
    10-06 04:46 PM
    Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.

    My petition was approved 4 months back, after calling 100 times USCIS.

    In my wife's case we spoke with IO on Sept 4th.
    Created Service Request on 5th Sept.
    During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.

    During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .

    On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.

    October 2nd 2009 my wife's petition approved.

    So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.





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  • gcny2006
    07-11 12:14 AM
    We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .

    May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people


    lets not over do it. There is a thin line between it being tolerated and backfiring





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  • ajju
    09-08 12:26 PM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.

    Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??





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  • HRPRO
    02-07 10:56 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?

    Make the Job Description sound more generic and remove the CIS terminology as much as possible.



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  • jatinr
    07-24 01:01 PM
    As per EBFAQ release by USCIS dated July 23, the

    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or
    July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin
    107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.


    As per Oh-Law Firm , it states the fees is 180 for EAD and 170 for AP if only filed concurrently.
    Do you guys also have same understanding.

    My company has filed by AOS and I am filing EAD/AP on my own, I am now confused that if I file me EAD/AP on August 15th , what fees I will have to pay - 180 or 340 for EAD , 170 or 305 for AP.
    Can someone please verify.





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  • hopelessGC
    08-18 04:26 PM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.

    This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.

    I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.

    AR-11 is mandatory so please file it.



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  • iv_only_hope
    08-15 09:30 AM
    Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.





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  • kumar1
    03-05 11:09 AM
    You do not need any visa for that purpose.
    It is one of the missing unalienable rights listed in the US declaration of independence (Life, Liberty and Pursuit of Happiness).

    on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible



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  • nkavjs
    08-24 11:55 PM
    Me 2

    Recd. on 2nd July, NSC, 10.25am, signed by J barrett
    no checks .. no news..
    and I hate this.





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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)



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  • paskal
    01-22 06:22 PM
    rock!





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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)



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  • smisachu
    04-24 08:05 PM
    Hi Guys,
    Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.

    Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
    Any advice will be greately appriciated.:confused: :confused: :confused:





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  • anilsal
    05-12 08:17 AM
    Documents are usually lost and replaced (via duplicates).

    Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.



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  • pappu
    10-24 01:41 PM
    It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).

    Judy may be the link to other possibilities for IV.
    http://www.nndb.com/people/805/000050655/

    Pappu?
    Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.





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  • Administrator2
    12-09 10:47 AM
    Dream Act 'Motion to proceed' passes with 59 to 40 votes.

    It goes for cloture vote, which require 60 votes.



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  • krishna.ahd
    11-01 09:47 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.
    I assume this is your fisrt job/assignment and understand your pain.
    May be you are at wrong time and wrong place. Work this out patiently.
    Do they ( your company) have work for you or client's assignment ??
    While try to gain some real work experince working here for a while , Please try to find out another sponsor and switch.
    BTW, how about your skill set ??





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  • getgreensoon1
    03-15 11:30 AM
    Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?

    Now that we are feeling the pinch, we want to close this door for the other folks?

    Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??

    Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.

    You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.

    Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.





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  • arc
    10-04 02:29 PM
    Receipt date Jul 2

    Transferred from NSC>CSC

    Receipt Notice Aug 23

    Got EAD/AP

    485 Transferred from CSC>NSC

    Waiting for FP notice





    akilhere
    01-21 12:35 PM
    If you do invoke AC-21, you might have problems with your petition as there seems to be a big difference between a Sr. Program Manager and a Programmer Analyst.

    However, if i were you, i would still take up the new role and send in the AC21. There is a possibilityt hat they will approve it.

    What's the point of a GC if you are locked in on your career growth anyways!?! Remember, these are your most productive years!





    lahiribaba
    03-01 02:30 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.

    you say you will "complete 3 years since landing in Canada"
    then you say " I have not livied in Canada more that a couple of weeks since landing"

    With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.



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