Tuesday, June 7, 2011

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  • geesee
    07-17 07:28 PM
    IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!

    BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?

    His comments from the bulletin sounds so honest


    �The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�

    Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...

    Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.





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  • rakesh_one
    03-20 03:25 PM
    I believe, you dont have choice but to go with EB3 of the new company. That way, you will still be in US and EB3 (India) is not going to be bad going forward as it crossed major hurdle of April'01. With April 08 bulletin, everyone learned that unused visas flow into different categories. So pretty soon, EB3 ROW will be current and there wouldnt be many people to use all of them. They will flow into EB3 India.


    I needed some advice on this situation I've found myself in.

    I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.

    Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.

    I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.

    I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.

    Please help!





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  • marty
    01-09 01:07 PM
    I think the text of the post is missing. I am quoting it from the original post below.



    URL: http://immigrationvoice.org/forum/showthread.php?t=23029

    We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

    US House of Representatives
    https://writerep.house.gov/writerep/welcome.shtml

    US Senate
    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

    http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

    ------------------------------------------------------------------
    E-Mail Subject

    Delay and concerns about USCIS processing time updates

    E-Mail Text

    Dear [Name of your local representative]:

    I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

    1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

    2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

    I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

    Thank you,
    [Your Name]

    ------------------------------------------------------------------

    Please let me know if anything else needs to be added to the e-mail text.

    Thanks.





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  • bitu72
    06-14 06:40 PM
    Should the passport be valid for more than 6 months for applying I 485.

    If somebody can answer that would begreat



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  • veni001
    11-05 09:27 AM
    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

    You need to consider two scenarios here...

    First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.

    In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)

    Second: Approved I-140 revoked by USCIS due to Fraud

    In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.

    Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.

    If the PERM labor expires then you can not use that to get 1 year extension
    If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p





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  • gbadrain
    08-12 03:46 AM
    See Newbie,
    I have read in many forums that in todays time every consulate is well connected with each other through database stored in their system as also we are supposed to lodge our case only at the Consulates near our Working place or bonafide state where we belong to.
    Anyways thanks for ur opinion buddy:)



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  • hibworker
    03-21 11:29 AM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.





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  • Berkeleybee
    06-03 07:44 PM
    Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.

    Pappu,

    Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.

    We just have to keep hammering away.

    best,
    Berkeleybee



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  • MCQ
    10-26 04:03 PM
    Here's how I see it.

    If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

    Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

    so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

    one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

    Hope that helps

    McQ





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  • cagedcactus
    11-19 02:25 PM
    I just checked that Nebraska is now processing cases from August 2007 for I 140 applications. Do these also indicate China and India?
    My pd for I 140 is in July, and I am from india. Should I be able to make a query since the dates have gone past my PD?
    thanks for any info....



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  • sjhugoose
    January 6th, 2004, 12:48 PM
    Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?


    Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!

    BTW, looks like your really enjoying the 100-400L!

    Scott





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  • Tommy_S
    04-11 01:36 AM
    They're nice. The bootom stamps look agressive, because of the color (too bright/hot). That's it.



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  • mdmd10
    08-27 05:03 PM
    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?

    I believe the answer to that would be a 'No'.

    If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.

    However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.





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  • nixstor
    09-18 02:37 PM
    I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.



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  • lonedesi
    06-02 08:55 PM
    The video clip has been posted on the website and the link is

    www.ktvu.com/video/9315563/index.html?taf=fran

    Great job IV and Pratik !!!





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  • whiteStallion
    03-01 02:35 PM
    Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.



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  • bobby
    04-19 01:15 PM
    Yes, I can file for adj. of status 5/1
    PD 5/03 ROW EB3





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  • vbkris77
    12-27 02:25 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..





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  • chanduv23
    09-14 11:46 AM
    IF YOU STILL NOT ABLE TO DECIDE FOR NO REASON -

    DEAR FRIENDS - LYING LOW AND HOPING FOR SITUATIONS TO IMPROVE HAVE NEVER WORKED.

    POLICIES CHANGES CAN HAPPEN ONLY IF YOU WANT TO MAKE THEM HAPPEN

    REMEMBER - WE ARE ALL HERE WORKING HARD AND CONTRIBUTING TO THE COUNTRY. WE DEFINITELY NEED FAIRNESS IN THE PROCESS AND THATS WHY ARE ARE STANDING UP FOR OURSELVES.

    IF WE DONT DO WHAT WE AARE DDOING

    (1) LOU DOBBS WILL LABEL US AS LABOURERS FROM THIRD WORLD COUNTRY
    (2) WE CONTINUE TO HIDE BEHIND CLOSETS AND THE NATION WOOULD NEVER KNOW THAT WE EXIST THOUGH WE CONTRIBUTE
    (3) ANTI IMMIGRANTS WILL THINK THAT WE DO NOT HAVE COOPERAATION AND WILL INFLUENCE POLICY DECISIONS - THE JULY FIASCO IS AN EXAMPLE
    (4) EMPLOYERS WILL CONTINUE TO GOUGE VISAS AND BRAIN DRAAIN WILL CONTINUE
    (5) JOBS WILL MOVE OUT OF THE US

    DO WE STILL WANT TO BE LIKE THAT?

    LETS ALL STAND UP FOR OURSELVES.

    LETS ALL SHOW OUR FACES IN DC.

    LETS ALL UNITE FOR A CAUSE.

    YOU - YES YOU CHANGE YOUR STANCE, AND FOLLOW YOUR HEART.





    ksrk
    03-04 04:37 PM
    Topics at this forum range from H1B to visitor visa to citizenship to EB-based GC and sometimes even family-based GC sponsorship.
    Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
    And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...

    At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.

    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra





    mk26
    12-21 01:35 AM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK



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