Wednesday, June 15, 2011

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  • maverick6993
    11-07 03:17 PM
    I am in Birmingham and would like to join the state cahpter.





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  • gc_check
    07-16 10:29 AM
    As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
    I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...

    Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...





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  • anand3597
    12-13 05:56 PM
    Hello,

    We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:

    1. Called Nebraska service center weekly for last ~2 months to check progress of I485
    2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
    3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
    4. Nov. 2009- sent letters to senator and congressman requesting assitance.
    5. Nov. 20- soft LUD
    6. Dec. 1- text message and CPO emails
    7. Dec. 7- received green cards in mail

    I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.


    regards,

    anand3597

    donated to IV





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  • nogc_noproblem
    04-24 09:48 AM
    Live webcast can be viewed during the hearing

    http://judiciary.house.gov/schedule.aspx

    Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.



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  • apb
    09-11 02:43 PM
    We will get some idea on how many are still pending.





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  • zCool
    04-01 05:27 PM
    "Bought" the labor?
    So you broke the LAW..
    And now you want to know how to break it further??
    You are ignorant, and CRIMINAL!
    Not to mention stupid!
    Get the heck outta here..



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  • TwinkleM
    01-30 11:03 AM
    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance





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  • rvr_jcop
    02-18 11:15 AM
    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.

    I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...



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  • hope123
    12-22 06:05 AM
    Appreciate all of your valuable inputs.

    I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

    If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?





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  • chanukya
    04-06 08:31 AM
    I think its high time, we step in and say enough of this excessive outsourcing, India has created more than enough jobs in India, ecomomy has grown to a very good level.

    There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.

    The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.




    "As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas."



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  • Bharam
    06-06 09:19 AM
    Fellow IVians,

    Contributed $200 for the cause.

    Wish you all the best





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  • TeddyKoochu
    04-22 03:42 PM
    Congrats and thanks for sharing this great news. Looks like E-E Relationship memo is not being applied.



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  • sukhyani
    12-18 03:54 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....


    Same here! my PD is 09/04 ROW, June 5th filer, got an LUD on 12/10 when my case was transferred to National Benefits Center and then two more soft LUDs on 12/15 and 12/18.





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  • cinqsit
    12-10 03:12 PM
    rubaru,

    Congratulations!

    Did you open a SR, Infopass or POJ to find out about missing fingerprints ?

    Just curious

    Thanks
    cinqsit



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  • nousername
    02-24 01:28 PM
    Siva, this is not new. I had such a request back in 2004. I was transferring my visa at the time. My attorney had a university professor state exactly the same thing in a letter. The letter took care of the problem.

    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks





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  • amsgc
    07-23 12:08 AM
    Did you send them a copy of the approved I-140 and request them to port the PD?
    Also, do you know if your previous I-140 has been withdrawn?

    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai



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  • jamesbond007
    11-19 03:32 PM
    Does this mean that, if we do not want to be overstepped in the Q, everyone has to have an attorney with AILA membership?? :eek:

    Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.





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  • prom2
    11-26 10:30 AM
    I saw in four Jun filers approvals at TSC dated 11/24.

    Good luck





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  • binadh
    07-12 01:06 PM
    May be someone from NY can start calling/writing clintons office. Help us or return that $$$$.


    As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?

    source: http://www.nysun.com/article/57238


    If you think this thread is useless, CORE please close this thread.





    sanju
    04-17 01:08 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??

    I truly understand your position my friend and feel sorry to see you go though this.

    Here is my suggestion -

    Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.

    I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.





    ksrk
    01-21 06:48 PM
    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

    If your I-94 says AOS Pending, how are you on H1B?
    If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.

    With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.



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