Saturday, June 11, 2011

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  • dolicus
    08-27 12:11 PM
    Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
    Thx




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  • fatboysam
    05-17 01:05 PM
    IfYouSeekAmy,

    Can you please share your experience with them?

    Thanks




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  • RNGC
    04-07 08:21 PM
    Here's another parallel Idea.

    Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.

    By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.

    The reason we should meet the current President is that he has nothing to loose...he may show some sympathy on us....Though the prospective candidates will support us, they cannot show their full support in public till elections are over and they settle down...sometime end of 2009!




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  • amitga
    10-26 10:27 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.



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  • milind70
    07-26 09:39 AM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?

    Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
    But if your employer instructs the attorney he can share the copies of the same with you.




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  • watzgc
    08-28 05:09 PM
    Got 2 year EAD from NSC while pending i140 for more than 1 yrs.



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  • sayantan76
    11-06 03:37 PM
    AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))

    Here is a snapshot of the GOP Class of 2010�s extremism:

    ENVIRONMENT

    - 50% deny the existence of manmade climate change
    - 86% are opposed to any climate change legislation that increases government revenue

    IMMIGRATION

    - 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
    - 32% want to reduce legal immigration

    TAXES/SPENDING

    - 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
    - 79% have pledged to permanently repeal the estate tax
    - 48% are pushing for a balanced budget amendment
    i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......

    1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.

    2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense

    3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?

    4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.

    the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........




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  • addsf345
    12-02 11:44 PM
    This in from Ron Gotcher website....I guess they are reading our letters.....


    Good news concerning AOS denials based on I-140 revocations

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

    ------

    I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.:mad:
    __________________

    read carefully all those who are thinking that the issue is over. I don't want to spoil the party, but this issue is still far from over.:confused:

    Please do help IV, help yourself, help ourselves. Take part in IV letters campaign for wrongful AC21 denials. Click here (http://immigrationvoice.org/forum/showthread.php?t=22182) & send letters.



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  • chanduv23
    03-08 08:48 PM
    Wow,

    at first glance it seems 245(i) is kicking in real hard.

    Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,

    Compare this with H1-B data and you'll see what I mean.

    Also EB-1 seems unusually high at ~37,000
    EB-1 is even higher than EB-2

    isn't that unusual?

    Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.

    It if definitely interesting to note that eb1 India has so much demand.




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  • WillIWin?
    01-04 09:16 AM
    This is possible. The gist of the rule is:
    Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).

    You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.

    Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)



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  • studentoflife
    11-08 09:35 PM
    As i understand for labor there are only 2 centers right ? one is the atlanta processing center and the other is chicago processing center. Atlanta processing center caters to the state in which my employer has registered his company so i believe he must have sent my application to this processing center only.

    http://www.plc.doleta.gov/Processing_Centers.htm

    Kindly correct me if i am wrong

    StudentOfLife




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  • eb3_nepa
    08-02 11:54 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.

    Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".



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  • pappu
    01-20 10:33 PM
    IV is not giving any updates on the public forums at this time and risk our ongoing efforts. Do not quote some annonymous members on other forums or this forum to elicit a response from IV. Do not continue to start new threads asking for updates and asking core members for answers. You, an IV member is our answer and you yourself can also provide answer to all of us by helping us. It is our combined effort that will lead to a solution for all of us. IV core is working hard to make something happen but you all are our legs and support us. We would like to encourage members to actively participate in state chapters, and they can get to know our action plans by participating in them. We also want members to actively participate in funding drive and we will be communicating with such contributing members. This would encourage members to help IV to help everyone and themselves with their efforts. Till now merely 154 members have commited funds in the past 1 week. We can get thousands of opinions on forums on a given subject, but it is really hard to have a meagre $20 contribution from members. Without contributions we will be limited in our efforts. It is very critical for our success and to achive our common goal. IV will not survive without being able to fund our efforts and members can continue to debate on various provisons on forums without much hope for any relief. Hope you will appreciate this POV, understand the gravity of this issue and help all of us in the IV community wth the ongoing monthly contributions drive.
    Thanks




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  • mambarg
    07-26 02:52 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.



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  • mikemeyers
    11-09 12:20 PM
    anyone else has any opinion..plz share it...




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  • wandmaker
    10-22 10:23 PM
    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.

    The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".

    If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.

    More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)



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  • hate_me
    03-18 12:05 PM
    Cool, so thats it, its best to wait for an rfe and respond when you recieve it, if at all

    actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
    i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.




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  • InTheMoment
    10-14 12:25 PM
    Also, a minor correction to the answer on whether all have to wait for 5 years after GC to get naturalized...the only exceptions are military personnel *and* those who married US Citizens (marriage based GC's) - these categories have to wait only 3 years




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  • beppenyc
    09-14 02:46 PM
    The key will be to see what kind of congress we will have, before that, it is pretty hard to make any prediction. In any case, i remember this may when President George Bush and the senators met at the white house, he (the prez) told that he believe to have a bill by the end of the year, he never mention before election.
    Let`s see and hope




    dc2007
    08-04 06:57 PM
    I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.

    Here is the one scenario out of many:

    Scenario 1:
    1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.

    2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.

    3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.

    4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140

    Question 1
    So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
    Note: my H1 labor has NJ address only for this duration.

    Scenario 2:
    In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).

    Question 2
    Should I use NJ address only for these 2 years - 2003 and 2004 ?

    Scenario 3:
    Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.

    Question 3
    Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?

    My main concern is, Is g-325 has anything to do with tax return ?

    Should I make sure that my H1 labor state should match my residence address?

    In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?

    Thanks in advance




    lazycis
    01-15 10:48 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


    -Supported the million dollar drive

    Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998

    Sec. 413 (a)(vi)(II)
    "It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
    is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."

    http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf

    Legal fees may be different.



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