Sunday, June 19, 2011

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  • pani_6
    08-24 03:42 PM
    The situation seems pretty grim...there are about 80 k indian students
    coming to the US every year in total about 250-350 k including all international students (I assume) and at least 50% of them want to work after graduation (I assume)..with the h1 cap at 65K(lot of them taken away by consultants) ...and the lots of school funding squeezed because of the war..Most students (I assume) study with no AID hoping to get a job to repay some of the loan/ father's money...

    I think prospective students need to know the real situation out here..before
    they make a choice of studying here.

    I hope this grim situation is temporary...




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  • glus
    03-19 11:40 AM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu

    OK,
    I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
    -contact your senator
    -if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
    USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.

    If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.




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  • seahawks
    01-31 11:48 PM
    Stay focussed, support IV goals, help raise funds, volunteer, spread the word on retrogression and believe in you and for the same cause! Remember, immigration law is complicated, no matter who provides information or posts reply, always consult a qualified attorney for your own case.




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  • pablo8000
    04-16 07:36 PM
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot



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  • Ramba
    05-30 04:09 PM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    You can join Y either on H1 or EAD. It does not matter. In order you to get GC using AC21, the job offer from Y should be the similar occupation of what X sponsered you. That means it should be a managerial occupation. If Y offers you "not similar" occupation of X, your 485 may get denied, irrsepective of how you joined y (EADorH1). The bottomline is the new job should be similar to the LC job.




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  • martinvisalaw
    06-25 08:50 AM
    Hi,

    I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

    I am not working with the company anymore but I am on their payroll till July 21st 2009.
    I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

    My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

    Do you think it will work and it won't cause any problems to my petition?
    What other options do I have ?

    Thanks in advance!

    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.



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  • pappu
    08-22 04:57 PM
    Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.

    I will call these people in Buffalo to find out if I can motivate them for rally..

    Thank you

    Thanks. Im glad I was able to help one more person come to the rally. If anyone has any issues they should contact the chapter leads or core team. We needed everyone in DC. Only exceptions are for who are unwell, pregnant or anti-immigrants on this forum. If you are neither of these three then see you in DC.




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  • rockstart
    03-16 12:26 PM
    You can use the services of some CPA since you have so many changes in status and deductions to claim plus filing of ITIN for your wife. When I changed status from F1- H1 I used the CPA since I was not sure if I would be able to do it right. Better to go to an experienced CPA rather than H&R block kind of people. PM me if you want details of the guy I use.



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  • knnmbd
    07-14 01:48 PM
    EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.

    2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country




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  • bskrishna
    03-24 12:58 PM
    Mark,

    Hats offs on your responses in the radio show.......



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  • inspectorfox
    11-04 07:42 PM
    Congrats...I see hope from your case.
    My case still remains stuck in security check at USCIS TSC...395 days and counting :)




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  • krishna_brc
    05-30 07:11 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:



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  • number30
    04-23 06:44 PM
    Do you have the kids who goes to School? If yes then Either Sugarland Or Katy area are usual choice. You have some apartments in Hwy 6 and 59 area. If you Work in downtown you can use park and ride from any of locations.

    If you do not have kids you can get am apartment near your office So that you do not have spend time in traffic.




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  • eb3retro
    06-19 10:07 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.



    hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..



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  • ash27
    06-06 10:36 PM
    I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..




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  • fromnaija
    03-24 12:49 PM
    Thank you Mark how you rebuffed that stereotypical response on "being grateful to being here in this wonderful economy and enjoying such nice living conditions".

    I really enjoyed the interview.



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  • kaizersoze
    03-21 01:48 PM
    Folks,

    I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
    We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)


    The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen

    List of the senators and the congressmen
    http://www.visi.com/juan/congress/cg...e=ctc&state=nj

    To find your local representative
    http://www.house.gov/writerep/


    This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.

    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.

    Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:


    The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36

    We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.

    C'mon people, now is the time to make a difference. lets make this happen !!




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  • skv
    07-18 01:51 PM
    Atlanta PERM Center belongs to DOL not USCIS


    We need more people to know about the issue at the Atlanta PERM center.

    I'm sure, our immigrationvoice will support as always. :-)




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  • milind70
    07-07 02:13 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
    There is no definate answer,but in general lawyers ask for last three W2 with last three paystubs plus last three years returns filing copy.




    kumar1
    07-28 01:18 AM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.

    v




    Marphad
    01-09 12:38 PM
    Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???

    And when we leave the country we surrender both the I-94s ???

    No the current one!



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