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Sunday, June 26, 2011

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  • Saralayar
    12-18 02:49 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where is he coming from. The law does not provide for lay-off exception.
    Recently I heard that if you are laid off from the company, then the 180 days period won't come into picutre and you can very well move to another company, provided your I-140 is approved and not revoked. I think they have made some modifications recently to the law on this type of cases. Talk to your Lawer to find out these changes.





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  • pappu
    04-13 04:40 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    We are glad that it worked out.





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  • H4_losing_hope
    02-19 08:36 PM
    Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.





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  • nilcritz
    12-20 01:32 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.



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  • doggy
    07-21 07:41 PM
    And you have to fight the Antis online too. I have been doing it for years.

    Now they are getting a conference call to "teach" them how to spread propaganda in the comments section of newspapers and blogs!!!

    You'll be surprised how racist they are towards Chinese and Indian people, especially when they are discussing amongst themselves in private forums. Not only that, they even malign any sane level-headed Caucasian American who speaks out against their approach.





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  • mbawa2574
    08-20 04:42 PM
    Go get a good lawyer .File a lawsuit against attorney for breach of contract and ask for minimum 5 to 6 million dollars in damages. see if you can involve the company too. screw their happiness to the largest extent . Expose your employer and file a complaint that he forced you to pay for your labour cert and 140 expenses. DOL will shut him down as they are already investigating these fraud shops.



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  • sanbaj
    05-05 03:26 PM
    Hi,
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.



    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?


    Thank you everyone..
    My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.

    If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.

    I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.

    Hope this helps.





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  • glen
    04-01 06:27 PM
    Fax 10 & 11 done.



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  • nrk
    10-31 09:22 AM
    When you make a call to the call center and find out some details which they don't know, they will open a service request for you. Some one apart from the call center people will reply to that service request. You will be receiving a response in mail.

    Can anyone please tell , What is a Service Request ?
    I know about infopass and the call center telephone number.





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  • amslonewolf
    04-17 07:06 PM
    I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..



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  • Libra
    01-12 03:34 PM
    please send letters and vote here.





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  • ragz4u
    03-16 03:43 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.

    Check out the following article from the OC register here http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php

    If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!

    WASHINGTON � The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.

    Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.

    No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.

    But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.

    Early this afternoon, Frist announced his intention to introduce a bill before next week�s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist�s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader�s measure.

    The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.

    For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.

    Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.

    The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.

    Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.

    Not all members of the committee agreed with these compromises.
    Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.

    And several committee members most opposed to a guest-worker program � most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.



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  • bigticket
    08-23 09:45 AM
    By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor

    I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.

    Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?





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  • siravi
    11-08 04:09 PM
    I had an infopass appointment in NY to get information on my case (specifically concerning the FP/Name check status, have received my EAD, AP). Although the officer was very courteous and seemed patient, he thought I had come there too soon for the inquiry. I got very sketchy information. He said one should wait at least 6 months after the 485 RD (mine is June 2007) before beginning inquiry (shoot me, I went a month too soon), and that it usually it takes a year (or more) after FP to get the GC, so I should not worry too much about my case for at least one more year.

    He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.

    Some pointers:

    *Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
    *The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
    *There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
    *The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.

    P.S. Received EAD card at home address and AP documents at the law firm address.



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  • looivy
    04-14 08:31 AM
    If I were an immigrant in Arizona, I will be scared. What are businesses going to do without 'em?





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  • ponvas
    10-10 12:35 AM
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  • DoggyStyle
    07-22 02:20 AM
    Thank you!!
    Sometimes paranoia gets the better of us.

    I have access to a lot of "extra" stuff, as you can tell from the blog. It has been a long and tiring fight, but someone has to do it.



    Ur blog is full of childish gossips from message boards, like 'extra', which are not useful for IVians.:(





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  • trueguy
    10-24 11:53 AM
    We should file FOIA with USCIS and ask them to release numbers for EB3 category.





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  • desi3933
    02-19 02:14 PM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site
    www.icai.org/resource_file/42prof.df.pdf

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.


    __________________
    Not a legal advice.
    US Citizen of Indian Origin

    Sheila -

    You have not responded to my post so far.

    How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.

    Have a good day!





    bailoor
    01-15 02:47 PM
    First of all, we would like to know whether your wife is pregnant or you are trying to know all the possible option for pregnancy.

    If you are trying to know the option,

    1) you can choose any individual health insurance provider(like blue cross or Aetna or State Farm etc) with maternity option. They expect to have coverage for 18 months before they accept any claims on maternity.
    2) Also, ensure that the health insurance provider is coverage in complete US. Some of them have coverage only in west coast or tri state or midwest etc. In case of IT job, we can relcoate anywhere in US.

    If pregnant, try these options.

    a) Try to change to another employer who have GROUP HEALTH INSURANCE. Group health insurance cover pre-existing condition and hence no need to worry. Take HIGH premium option so that out-of-pocket is less and your expenses are less.

    b) If you cannot change the employer, visit the reasonable cost hospitals around your neighbourhood , talk to the billing staff and ask for discounts. Usually, they give 30% discounts on the total cost. Otherwise, you can talk to the management staff(or write a letter) and get around 30-40% discount.

    c) Ensure that you always visit the hospital, doctors, ob/gyn who are covered under your insurance provide network. Though your wife is not covered under maternity, they will work with their network doctor to get the discounted rate. Once you get that rate, ask for additional discount. Surely, you will get around 20-30% discount.

    d) Based on my experience, here are the expenses cost....

    ob/gyn - around 8k (prenatal to delivery)

    pediatrician - around 1k ( from child birth to 2 month)

    delivery expenses - around 8k (normal delivery)
    - around 18 k ( c section)

    scanning expenses - around 3k( depends on the conditions - sometimes, they
    expect weekly scanning during 9th month).

    Govt provides financial aid provide the total house income is less than 25k which
    will not work for any IT professional.

    As the expenses are HIGH, join some GOOD company for atleast 2 months, get their group health insurance and then quit and come back to your original company. After you
    quit that company, you can use the COBRA option and get the maternity coverage.

    GOOD LUCK...





    bidhanc
    12-22 02:59 PM
    Hi,

    I sent my application on 29th Sept 2010 and have not heard anything yet.
    Most of the times I can't get hold of anyone and when I do they keep saying that they are not ready yet! That's very helpful!
    God forbid if I have to leave the country due to any emergency, what the heck will I do then?

    Sorry didn't want to bore you with this, but what or who did you contact at the embassy?
    I can't get hold of anyone at all?

    It would be very helpful.
    Thanks


    NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..



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