Wednesday, June 8, 2011

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  • hopefulgc
    11-05 10:24 PM
    Did your company file an EB2 labor/petition on your behalf?


    Hi

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
    What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!




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  • babu123
    05-03 03:05 PM
    EB2 Non Premium

    I 140 , Date filed: Sep 20, 2006
    Date Approved: Oct 4, 2006

    Only in 10 business days.




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  • sri_chicago
    05-14 06:24 PM
    Hello friends,
    On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.




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  • Sakthisagar
    08-06 02:14 PM
    Is it a big blow for desi consulting firms??

    US raises H-1B, L1 visa fee by $2000


    Washington: The US Senate today approved a substantial increase in application fees for H-1B and L1 visas, most sought after by Indian IT professionals to fund a $ 600 million emergency package to improve security along the porous Mexican border.

    The proposed massive increase in H-1B and L1 visa application fee would primarily affect the top Indian IT companies who rely majorly on these categories of visas to continue with their work in the US. The Senate measure increases the visa fee to $ 2,000 per application on those companies that have less than 50 percent of their employees as American citizens.

    "I prefer our source, which is from these companies which are not, as I say they are companies whose whole purpose is to bring people in on H-1B and the vast majority of them from other countries who go back to the other countries. That is a better funding source," Senator Charles Schumer from New York said in his remarks on the Senate floor.

    Schumer along with his other democratic colleagues including Senator Claire McCaskill has introduced the legislation in this regard, which was passed by unanimous consent. During the debate, however, Senator John McCain wanted to fund the security along the Mexican border with the stimulus money, which was turned down by Schumer.

    "The bottom line is this. I like the H-1B programme, and I think it does a lot of good for a lot of American companies. In fact, in the immigration proposal I made, along with Senator Reid and Senator Menendez, as well as the outline with Senator Graham, we expand H-1B in a variety of ways," Schumer argued.

    "There is a part of H-1B that is abused, and it is by companies that are not American companies or even companies that are making something. Rather, they are companies that take foreign folks, bring them here, and then they stay here for a few years, learn their expertise, and go back. We think we should increase the fees when they do that," the Senator said.

    Rejecting McCain's proposal to get the funding from the stimulus money, Schumer said: "I hope, even though I cannot accept these amendments, that maybe we could come together on something that we could bring back in September because I do believe we have to secure the border."

    Schumer said: "Even in the comprehensive proposal that we made, we said we have to secure the border and do other things as well. It is my belief that securing the border alone will not solve our immigration problems; that until we have comprehensive reform, particularly in making sure employers do not hire illegal immigrants which they now do, even though they do not know they are illegal immigrants because documents are so easily forged, that we have to do comprehensive. But we should do the border. To say we have to do comprehensive does not gainsay that we have to work on theborder and work on it quickly and soon."

    It is not clear yet, if this increase would also apply only to those firms that are also H-1B-dependent.

    All Politics, .. only senate approved this now Congress has to put on vote and pass this and The President has to Sign, then only this is a Law other wise this remains as a Proposal.



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  • Munna Bhai
    08-23 12:04 PM
    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.

    Swede is correct, you need to have all the documents...here is the classic couple of case:

    a)One person was deported as he was not able to show the document and immigration department didn't had.
    b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
    c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension

    So you are free to conclude..




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  • GC_newbee
    11-06 10:07 PM
    Any other ideas/suggestions friends?



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  • whitecollarslave
    08-14 03:15 PM
    How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.

    Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
    I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?




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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.



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  • sbmallik
    07-02 11:28 AM
    Since this is not the first H-1 you have the option to stamp the visa in Canada / Mexico. However, these consulates cannot evaluate the educational credentials unless they are from that country or USA. Please carry educational evaluations with you. Moreover your valid AP will be a handy backup.




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  • gcmadhu
    12-04 01:50 AM
    hello all,

    i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents

    Thanks,
    Praveen

    I was in the same position 2 years back at Chennai center. I got my passport back one week after I submitted the requested docs.

    Good luck.



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  • bablata2007
    11-27 04:01 PM
    Thanks for the information. Definitely helpful. I will keep an eye open for any other information on these sticky situations.




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  • Leo
    07-16 09:48 AM
    sounds great to me :)



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  • ramboom1
    04-09 03:14 PM
    The CIR has gone into Senate Judiciary Committee. In my opinion, IV has worked as professional unit and acheived a lot. The task handled by IV core team is new just as it would be for any of us. IV need not even mention about the theorist. Let IV go about its task and there are so many people supporting it and contributing to it. IF CIR does not work out, there will be other options.
    Good Luck and Best wishes.




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  • dealsnet
    11-05 10:49 AM
    Your I-485 filing without the dependants is unfortunate. This senario, you need to be in H1 all the time till your PD is current and they are eligible to apply for I-485. Means you can't work on EAD, it will cancel your H1. Always on H1, otherwisw dependents will be out of status. (BECAUSE THEY ARE NOT IN AOS- your case)


    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?



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  • traveldoc
    09-10 02:24 PM
    Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?




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  • sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).



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  • reddy77
    01-12 10:33 PM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...




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  • Lasantha
    03-24 03:17 PM
    LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:

    I am exposed now.




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  • vikramy
    11-19 07:00 PM
    Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.

    Sorry to ask this question on this thread, but i think i don't have ability to create new thread?

    Can some one help please?

    My PD is Feb 2006 and I am EB3 India




    kawosa
    08-19 01:11 PM
    I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.

    and again... congrats for passing today...
    go party and hope you have a great time :)




    rockstart
    07-30 07:21 PM
    I think EB2 is easy if you have US Masters. Since you have a 3 year degree you need to prove that it is equivalent to US BS degree



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