Saturday, June 18, 2011

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  • voldemar
    03-07 12:52 PM
    I guess that leaves only two options. Either leave US or file for his/her own Green Card application. Too bad.
    First could be F1, or H1 then GC journey.





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  • GCAmigo
    02-05 01:50 PM
    The response doesn't address retrogression.. the focus is purely on illegal immigrants..





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  • lord_labaku
    01-11 12:15 AM
    I have been there. done that. As soon as ported labor applicant using AC21 moves on & finally gets his GC, his labor cannot be ported anymore; even though you filed to use his labor before he obtained his/her GC.

    Mind you, I used labor substitute not from a shady consulting company but from a reputed nasdaq listed company & had top lawyers appealing and proving my case. No use.

    I think AC21 & labor substitution fundamentally had these issues where they could not co-exist. Since labor substitution was prone to abuse anyway. It was done away with. Good riddance to bad rubbish I say. Just I had to spend 3 years in limbo. What can I say - only solace is that there are others who are worse of than me.

    Move on. Theres no point appealing this denial of I140.





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  • jayleno
    09-19 11:49 AM
    Buddy let me know ASAP if its really going to make a difference, I will try to speed up the process.:D

    We would like to know the count of GC waiting applicants with US citizen children.



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  • go_guy123
    03-08 10:57 AM
    I'm pretty upset too after getting the same nasty surprise. Fortunately I only have about 100 miles to move to return home. I'm surprised that a major corporation like the one that hired me would be so sleazy.

    They say that they will start green card process.
    They cant and they dont promise how long it will take.
    So its your job to do the homework. Even now i come across
    people accepting job offers with lesser pay because they promised
    green card processing (and have no clue about the backlog). I tried to explain him and he didnt seem to take it seriously. I guess he will (and thats
    the way most do) learn it the hard way





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  • va_217
    10-09 03:53 PM
    This month end my I-94 will be expiring and 2 months back I have changed my passport to a new one as it was expiring. I have renewed my H1 recently(15 days back) with the H1 extension I received new I-94, would that be sufficient or I have to go out and come in again for a new one



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  • svn
    06-25 12:20 PM
    All,
    Please use this opportunity to contact Congressmen and White House - it's extremely easy and simple to do so! All you have to do is fill in your address and send a message which will automatically be faxed to each of the targeted Congressmen as well as the White House. I just spent the following message - feel free to use this as a template:


    Subject: "What is the RoadMap for reforming Legal Immigration Process?"
    Message: "I am writing today to express deep concern about the legal immigration process! Are you aware that there are over a million legal and highly skilled applicants,who have been working in this country legally and paying taxes, but are waiting in line for an Employment based Green Card, some for over 8 years? A majority of these Legal Immigrants have been impacted by horribly slow administrative processing by the Deparment of Labor between 2002-2006 which resulted in the pipeline for Legal Immigration becoming clogged at that time. Now that obstacle has been finally been cleared, the line of Legal Immigrants is coming up against annual limits to Legal Immigration (both overall and country based) followed by the USCIS. This is directly a result of the Deparment of Labor dragging its heels and holding up applications during over the years mentioned above, resulting in several hundreds of thousands of visa numbers going unused during that time. I request you to act now to relieve the pain and suffering of these Legal Immigrants by recapturing those unused Visa Numbers and allowing these Legal Immigrants to progress through the Immigration System.

    This reform will strengthen the rights of all workers, value families, hold employers accountable, and move America forward. During the election, President Obama pledged to reform our nation's immigration laws in just this way. I am writing today because I want to see the plan to get this done.

    Please let me know what the road map looks like to passing immigration reform. Our families, our communities, and our economy cannot wait any longer for this urgent reform.

    Sincerely,"

    LINK: http://americasvoiceonline.org/page/speakout/Roadmap

    Just click on green "Participate" button to begin!


    I cannot stress how important it is to send them these faxes so as to drive focus on the plight of Legal Immigrants!





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  • jungalee43
    02-26 08:32 PM
    I think if Indian external affairs ministry understands that highly skilled Indian born citizens have to wait for 16 to 50 years where as even less skilled candidate gets away with green card in 6 months just because he was NOT born in India; they would at least protest in soft words.



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  • ntpatil
    11-11 01:19 AM
    Hi there

    Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.

    Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.

    A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
    Thanks again Chaanakya,

    I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.





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  • dvb123
    12-03 07:48 AM
    10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations

    When the permanent labor certification system used DOT system, there were a number of IT occupations that fell under SVP 8. When the DOL changed the permanent labor certification system, it abandoned DOT system which focused on SVP concept. Since then OFLC has been using O*Net Job Zone concept and applied Job Zone 4 as equivalent to SVP 7 that can require from two years to maximum four years of preparation time (education, training, and experience). The Job Zone 5 is practically equivalent to SVP 8 that can require from four years to 10 years of preparation time (education, training, and experience). During the DOT era which ended on March 27, 2005, some IT occupations fell under SVP 7 and some IT occupations fell under SVP 8. Accordingly, EB-2 labor certifications for IT occupations were filed and approved when the occupations fell under SVP 8. Software Engineer, DBA, Science/Engineering Application Programmer, etc. illustrate these IT occupations.
    When the O*Net Job Zones replaced the DOT, the system downgraded all the IT occupations into Job Zone 4 except Computer Information and System Manager occupation (IT Manager) which remained at Job Zone 5. Since all the IT occupations other than IT manager belonged to the Job Zone 4, had the DOL strictly adhered to Job Zone system as they interpreted, any applications for IT occupations that required more than a bachelor's degree plus two years of experience should have faced a business necessity challenge and denials in most of such applications. However, from March 28, 2005 until June 2007, the DOL de facto adhered to their previous practice under the DOT system and most of the EB-2 IT occupations such as Software Engineer, DBA, etc., which belonged to SVP 8 under DOT system, have been approved without much challenge.
    The landscape changed beginning from July 2007 when they started focusing on the integrity of labor certification system. The agency started challenging such EB-2 requirement even for the SVP 8 IT occupations under DOT if it belonged to the Job Zone 4. The challenge took a form of "audit." Such EB-2 requirements have faced a massive challenge and audits. However, the former SVP 8 IT cases have been approved after the audits in a large number of cases. This practice is expected to change once the new form ETA 9089 PERM application program is launched next year since the new form will automatically consider such EB-2 requirement for IT occupations as the business necessity cases for exceeding the Job Zone 4 requirement. Initinally, DOL was scheduled to launch the new ETA 9089 form beginning from January 1, 2009, but luckily they pushed off the starting date to late Spring of 2009. That was a good news.
    Bad news is a further change in O*Net Job Zone for IT manager occupations. They just changed the O*Net data into version 13.0 which down graded IT manager job zone from 5 to 4! The last vestige of Job Zone 5 in IT occupations has been cruelly crushed to death. Since EB-2 occupation must require either a master's degree or Bachelor's degree plus five years of progressive experience, now all the IT occupations exceed the Job Zone 4 allowed preparation time. We will have to wait and see how this change in Job Zone for IT manager occupation will be managed in actual adjudication of PERM applications hereon, but it is certainly not a positive news.
    The recent downgrading of professional occupations from Job Zone 5 to Job 4 does not end with the IT occupations. There are a number of professional occupations that have been downgraded practically to nonprofessional occupations in some cases. Company General Manager is downgraded to Job Zone 3!! Employers who start PERM recruitment should review the attached Job Zone changes and seek legal advice. Believe me, there are a lot of surprises.



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  • sam_hoosier
    05-12 01:48 PM
    below is data of pd from last four years for eb2-i - only for jun, jul & aug.
    Except july fiasco , i don't see dates ever moving forward in july vb; but they do move in august vb.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in july but in august?

    Jun 06 : 01jan03 | july 06 : 01jan03 | august 06 : U ---> no change in july. Aug backward
    jun 07 : 01apr04 | july 07 : C | august 07 : U ---> july fiasco
    jun 08 : 01apr04 | july 08 : 01apr04 | august 08 : 01jun06 ---> no change in july. Aug forward
    jun 09 : 01jan00 | july 09 : 01jan00 | august 09 : 01oct03 ---> no change in july. Aug forward
    jun 10 : 01feb05 | july 10 : ?????? | august 10 : ???? ---> do your really expect forward movement in july?

    dil ke khush rakhne ko ghalib yeh khayaal accha hai ;)





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  • looivy
    07-14 05:54 PM
    Excellent sanju...CNN is FOX News in a closet. There is no independent media left anymore.

    Larry King pushed Michael Moore schedule to cover Paris Hilton interview. That shows their committment to quality news.

    I will do the same.

    A few days I called Comcast to disconnect CNN and CNN headlines from my cable. The Comcast representative was surprised as to why I want to cut CNN. She transferred me to her supervisor. The supervisor noted down my complaint and said that he will get back to me in 3 business days. Next day I got a call from Comcast that they will block CNN entirely from my cable. I thanked them as I will not have bigotry coming into my house anymore.



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  • eastindia
    04-19 01:19 PM
    I understand that your intention is to get heard. I appreciate your effort at writing letter. However writing to the president will not help us much. Here is why:
    In the USA, infact for that matter in most democracies, Laws are made by elected representatives unless it is an executive order to grant an immediate relief.

    The composition and powers of the House and the Senate are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country, although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two-thirds majority in each chamber). The total number of voting representatives is fixed by law at no more than 435.[1] (United States congressional apportionment - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_States_congressional_apportionment))

    So, In our case, the president at the most can sympathise with our cause and the hardships we face because of the limbo, But he cannot really help until there is a bill that passes both the house and the senate.

    So, Can I suggest that it will be even more worthwhile if you contact your congressman/woman and go meet them. We need them to understand our plight and anguish.

    We all need to go meet our lawmakers, educate them.

    They already are educated. Do you think they do not know about us?
    They fully know about us. But they will not help us because we are not voters and cannot contribute.
    A better idea is to have our employers contact them. People working in large companies can do this. I am surprised why the big companies have not taken up this issue for us. Why cannot we have big companies issues statements in our favor?





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  • Pegasus503
    02-11 06:28 PM
    When will Jan 2007 become current?

    ROW?
    China?
    Mexico?
    Philippines?
    India?

    EB1 is current for all
    EB2 is current except for China (1 Jan 03) but India is unavailable.
    EB3 varies bewteen Apr 01 and Nov 02 depending on the area


    roll on 1st March for new dates to be effective.



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  • micofrost
    08-30 12:34 AM
    Same here...We received same FP fees rejected notice but checks are cashed. Our lawyer mailed the proof of cashed checks for 325 + 70. But to our surprise even before that we received appointment for FP.

    I think this is common error on USCIS system. Most probably they will send you FP appointment notice. So relax..

    I talked to my lawyer and they said the checks has been encashed. I talked to an IO, and he said that they did receive the $70. But I asked them why the status saying FP fee rejected. TO that he replied I dont see that. But since we have mailed you a notice, you go acheck the contect of the notice after you receive it.
    But my lawyer send an info from AILA, which says that the USCIS is erroneously rejecting the cases inspite of sending the correct fees.
    I dont know what to do ?





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  • admin
    02-28 10:25 PM
    This is great I guess the decision to hire a strategic counsel is clearly proving to be right..

    laborlabor,

    Yes without a strategic counsel, do you think we would be able to walk into White House and get the lay of the land with respect to immigration.

    How we're able to continue this relationship is really upto all you members. It is really up to you to contribute monetarily and also by getting your friends involved in this.



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  • shirish
    09-28 12:18 PM
    ANy one sent to NSC after 23rd July got RN/EAD/AP anything , from CSC?
    Basicallly trying to see if CSC moved beyond 23rd July?





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  • learning01
    05-26 07:35 AM
    "This is truly landmark legislation produced by a big-league team," said Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee that wrote the legislation.

    "The next step is going to be the conference (with the House) and I believe we can do it," Specter said. "We're going to work as hard to get a bill to the president's desk as we did to get a bill passed today. And I predict success."

    LINK (http://www.mercurynews.com/mld/mercurynews/news/politics/14669011.htm)





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  • saikrishn2000
    01-26 09:39 AM
    I see an update on jan 24 on this bill to grant 55000 visas for advance degree holders from DV lottery. Does this mean progress? Rest of the immigration bills never make it to the sub committee.

    Jan 5th Referred to the House Committee on the Judiciary.
    Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement





    taraa
    11-23 01:37 AM
    This signature waived is normal because of something having to do with when they scan the card, and if your signature is there, then it could cross the line where the machine scans your card. So I have heard from others online in these posts this is valid since August 1 FOR EVERYONE and your picture is there, so this is not an issue. What I am wondering about is why is this EAD only valid for one year when first it was valid for two years, why have they changed this? And if your i-485 green card case is pending, and you have gotten your i-765 EAD in your hand do they approve your i-485 green card fast? SOMEONE PLEASE RESPOND





    chanduv23
    11-19 11:36 AM
    I must say Ron Rocks! See his post on his forums thread....

    http://immigration-information.com/forums/showpost.php?p=24864&postcount=8

    Hope this will help you to understand this issue further.

    Hmmm - unless the IO has details about the new employer - how can the IO judge if the new employer is a profit or no profit or big or small.

    AC21 means - only same or similar job, I don't think employer will make a difference, though wage maybe a big factor