Wednesday, June 15, 2011

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  • insbaby
    06-12 10:18 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

    It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.

    As you have agreed that two US Citizens are available, you must give them the oppertunity.

    If not, not only you are but your company is also in trouble.




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  • coopheal
    12-06 11:03 PM
    bump




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  • sankap
    08-13 10:39 AM
    Can you share how you can check your status online after you've filed I-485? Who would send you the URL --your immi lawyer or the USCIS? Also, my lawyers filed said they filed my 485, AP, EAD the same day. Is that possible?




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  • vallabhu
    01-02 12:37 PM
    I am from ATL

    I don't know what is excellent documentation

    we sent the syllabubs signed by registrar of Osmania
    eduction evaluation done by a prof from GA sate university
    and my transcripts.

    next time i will add a recommendation letter from employer.

    deos any know how long it is taking to process such appeals.



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  • luckylavs
    05-14 04:16 PM
    Is there any URL for reference? If so please provide it.

    till Sept 2007. This is as read on another board.




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  • frostrated
    06-25 01:17 PM
    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this

    1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
    2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.

    any thoughts anyone?



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  • arsh007
    01-31 08:52 AM
    I agree. UnitedNations has been tirelessly providing inputs to a lot of GC cases especially the 3 year degree issues on http://www.immigration.com. His vast knowledge in these areas can surely serve as a valuable knowledge base for potential and current GC applicants. I have been following his posts on http://www.immigratio.com for around 2 years now and his inputs has benefited me in take proactive measures for my employment based GC appliction. Hope we can continue giving his valuable advice on this forum too.




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  • franklin
    02-09 01:01 AM
    emailed the reporter to thank him of his support and give him more info on IV and their efforts and details on the IV agenda.

    I also emailed moveon.org, and asked for their help



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  • roseball
    04-07 09:00 PM
    Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.

    In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.




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  • DDash
    11-10 03:51 PM
    http://immigrationvoice.org/forum/showthread.php?t=3779

    WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.

    While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!



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  • sanju
    11-20 11:09 AM
    Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.

    http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html

    This is a significant development and one is likely to affects us all.






    .




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  • Curious_Techie
    09-30 10:54 AM
    Yes NSC with WAC receipt.
    EB2-I PD Aug 2005.
    I did applied for EAD & AP renewal in mid August.
    Still on H1B. 2010 validity



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  • eb3retro
    03-30 04:25 PM
    did 5 trips in the past 2 years (few of them official) using AP. Changed jobs twice in EAD not filed ac21. As long as you have valid AP, you are good to go to enter. make sure you remain calm and answer any questions in POE. You will be fine.




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  • ivgclive
    04-21 01:31 PM
    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?

    This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.

    Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".



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  • anu_t
    06-17 05:27 PM
    There are some people who would be Happy , worry free even if their Dates are not current. Even they are patiently waiting for their turn since 2003.
    And then I see this kind of questions. Makes me just frustrated. :mad:




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  • jthomas
    04-08 10:25 PM
    I got my H receipt within a week i.e. last week. I would recommend you to start working with the new employer for 2 weeks and gather two pay checks and then go for a vacation.

    Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!



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  • mps
    09-27 05:56 PM
    this topic is interesting....i do buy/sell stocks usin zecco / BoA etc...which are sites where i can do day trade..im interested to venture into it...

    suggestions??

    If you are trying to trade based on last tick (as most of the day traders do) then online brokerage us useless for you ..consider direct access trading services ..Goodluck !

    (Don't trade with money you need for housing, food, & clothing)




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  • logiclife
    02-23 11:28 AM
    Hi,

    Thanks for all the questions.

    I will answer as much as possible without causing any damage to ongoing efforts. Please keep
    in mind that not everything can be disclosed on public forums.

    1. Funds:

    We have about 30,000 collected so far. Major expense of running this organization is the fees for our lobbying firm QGA. Minor expenses include administrative costs such as website registration(one time), Organization registration in New Jersey(one time) etc. Other than that, we also have some advertising expenses as we put up ads on some popular websites. Sometimes we have to hire lawyers for certain org activities but those are minor expenses again. We are also paying for the webfax feature but not sure how much. Please dont suggest the free versions of webfax because they dont work and they DID NOT WORK during S 1932.

    Please keep in mind that we are avoiding expenses as much as we can that results from members travelling to DC and so far all those expenses have been out of pocket.

    QGA is currently working for us right now and we do not have to wait until we have 200K in the bank for QGA to start working.

    The board members of IV(Board of directors) would decide if all the financial information could be made public to members on website for accountability reasons and transparency reasons without damaging anything else.

    2. Labor backlogs:

    Labor backlog problem is an administrative problem, not a legislative problem. There is nothing that is stopping the BECs from doing their job more efficiently as there is no quota restriction mandated by law on labors approved each year. That is the reason it is under "Administrative Goals". Would any law help improve labor backlogs? No. can we still involve congress in it? Yes. It is the intention of IV to draw the attention of lawmakers to the horrible job BECs have done so far as it is the constitutional right and privilege of congress to overlook and oversee the job of the executive.

    However, if a backlog victims asks: How much of money/effort is going towards backlog and how much is going towards retrogression? I dont think anyone can answer that question. To be frank with you, this is not like cable TV where you pay $35 for basic cable and then you pay $7 for HBO and $7 more for cinemax etc. IF you think you do not want to contribute money no matter what...here is another choice: Use the resources tab to contact your local congressmen, write letters, send webfaxes etc. Use endorsement of Richard Florida. Prepare a glossy set of documents and drive to your local congressman's office(after appointment ofcourse) and talk to their staff. YOU HAVE THE POWER. ITS IN YOUR HANDS. Immigration voice is not a company providing a service to EB immigrants, its made up of EB immigrants who are serving themselves. See the "TEAM IV" menu on homepage.

    [B]3. Sharp drop in contributions:

    Yes, there has been a drop in contributions since one week. Part of the reason is that we have 30K which many members may feel is still in the bank. But please understand that we are using those funds and we will run out of them eventually and we would like to keep this effort ongoing until we meet our goals. Quite frankly if the current slowness of funds continue, we cannot last very long.

    4. Contacting the lawmakers on your own:

    Use all the links under resources tab to learn how to meet your lawmakers. Like I've said before, you owe it to yourself, not to immigration voice to work on this cause. Best case scenario of doing something: We make a difference. Worst case scenario: Nothing happens besides a polite reply from lawmakers' staff.




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  • thepaew
    02-07 11:43 AM
    I am not in the IT field - and my data set is limited.

    But based on conversations with some friends from my BTech batch, the range seems to be 22 Lakhs to 40 Lakhs per year. I went India to look in to salary costs on behalf of a VC firm last year and found most good programmers would cost more than Rs. 2Lakh per month. The survey was done in Bangalore.

    Of course, these were individuals who could hit the ground running.

    Hello Friends,

    Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for a IT guys? What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US. I have no clue, no rough idea, so I thought may be I should ask you guys.

    Regards,




    MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




    DesiGuy
    08-18 08:11 AM
    in general, i agree with what akkarkarla says.

    my personal view, i have NOT seen any type of discrimination. not saying it does not exist but just saying that i have not experienced it firsthand or seen anyone else being discriminated against.

    also, london itself is lot more cosmopolitan than any other city i have seen (and i have see quite a few).

    again, anyone thinking of moving should go to the site i mentioned and read throught he topics; there's one on life after HSMP.

    Many of the guys who come the guys who come from less (or under) developed countries find it difficult to find a good job, but ppl with US experience who are exposed to the Western way of work (& life) should have an advantage and should not have much problems.

    cheers

    One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.

    Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.

    Thirdly, there is difference in the way the Operations are done, Process and procedures followed.

    As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.

    Einen sch�nen Tag noch!



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