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  • Libra
    07-09 10:06 PM
    If she know the actual problem she wouldn't have said that, she has only half knowledge about the pain many of guys took. so its waste of time to responding to her post. ignore her.

    Ms. Smitha nobody became voilent when you said India is great, ok? so cut it off stop visiting this forum so that you'll and others get some peace of mind.

    I agree what you said but why the heck the USCIS make my life restless for 2 weeks. i spent 5000 dollors for nothing... that is what we are asking for not to go ahead of people with older priority dates





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  • rpat1968
    10-07 04:34 AM
    SOP

    You contacted CIS Ombadsman.
    What was thier response? How fast did they respond to you?
    Were they of any help?





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  • karl65
    03-26 12:24 PM
    http://smallbusiness.findlaw.com/employment-employer/employment-employer-hiring/

    Looks the FAQs questions:
    http://smallbusiness.findlaw.com/employment-employer/employment-employer-hiring/employment-employer-hiring-faq.html

    Those are some of your rights you should know when you have an interview. Find more information in your local area (DOL office)





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  • chanduv23
    01-10 04:35 PM
    Grow-Up guys and gals!!! There is no point I am right and you are wrong fight. Make this effort successful. Take a chill pill. Relax & enjoy the life.

    Who are u referring to



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  • FUNTIMES
    09-24 09:15 PM
    I am in a unique situation. I had concurrently filed I-140 and 485(EAD and AP as well) on July 2nd. I received my 485 recripts and EAD Cards but no trace of my concurrently filed 140. 140 check also is not cached. All my applications (140 and 485 were sent in the same packet). Called USCIS and received the routine answer that 140 is not in the system yet and have to wait. Any one else in the same situation





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  • trueguy
    08-21 01:23 PM
    DOS has publicly admitted that they made a mistake in the past interpretation and allowed visas to flow to EB3-ROW and EB3.

    Do yo uguys seriously expect DOS to start making the same mistake they publicy apologized for a few months back?

    We all talk about staying united.. but if EB3 folks are going to get together and start asking DOS to unfairly divert visa numbers away from EB3 (mostly to EB3-ROW... numbers will run out before EB3-Isees it), how are EB2 folks expected to just sit and watch?

    How can we stay united then?

    What would you do if your blood brother was in EB2 while you are in EB3? Would you do the same?

    Do you have any link for that apology from DOS? Any doc to support that?



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  • factoryman
    06-18 07:47 PM
    You have read and find out. When you file for AOS, you will do one set for Principal (search and read elsewhere on IV) and one set for dependent (search and read elsewhere at IV for a complete set of docs).

    So, you need to file one set of the latter. I don't know why you say add to mother's file. Is mother principal applicant or you.

    These are based on common sense and logic. Read and verify.

    If possible get (search and get AILA Handbook on AOS, I read somewhere there is one)

    sorry my bad. do we need to fill 325 and 325A or just 325, infant also needs 325? Also would you please tell me if we need to request to add the applicant to mother's file? or no need to do that.

    thanks
    kr





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  • buehler
    01-25 08:38 AM
    It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.

    Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.

    Don't think only Non-Indians treat Indians shabbily. Our enemy is within.

    If I happened to see that lady once again in Chennai -------

    I am not sure why you're so ticked off about this. If you do not have a proper visa, the airlines that took you there will have to be bring you back free of cost. Many an airline have been burnt by this and hence they insist on seeing your visa.



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  • sugaur
    09-12 07:59 AM
    My priority date is current since september 2010.
    My H1B transfer application is with USCIS since Aug 27th, 2010. The date for transfer requested is Novemebr 1st, 2010.
    My I 485 was filed in Aug 2008. I have been working with the current sponsoring employer since 2005, no breaks.
    I am expecting an RFE for my I 485. Anyone who was in similar situation share what kind of RFE is likely to be issued? I already have a job letter from the new employer essentially stating same kind of work duties.
    Thanks.

    PS: Also, how do you start a new thread on IV?





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  • helpful_leo
    01-02 12:10 PM
    Hey guys

    I was a mostly passive observer during the S 1932 battle, and really admire all of your perseverance. I think all of you did very well with the limited time and zero funds that you had. A little bit about myself: I am a physician from India currently doing medical research here. I am currently busy interviewing for the medical residency Match 2006 (for those of you who know or care) and therefore will not be able to spend as much time here as I would like. I myself am not a GC applicant yet but am extremely interested in the cause you guys are taking up and want to see this thing being worked through. I believe our demands are just and fair, and perfectly in line with the American tradition of fairness. Our demands are just waiting to be intelligently articulated and brought to wider public attention, and will resonate well with all lawmakers irrespective of ideology. We will have to be careful about distinguishing our requirements from competing and confusing interests like illegal aliens, security issues and even H1B visa seekers.

    No American, from the most socially conservative Republican to the scared-about-job-loss Democrat will grudge a legal immigrant -who has played by all the rules all the time and pays all taxes- to reduce his immigration wait period from 7 years to 2 years! We have to play on this sense of American fairness (which exists btw to those who are skeptical) and spread the news about our legit demands (and indeed our existence) to the wider American audience. We have to carry this issue from the arena of policy debate to the personal - tell Americans how it feels like for spouses to waste their time and hope, to not be able to buy a home or plan any kind of life beyond the wait period for the green card. We have to tell them that we are not just potentially controversial legislation, but real people, with dreams, hopes, fears and sensitivities- just like them. After all, we are a significant number among their physicians and software engineers, scientists and nurses, professors and graduate students.

    But we should present these facts well to our audience, and not let communication glitches convert a no-brainer into a close contest. We should not let bad English or an unprofessional approach towards lawmakers/ media feed into stereotypes of “cheap labor” class peddled by the anti-immigrant groups. We have to be savvy and creative about our PR. We have to collect funds and organize the enormous mass of people affected by this issue. Among other things, we have to be politically sensitive and not pass judgments on illegal aliens or protectionist Democrats or anti-immigrant groups in our dialogue amongst ourselves or with others.

    I am aware all of this is tall order, but if we can manage this, I think America will give us what we ask for inside of 6 months. I will contribute as much as I can, as will be allowed by my current pressured situation ; ) Like many others here, I can put forth ideas and suggestions. I think I am politically aware and because I (used to) closely follow the general political media, I will probably be able to provide the American perspective on things, which again many others here regularly do.

    Thanks for your time and may 2006 have the very best for us!



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  • hope_4_best
    05-26 07:27 PM
    Thanks reno_john





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  • Guest007
    06-29 06:38 PM
    My stupid big law firm delayed filing until monday this week. With all this hoopla.. Any ideas or rumors floating around about ppl who did not get reciept yet.



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  • nisha23
    01-15 01:45 AM
    Hi,
    I also interviewed in Mumbai on Jan 4 for an F1->H1-B status change. I was told to wait for an email from the consulate and have not heard anything as of today (Jan.15). Is there anyone who has heard from the consulate and interviewed around that time? Also, could someone please tell me what this kentucky number is which you can call?

    Thanks
    Nisha.





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  • gbof
    10-06 09:10 PM
    guys,
    I replied to the PMs abd as req I sent the letter sample that I sent to Janet N. Kewlchap and fatjoe I didn't get ur email ids......

    You can get my letter from caliguy or gbof I sent them my letter too.YES I DID APPROACH CIS OMBUDSMan

    Regards,

    SoP

    SoP, i got NO mail from you-- just check if you got my e-mail right



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  • Saralayar
    04-22 04:50 PM
    In response to Saralayar's idea, I strongly believe it is a great idea but I have some details I don't understand. Would Saralayar tell me more about that????????

    From the quote "Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years."

    From the above quote in Saralayar's previous message, I wonder

    1) whether citizenship is granted to people who have met all 5 conditions or any 2-3
    conditions out of 5???????

    2) I do believe the last 2 conditions can be met by most of the foreign students but for
    #3) condition "if they have paid the tax continously for 10 years", I wonder how can this
    happen unless the foreign student who has worked in US for 10 years. I heard H-1b
    workers maximum have 6 years plus 1 year extra for extension total add up to 7 years.
    So how can have 10 years tax paid????

    3) For #1) condition," If they are legally here for 10 years (With approved I-140 and
    waiting for Adjustment of Status without current date)",
    I wonder whether only students with years of US working experience (which means
    years in full time study plus years of working experience) up to 10 years is counted
    towards this legal stay for 10 years.
    So how about students who have years of working experience (which means years in full time study plus years of working experience up
    to 10 years but
    without GC waiting due to lack of employers' file for GC sponsorship due to some
    unknown reasons??????
    or some foreign students who have stayed in US for 10 years for full time study such
    as 4-yr bachelor degree plus 6-yr Ph.D or two Master degree (MS & MBA) or other
    degree combinations but they have both social security card and drivers' license as US
    ID but without employers' sponsorship due to certain reasons?????

    Would you please tell me more details about your idea????? Thanks a lot for your attention and help!!

    Look around you will see.... not everybody is the same.
    I personally know many who had been "working in H1B" for more than 14 years.
    Not everybody gives more weightage for their "immigration plan" than some personal and career interests. If you are really truthful to USCIS about your intentions, and you keep doing what you want to do with your career and life, it is in-fact very possible that you will be found without a GC even after 10 years working in USA, if your are from India.

    An approved I-140 doesnt make you "automatically" qualified for an I-485. You dont file 485, if you dont "intent" to continue with that specific employment, even after I-140 approval.

    7Years???? No..... you can extend your H1 beyond 6 years as many times as you want if you meet some conditions as per AC21. So it is possible for you to be in H1B for 100 years.

    10years tax payed???? Yes because of the other reasons I mentioned. Also I know many who are still in que after 14 years paying taxes.
    abcabcla,
    Morchu is correct. We are just putting the period as a decade (10 years), which is pretty decent part of the human life.





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  • anotherone
    01-29 06:41 PM
    your ad shows a company that has advertised for no EAD, GC h1b etc., which is legal, AFAIK.

    It is not a small difference, but not interviewing someone based on whatever is probably their prerogative (even this may have certain limitations like -you cannot say "no women" et6c.,), visa status is not considered a protected class... again AFAIK. They probably cannot say no GC, but CAN say only citizens because of some clearance required etc.,

    This is different from getting someone through the interview loop, making an offer and THEN saying sorry we ont hire you now because of EAD. That is BS. As for saying no to H1B, we have all been there, a company that does not want to sponsor cannot be MADE to do it.

    I was asking for a list of companies that have refused to work with EADs and have been cited for it or fined etc.,



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  • sc3
    08-20 02:00 PM
    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.




    "

    That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.

    Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.

    Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.

    I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.





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  • dhirajs98
    06-21 08:42 AM
    I have two labors

    PERM EB2

    Labor: Certified
    PD: Dec 06
    I-140: Filed in Premium Processing on May last week
    RFE Received: June 1st
    RFE Response Sent: June 6th
    Status: No updates from USCIS

    I-485: I can file based on the pending I-140

    ========
    RIR EB3
    PD: Jan 2004
    Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.

    ==========

    Question:

    1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?

    2. Does PD matters once I-485 is filed?

    3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?





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  • pmpforgc
    01-07 11:46 PM
    I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.

    I see increasing support for the Idea as GC journey become longer and longer.

    Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD

    (1) I-140 and I-485 must be approved.

    (@) Time should be considered only after getting GC

    (3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS

    So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.

    The above requirements can get closer to Marriage and family based and also help 90% of IV members.

    Adding the clause for the EDUCATIONAL THING might be able to get more political support also

    Thanks





    tampacoolie
    06-29 08:50 PM
    Well said. Lets forget this USCIS and DOS nonsense and focus on our daily lives and some vodka !!!. Cheers





    pd_recapturing
    11-07 12:22 PM
    Guys, we have already seen the Dec visa bulletin and there is absolutely no change in processing dates so its even more important to fix the AC21 issue ASAP. With this huge delay in 485 approval, more and more people will force to get into AC21 and will see more denials.
    So please please, send letters.



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