Tuesday, August 2, 2011

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  • bhasky25
    10-11 01:39 PM
    I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.

    My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).





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  • anishNewbie
    09-10 06:07 PM
    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

    Wow.. this is worrying factor...:( :confused: :(

    I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...





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  • mali03
    05-25 08:04 AM
    called LINDSAY GRAHAM'S office!





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  • prem_goel
    11-25 01:27 PM
    Dipika,
    Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )



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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.





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  • spicy_guy
    03-31 06:18 PM
    congrats! Enjoy your Freedom with Green :-)
    A LONG way to go for us. Maybe a decade. For EB3



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  • Ramkumar
    04-20 04:34 PM
    Just I want to share I got my H1B approval another 2 years. As per my current company B's policy they only apply two years extention.

    Thanks a lot
    Ramkumar





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  • ragz4u
    02-19 08:12 PM
    I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.

    I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.

    These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.

    This is what we are planning to do in the next few days:



    Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas



    Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.



    Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.



    Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.



    Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.



    One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.

    Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.

    That is all from me for now. We plan to take action and meet again soon.

    Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.

    Thanks Everybody for your support and time.

    It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.

    Hopefully other teams will take a cue from this and get together for achieving our target.



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  • cox
    June 18th, 2005, 08:34 AM
    I got brief but glorious light this morning. My skill was not up to the light, but I tried to make the most of it. Let me know what I did right or could have done better. Thanks!

    http://www.dphoto.us/forumphotos/data/931/medium/Sunrise_BNP_sm_C_061805.jpg (javascript:;)

    http://www.dphoto.us/forumphotos/data/931/medium/Rainbow_BNP_rsm_C_061805.JPG (javascript:;)

    http://www.dphoto.us/forumphotos/data/887/medium/Killdeer_BNP_sm_C_061805.jpg (javascript:;)

    http://www.dphoto.us/forumphotos/data/887/medium/Avocet_BNP_sm_C_061805.jpg (javascript:;)

    http://www.dphoto.us/forumphotos/data/887/medium/Stilt_Black-Necked_BNP_rsm_C_061805.jpg (javascript:;)





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  • immi2006
    05-04 10:00 AM
    Based on Perm Trackers in immigration.com, the rate of approvals for EB2 based on the excel sheets seems like this :

    2005 - EB2 approval less than 30 % of the filing, 39 % is pending for a looooog time, rest are rejects
    2006 - EB2 so far - 41 % of the filing is approved,

    2005 EB3 Approval rate 44 %

    BEC to Conversion to PERM Processs - Rejection rate 78 %



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  • vxg
    10-15 11:25 AM
    Thanks. Can someone get me USCIS contact number to get the status on receipts.....

    dial 1-800-375-5283
    use option 1-2-2-6-2-2-1

    BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.





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  • nhfirefighter13
    July 15th, 2004, 08:24 PM
    Excellent work! You need to start sending copies of those out to publications to see what kind of response you get...or possibly some stock photo companies. :)



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  • BEC_fog
    05-25 10:41 PM
    Would it be a good idea to create and send webfax to QGA and the Senators & their staff?

    All the members, keep the contributions coming...we have a huge task ahead to get it through the House.





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  • rustamehind
    08-03 05:06 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.



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  • vegasbaby
    02-19 07:06 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,

    I am also in the same boat as you. To ans your questions -

    1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

    2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

    3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.





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  • dilipb
    04-21 06:57 PM
    It appears that everyones experience is going to be different.
    Lets see what happens in Pittsburgh PA for my friend.



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  • ski_dude12
    09-26 12:56 PM
    Please update profile before someone can help.





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  • dingudi
    03-07 09:42 AM
    Visa stamping interview --> Feb 8th
    Was asked to submit technical questionnaire and other documents as per 221g which I did
    Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

    After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
    The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
    When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

    Now my question is:
    ---------------------------------------
    I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
    Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
    I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.

    What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.





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  • kiran_k02
    12-05 05:20 PM
    I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?


    Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.

    I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.

    I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.

    My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.

    Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.





    fromnaija
    03-18 04:17 PM
    So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.

    Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.





    whitecollarslave
    04-17 04:51 PM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    I would suggest getting something in writing and filing a complaint with DOL.

    I think Lou Dobbs will be happy to report H-1B abuse :)
    If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)



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