Wednesday, June 8, 2011

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  • texanmom
    08-27 04:58 PM
    This being your very first post, I presume you have logged in just to get an answer to your 'very important' question. I empathize with your situation, and hope you find the answers that you are seeking.

    This organization needs more active participants to lobby for sweeping reforms instead of individuals that are focused on their personal issues. Pitch in and help us out!




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  • kiwi
    11-07 10:18 AM
    Hello you all,

    I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.

    I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?

    Can someone give me some infomation on this or where I could find it?
    Thanks.
    K.




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  • CaliHoneB
    09-21 10:50 AM
    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.




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  • amoschid
    07-18 04:47 PM
    Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????

    heh..heh.. i guess you're wrong :cool:

    my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
    just wanna know about this whole green card cap thing

    so i can prepare myself mentally how long i have to wait for GC :o



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  • KKtexas
    07-28 11:32 AM
    Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?




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  • bobzibub
    12-15 06:02 PM
    Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...

    AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
    I've asked the ombudsman on this issue. Never got a response.

    IMHO:
    I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?



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  • desih1b
    04-06 10:01 AM
    Sorry to hear about your dad's health.

    As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.

    If you applied for 485 and have AP, please keep it with you in case of need.

    thanks




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  • chanduv23
    02-27 06:45 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    Interesting question. People generally leave their sponsering employer when they invoke ac21 before they get a GC, which looks fine and when they get the GC they stick to their new employer atleast for 6 months to show that the GC intent was for continuing employment.

    It will be interesting to know if you can jump to another employer even after getting GC (something like AC21) showing intent to continuing employment.

    This whole 180 day thing seems absolute ie 180 days after applying 485 and 180 days after getting GC.

    I have no answer but lets see if someone can answer this. You may also want to post it on the "Free Immigration Advice Conf Call" we have one on March 1st, 2008 and get an answer from the Attorney.

    On another note, is it just not possible to wait for few more onths before u make your giant leap?



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  • eyeopeners05@yahoo.com
    04-30 01:19 PM
    July 2nd 2007 485 filer. EB3 - July 2003 PD
    Received EAD and AP in September 2007.
    H1 of current employer valid till 2010
    Married in November 2007 and wife in USA in Dec 2007 on H4 .
    180 days after 485 filing completed in Dec 2007.

    I heard that I cannot use my EAD now to switch jobs as my wife will be out of status since she is not on my green card file yet(dates have to be current to add her).

    Now, I have a new job offer. Can I use AC 21 and have the new employer file a new h1 and h4 and do a job change ?

    Can anyone let me know if I will have any problems either with my green card or with my wife's status in the USA after the change filing a new h1 and h4?




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  • qplearn
    09-10 10:31 AM
    Bravo!

    That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!

    Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.

    Keep up the good work!

    qplearn



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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!




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  • WaldenPond
    12-30 02:02 PM
    For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.

    Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.

    Thanks,
    WaldenPond



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  • Lasantha
    01-25 09:21 PM
    You can create a new account with a new email address and then use that to point to the same case numbers. This would be the best approach if you don't have the contact numbers.




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  • manderson
    04-30 12:11 PM
    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    http://immigrationvoice.org/forum/showthread.php?t=3900&page=49



    :confused:
    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.


    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)



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  • SGP
    12-11 04:03 PM
    My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.

    Thanks in advance.

    Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
    Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
    I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.




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  • eb3_nepa
    07-18 10:28 AM
    ^^



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  • STAmisha
    07-09 05:52 PM
    My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

    Regd experience, I dont know if USCIS calls an employer.




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  • narendra_modi
    03-04 03:45 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra




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  • ajkastar
    07-27 01:35 PM
    Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.




    GCNeophyte
    09-04 10:45 PM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    I know one case who is very similar to your scenario. during POE they had to hear 5 mins of lecture from officer (rules of GC, like you need to stay here in US or other wise you would loose your GC blah blah blah) other than that they didn't face any issues entering with New GC. do your home work and good luck.




    wandmaker
    11-27 08:06 AM
    ultimate_champ: If your receipt notice's "receipt date" has August 03, 2007 then you can avail AC21 after 180 days from that date. I guess, your attorney is trying to play it safe or playing with you.



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