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  • chanduv23
    08-04 09:38 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.

    Thats is called 'Gandhigiri' my friend





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  • helpfriends
    04-17 09:07 AM
    They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!





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  • WillIBLucky
    05-30 02:44 PM
    I agree this crappy bill better not pass and is worse than retrogression. It is screwing everyone at the cost of giving amnesty to illegals. It is such a joke I would have never imagined that they would have the balls to do this, but I guess they are all politicians!!!
    It would take 10 years for Illegals to get citizenship under this bill and get voting rights.

    But it looks like the exisiting latino group has promised vote to democratic candidate in 2009 for President. And so this bill is so much for illegals. We educated even if become citizen will take a educated decision on who should we vote. So they are screwing us. Politics!





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  • fall1998
    05-16 10:12 AM
    So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).

    I am getting a feeling that USCIS is really clearing out the backlog this time.



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  • cygent
    06-02 06:14 PM
    pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
    Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

    Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month





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  • extra_mint
    10-12 08:47 PM
    Question is why make it mandatory ??

    There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!

    I think it is safe to assume that answer is NO

    We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.

    By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)


    http://www.ennislaw.com/gardasil.html


    I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.


    lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
    To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.



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  • hpandey
    06-19 10:29 AM
    Before answering something like this, you should know what you are answering.

    I think you should explain what you are saying . going back to your previous posts you don't seem to be a particularly well mannered individual.

    I tried to help the guy best to my ability and I said what I believe to be true. If you can prove that I said something wrong then you should say that with appropriate links.

    I don't see any harm helping others who are trying to walk on the same path of immigration as we did legally.





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  • saratswain
    09-15 03:53 AM
    My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

    In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

    Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

    I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

    Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.

    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.

    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)



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  • va_dude
    03-25 02:32 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.





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  • ashutrip
    06-15 04:11 PM
    What about the option
    Refiling LC in PERM due to .... changing jobs, etc
    Even PERM is Baclogged.......per my lawyer Atlanta is taking 6 months.....Amazing



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  • akred
    07-07 11:03 PM
    Yes, as long as you meet these conditions -

    1. You lived in the US for 183+ days in the tax year or

    2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.





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  • kirupa
    08-20 06:25 PM
    Cake - that is by design. Place the contents of your grid inside a ViewBox control (WPF only I believe). Once you have done that, you will see the contents of your grid scale as its height gets altered.

    My earlier XAML snippet could be used when pasted between the <Window> tags. To try out what I just mentioned in this post, create a new WPF project called Animation and overwrite all of the XAML in Window1.xaml with the following:
    <Window
    xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
    xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
    x:Class="Animation.Window1"
    x:Name="Window"
    Title="Window1"
    Width="640" Height="480">
    <Window.Resources>
    <Storyboard x:Key="Storyboard1">
    <DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid" Storyboard.TargetProperty="(FrameworkElement.Height)">
    <SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="0"/>
    </DoubleAnimationUsingKeyFrames>
    <DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[0].(ScaleTransform.ScaleY)">
    <SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="2.93"/>
    </DoubleAnimationUsingKeyFrames>
    <DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[3].(TranslateTransform.Y)">
    <SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="96.5"/>
    </DoubleAnimationUsingKeyFrames>
    </Storyboard>
    </Window.Resources>
    <Window.Triggers>
    <EventTrigger RoutedEvent="FrameworkElement.Loaded">
    <BeginStoryboard Storyboard="{StaticResource Storyboard1}"/>
    </EventTrigger>
    </Window.Triggers>

    <Grid x:Name="LayoutRoot">
    <StackPanel>
    <Grid Height="100" Background="#FFF5FF00" x:Name="grid">
    <Viewbox HorizontalAlignment="Left" Width="100">
    <Button Content="Button"/>
    </Viewbox>
    </Grid>
    <Grid Height="100" Background="#FF00B3FF" RenderTransformOrigin="0.5,0.5" x:Name="grid1">
    <Grid.RenderTransform>
    <TransformGroup>
    <ScaleTransform ScaleX="1" ScaleY="1"/>
    <SkewTransform AngleX="0" AngleY="0"/>
    <RotateTransform Angle="0"/>
    <TranslateTransform X="0" Y="0"/>
    </TransformGroup>
    </Grid.RenderTransform>
    </Grid>
    </StackPanel>
    </Grid>
    </Window>


    :)



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  • CADude
    04-07 06:30 PM
    I will tell my story, if this help.

    I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
    I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.

    To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)

    If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.

    my 2 cents and good luck


    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..





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  • lazycis
    01-15 11:04 AM
    See also

    http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument

    On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

    The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.



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  • realist
    01-27 09:33 AM
    Employment Second Preference - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Second_Preference) The Job also need to require an eb2 qualifications.
    It is best to be cautious when applying first, rather than take a chance with eb2 and worry later.





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  • chanduv23
    02-14 04:39 PM
    This is awesome. I wish I went to Medical school like most of my cousins..too late now

    I wished too :), though i am happy helping Paskal in his efforts now :)



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  • rockstart
    10-05 02:55 PM
    That is a pretty impressive list of advisor's. Thank you IV for the great work.





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  • boldm28
    05-19 11:35 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)

    this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..

    believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route





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  • JunRN
    07-18 08:59 AM
    I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.





    Jimi_Hendrix
    11-28 10:21 AM
    Just because you get more visa numbers does not guarantee gc. USCIS efficiency is going down the drain.





    voldemar
    02-09 12:17 PM
    The day I applied that day the PD was current.
    PD should be current at the date of approval too. If it's current now you can get decision in couple of weeks, if PD is not current - just forget about checking that dates.
    Also that date is showing as 19 july 2007.It means that majority of applications filed before that date and with current PD and necessary checks completed are with adjudicating officers.



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