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mirage
02-08 05:49 PM
we are having a conference call at 6 PM EST today, please me for conf. cal details..

Thanks
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stirGC
02-17 04:11 PM
I toally agree with Retrohatao. If we don't raise this issue soon, most of the members will suffer later on this, say 1-4 more years waiting?
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pcs
11-13 09:08 AM
Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...

Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...

Good leaders do not lead a tired and hungry force...

I have already started sending letters to Napaleto at USCIS...

Guys just send letters with a CUT PASTE of the rule....
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ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?

Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?

Will appreciate your response.

Thank you.




Example[/U]

Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

He entered on USA using AP in Oct 2008. He is using EAD to work.

Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

____________________
Not a legal advice.
US Citizen of Indian Origin
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ItIsNotFunny
10-15 12:10 PM
do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D

If Gandhi would have thought the same way!

We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
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niklshah
12-10 11:35 AM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.



there u go again... EB3 - EB2 crying continues.....from your post it looks that only EB3 is responsible for no forward movemant of EB2.. cool down dude thats not the only reason... be honest and tell in how many IV campaigns u have participated...? and also how many originally filled EB2 really deserve to file in EB3... I am pharmacist but we are in EB3 eventhough we required Pharm D now to get pharmacist license which is equivalent to phd.. so stop crying and start working on IV campaigns thats the only thing which will help..
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Slumdog
01-22 06:29 PM
As mentioned posted new thread. here you go.

http://immigrationvoice.org/forum/showthread.php?t=23267

Happy Reading..
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dreamgc_real
07-02 09:21 AM
I think the new reference # for the Sanders Amendment is now
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??

People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!

Cannot find the change on the reference in thomas.gov

Sent the message to my senators
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go_guy123
09-09 02:33 PM
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.

SKIL will NEVER see light of day so long there is the "pandering to illegals" democratic party is there in control of agenda. Under GOP there is atleast some better chance
of piecemeal and therefore SKIL bill has some chance.
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natrajs
06-06 03:40 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

Here are our dates for those interested in tracking.

PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008

Congrats and Best Wishes
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dkjariwala
04-08 11:54 PM
nyte,

The person was on H1B visa.
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delhiguy
07-09 04:12 PM
delhi..

what is your PD?

2007
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singhsa3
03-04 01:30 PM
Done, thanks for your comments
perhaps you want to make it even simpler?

- Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
- instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.

copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)
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santb1975
12-20 07:14 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
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04-23 06:34 PM
for sharing the news
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desibechara
10-12 03:39 PM
I am..

EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
Applied I140, I485 and I170, I130 on Aug7
NSC..receipts Sep19
FP notice for Oct 30,have not recived for wifes' FP notice
EAD online notice for both of us ..on Oct 9

I understand lot of people are anxious about GC..but look at dates!!!

Its been 6 years..


DB
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sunny1000
07-24 10:18 AM
my lawyer says the same thing..no employer letter needed for concurrent filing...do't know what to believe...Pappu, can you please post the link to the USCIS memo, if you have it?

Thanks much.
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vandanaverdia
09-10 03:16 PM
You have to think twice before you travel out of the country. You cannot travel out of the country freely because you are stuck at some or the other stage of the green card process.
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Zil
09-28 04:21 AM
Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.

Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??

Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!


You pretty much talk and think like an American. :)
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spicy_guy
07-12 05:46 PM
Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



can it be done without the help of an attorney...????

Its YOUR application to USCIS. You don't need an attorney.
Go to USCIS and search for docs required.
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GCard_Dream
12-13 01:18 PM
I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.

Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.

If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.

We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.



All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

Hope this explains this topic. Thanks
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