Thursday, June 9, 2011

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  • lonedesi
    04-04 10:08 PM
    A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.





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  • dannyvn
    06-27 12:21 PM
    sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?





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  • jasmin45
    07-16 07:01 PM
    It was worth a try. Oh well !
    Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.

    Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol





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  • butterchicken
    04-28 02:10 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.



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  • Ram_C
    11-08 01:45 PM
    Thanks so much RAM C.
    I have one more question.. if possible could you please clarify this also for me..?

    I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.

    My I-94(at POE) and Visa stamping expired in 2006.
    Got extension till 2007, and then got H1B, followed by EAD.
    I haven't been outside the country, so my current valid I-94 is part of my H1 appoval notice...so do I have to show my H1 also?

    Sorry.. for all the questions.. I tried to call the local office but couldn't get through...

    THANK YOU
    I REALLY appreciate your answers..

    Yes that is true, you have to show your passport and I-94 and EAD
    you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.

    so to answer your question show H1 extension if they ask.

    hope this helps.

    Good Luck :)





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  • amitga
    02-21 01:01 PM
    Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.

    People,

    I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.

    The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.

    I think its worth a discussion.People any ideas.?



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  • akkakarla
    09-06 07:04 PM
    Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)

    One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?

    Guess this guy needs serious help and be instutionalized for a very long time.





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  • meragreencard
    06-12 10:46 PM
    Don't worry... it may very well be biometric for your son...

    Thanks


    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:
    -------------------------------------------------------------------------------------------------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
    --------------------------------------------------------------------------------------------------------

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.



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  • logiclife
    01-26 04:21 PM
    Also mention the points mentioned here by myself and Walden Pond. These are the apprehensions that many desis and chinese H1Bs have about raising their voice.

    There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.

    Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.

    And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.

    --logiclife.





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  • ronhira
    09-16 08:09 AM
    I had to go through secondary inspection which took about 20 minutes at JFK.IO only verified and stamped AP. No other documents were requested. To be on safe side, I carried Pay Stubs, Education Documents and Office Identification card.

    thanks urpal..... i'm juggling between possible approval of aos, pending ap application, planned trip outside the country and ac21.... u'r notes r helpful for me.....



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  • windycloud
    05-24 12:03 PM
    I'm in. I don't mind providing my information. This is a procedural confrontation, we can't take our proper position in such while trying to remain anonymous. So we are still doing a group letter, correct? Thank you.





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  • bhp2301
    10-09 06:09 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.

    Marry me...i like funny people......

    /thread



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  • AtulKRaizada
    07-18 08:07 PM
    Hello Atul

    I agree only crying baby gets milk.
    But only lucky applicants get green card :). Its not based on eligibility alone.
    Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.

    I think every year about 30K or more people are coming from India
    on H1B. I think half of them apply for GC. At least 200K Indian nationals
    alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.

    A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.

    What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
    So what to do?

    thanks
    babu


    I agree and I am also fully aware of the numbers, but just don't limit it to we Indians, every immigrant irrespective of origin is impacted. I hate to call it a donation, I rather say everybody contribute as much as possible. $100 is nothing compared to immigration fee and extortion by attorneys and consulting companies.

    Somebody has to come forward and show leadership. Just sitting and waiting for every month Visa Bulletin is not going to take us anyware.





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  • ivgclive
    02-25 10:13 AM
    Still it can not beat the MAGIC "82" vs New Zealand, Auckland in 1993/94, that cranked up the run machine "SACHIN"



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  • wanaparthy
    03-24 05:30 PM
    How come h1 transfer gives me the solution?

    do you mean to say goto any employer whoever gets job?





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  • java4yogi
    09-03 04:12 PM
    We have the 797 approval with us now. I'll try to checkout if we can apply for the SSN.

    Thanks a lot guys for responding so quickly.



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  • gc_aspirant_prasad
    07-18 10:44 AM
    My attorney has indicated that we wont have to refile. They had sent it to NSC around July 3.





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  • sathishkrish
    05-19 08:05 PM
    There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!





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  • vaishnavilakshmi
    06-22 11:16 AM
    Hi,

    U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.

    Hope this helps u,
    vaishu





    sledge_hammer
    02-23 12:44 PM
    I would say YOU need that "good luck" more than the members that answered your question!!!

    Thanks for your response.

    I will stay in touch & keep posting if I need more clarifications in my case.

    Until then, Good Luck:)

    Shivani.





    desim
    07-19 12:47 PM
    Thanks mp70 for sharing the information. Your experience has helped me with two worries. My 797 was approved in June end and I am going for stamping at Chennai at the end of July. You put my worries with the short gap PIMS verification issues to an end.

    It is good to know that there is a separate counter for revalidation. Did the officer ask any information for dependents H4 visa?

    Also, did you do anything to check whether your petition was present in the PIMS database?



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