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  • lostinbeta
    10-21 04:07 AM
    I love jellybellys :) Just tryin to work it with your analogy.

    Sucks about the giants :(





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  • lc03
    06-08 11:48 AM
    hi,

    Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.





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  • onemorecame
    03-06 02:41 PM
    What are the document are required while travelling on AP?
    Please let me know what kind of question they ask at POE?

    All other kind of information will help me prepare in advance

    Thanks





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  • bipin
    03-18 04:51 PM
    LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.

    What is the wage mentioned on LCA for the H1 ? Is it more then 50K?



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  • immiguy
    07-18 04:06 PM
    ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).

    Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.





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  • pappu
    06-27 07:36 PM
    From: National Immigration Forum
    Web: http://www.immigrationforum.org

    Recess

    Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.

    On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.

    There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.

    H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.

    In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.

    Even for these modest reforms, prospects for passage are uncertain.

    Oversight and Accountability

    If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.

    There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.

    The Appropriations Season

    We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)

    Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.

    There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.

    There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.

    The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.

    Immigrants and the 2008 Elections

    The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:

    http://icirr.org/node/2882

    Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.



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  • sathweb
    01-21 02:30 PM
    Dear IV Friends,

    Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.

    Please help if someone has any idea about the time taken to withdraw a PERM application.

    Thank you,
    Ravi.



    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12





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  • a_yaja
    07-07 09:48 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    Depends on a lot of factors.
    1. Under what category are you planning to file for I-140?
    - EB1, EB2 or EB3?
    2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
    3. How far are you from the 95% difference from your current salary ?

    The reason I ask is this:
    If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

    If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

    If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

    IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

    Ofcourse, this is only my opinion and not legal advice.



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  • linray
    06-14 12:43 PM
    Hi guys,

    my h1 got approved on 21st of april 2009.
    Bolt,
    Could you please update this post? Per the post, I got some points:
    1. Your H1B transfer denied and your I-94 card is expired
    2. You filed H1B transfer again using premium processing
    3. You got approval

    Did you get a new I-94 card since your I-94 is expired?
    Do you need to leave the USA for stamp?





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  • plusme
    10-19 09:37 AM
    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.



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  • gc_peshwa
    09-14 02:41 AM
    gc_peshwa,

    You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:

    I dont know about you but I certainly don't enjoy the daily grind of "When will I get GC?", BTW Raghunathrao was one of the bravest Maratha warriors of his time, albeit misguided :(
    I dont mind your comments shreekhand...I just pray your thoughts turn as sweet as your handle:D
    Amen.





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  • like_watching_paint_dry
    09-07 12:56 AM
    aiyo.. caal centers een india do butterr job of trraining weeth amreekan aaxent. that too een one month yonly at one tent the caast. they shud outsorce and use voip and doo enter-acteev training over yenternet. now heer is a phree busy-ness idea farr you. phorget new jerseey kaastly training.



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  • willgetgc2005
    03-28 07:56 PM
    Maybe this is something we can propose.


    You guys talk as if we propose and they accept. get back to realty, please.

    After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.

    You are talking about a radical chnage in GC.

    Get real. Get real. Let us get out of this child like proposals.

    Obviously the efforts of us, IV and QGA have not been sufficient. I am not
    in the least balming anyone. I for one feel IV has done exemplary work.

    But the critical question is do we need to do anything different ?

    Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
    apathy and seeming ignorance to our issue on the part of senators. After all
    our efforts. What went wrong ?

    Core IV members please share your frank thoughts.





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  • andy garcia
    09-17 12:45 PM
    based on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids

    The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES


    AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER

    LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES

    KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS

    ATLEAST NOW - LEARN FROM THESE CHILDREN

    EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS

    YES, EVERYONE TO DC

    EVERYONE TO DC

    That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.



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  • gc_chahiye
    11-11 12:51 PM
    Please check this post by murthy on Non 09, 2007

    http://www.murthy.com/news/n_nupush.html

    On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.

    Any IV updates on this ?

    Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?

    slightly offtopic:
    Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
    This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
    http://immigrationvoice.org/forum/showthread.php?t=14821

    visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)





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  • meet
    08-18 11:33 PM
    Thanks @
    vishwak and ashwaghoshk !!!



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  • bomber
    07-25 12:26 PM
    I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
    Thanks!


    You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)





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  • Student with no hopes
    04-21 07:41 AM
    This is hard to know, it is such a sad story.....I have sent this story to many of my friends... we will think of something to help





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  • svr_76
    11-27 05:16 PM
    Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....





    jsb
    09-16 03:20 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?

    There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.





    snathan
    12-20 04:29 PM
    I am all up for it & won't mind doing it all...

    Then what are you waiting for...start your campaign and publish you action plan.



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