Thursday, June 23, 2011

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  • pady
    08-20 03:39 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.





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  • longq
    12-20 06:25 PM
    Does USCIS provide any clear documentation regarding the Visa Allocations?

    DOS statistics can be found at
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    The text of INA can be found at

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=24e12c5b6b3ca34ade72f667ecbc8 d58





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  • Dhundhun
    12-29 02:37 PM
    Please modify title.

    Also, it will be quite useful to set a counter, how many people started using AC21.





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  • makemygc
    08-01 12:15 PM
    mine reached at 10-23 am -2 nd july,by some L.ARMSTRONG guy..no receipt yet,no check cashed
    cjagtap..where did you send your application.. NSC or TSC?



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  • saggi13
    02-17 09:56 PM
    labor was perm
    ----
    dont know for sure but i think my I140 was mar 07 and was approved may 2007
    will check the dates and will confirm...
    ----
    Case received at Texas Service Center - july 2nd 2007. (monday of the big chaos)...had mailed the case on Sat(before chaotic monday) thru DHL overnight
    Case transfered to NBC - Dec 2nd 2007 (me & spouse)
    Case status changed to interview - Dec 4th 2007 (me & spouse)
    Preliminary process complete USPS mail - Dec 4th 2007 (me & spouse)
    Case pending at the USCIS office transferred to email - 02/12/2009 (me & spouse)
    RFE - 02/13/2009 (me & spouse)
    Soft LUD - 02/17/2009 <------ (me & spouse) (here is where i think the RFE notices are being printed today and will be mailed - we should probably get them by this Friday 2/20)

    assumption 1 - Being that both me & spouse received RFE, i am thinking it mostly is either health records, finger prints, photo graphs, or signatures (we had g-28 to let our attorney sign on behalf of us and they (uscis) might need original signatures)

    assumption 2 - Worst of all because the status changed to RFE on 2/13 and we might not get the notices till (02/20) we lose a whole week just waiting on the notices and we will have mere 3 weeks to respond back

    likely fact - for whatever reason we are very few folks who are in this boat with same pattern and have to stick together to see where we will end with this

    S





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  • rbharol
    05-22 02:58 PM
    Logiclife,
    Competeamerica too is not happy with this bill.
    Has IV talked to them about their stance and their plan of action?

    How do you think Congress will react to these provisions?
    They have STRIVE in the house. Is there a chance we get something
    in the middle of the senate bill and STRIVE?



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  • singam
    08-31 09:19 PM
    According to my entrepreneur friend, people wait 12 times before trying a new product. So we have to keep calling and talking to our friends no less than 12 times .





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  • vkallank
    01-11 02:34 PM
    i have sent a hand written letter to President and a copy to IV. yet to contact law maker.



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  • amsgc
    06-12 08:47 PM
    Mark Kirkoreiean's (or whatever his name is) thesis is that not everyone who gets a green card through EB is a genius, and that is not good for America. "Einstein" here doesn't understand that it takes more than a genius to make a company successful, and thereby create more jobs for your average Joe. If you are in the business of developing cutting edge technology, you certainly need some very smart people in your labs. But the guy who actually gets the product out of the door is your moderately above average skilled employee who knows how to get the job done. The whole argument that America needs the "best and the brightest" only is terribly flawed. And what better example than this Kericorien (or whatever his name is) character himself. In his testimony, he suggests that EB should be limited to EB1, and that too, to about 15K. Great, these 15K people will be able to do the job of the 500K gainfully employed individuals whose EB application is pending. Super! Good luck with selling that Mark.

    After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!

    Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D

    Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.

    And now a little prayer to calm down Soul!
    "May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D

    P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.





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  • masterji
    08-09 12:31 AM
    Read question no. 13
    MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
    This 6-month wait period after GC is the biggest myth esp among the desi community. I have never heard or seen any problem with citizen ship of anyone who switched job within 6 months of getting GC. If you have GC, you are as good as citizen except a few more rights that come with citizenship so enjoy your independence and work on your career !!



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  • akhilmahajan
    07-10 10:18 AM
    I think we should dedicate one day on leaving messages at his show. Lets make it a saturday/sunday. All the members can leave messages, asking him to be fair.

    I know a lot of ppl will come back saying its of no use blah blah............

    whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........





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  • ursosweet
    07-19 01:58 PM
    my sincere advice to you, being a physician myself.
    TB test needs min of 48 hrs to be read and if positive, you HAVE to do a chest x-ray. the immunizations are ok.
    get her here on the next flight and get the medical done nxt week.
    i had my medical on june 26 and i had to literaaly storm the office of the doctor to get my report done, and i mailed to my attorney......oh i can never forget that day!! it was a race against time. and am glad its over.

    good luk



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  • rajuseattle
    08-22 11:48 AM
    guys,

    OH Law firm did post the reliable and credible information from Chaerlie Openheim (VB in charge from state Dept) and his predictions for Oct 2007 VB are similar to the January 2007 VB.

    Nothing new about this, lot of websites already published this information.





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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.



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  • vxg
    06-26 02:50 PM
    Anything that get's you a RFE is bad..

    I got it from CVS and they look good.


    USCIS photo guidelines state No touchups should be done. I suggest use a portrait studio of Kinko's





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  • ram_nara303
    06-02 02:04 PM
    Done.



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  • kak1978
    11-03 09:49 AM
    Today I was talking to IO in Texas service center, during discussion I told her that India dates might retrogress.. can you please expedite my case. For that she replied that " that's what they are doing"

    I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.

    May be she meant that they are trying to expedite your case.





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  • gcgonewild
    11-03 08:20 AM
    He's the most dreaded Anti-immigrant.





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  • Eagle
    12-01 04:50 PM
    Thanks Santa for your reply.

    I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

    Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

    In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

    Please advice if I need to do something different this time.

    Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.





    rockstart
    02-13 09:44 AM
    I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.





    jayZinDC
    06-05 04:25 PM
    In which case it could be a good thing, so unapproved I-140's, if deemed approvable will be approved on filing of AC21 portability. There are a few who have not filed for portability but moved on EAD, what is their case now? This things only gets from bad to worse. Anyone with inside info pls chime in.

    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.



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