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Friday, June 24, 2011

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  • kaisersose
    07-19 10:05 AM
    You are cutting it too close. If her flight is delayed, you are at risk.

    My suggestion is to have her get here sooner to give you folks enough time to get things done and to allow room for unexpected delays.





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  • Shirdibaba
    11-04 06:59 PM
    Thakyou Nrk,
    what do u mean by preadjudicated?
    I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
    Hope all goes well.
    U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.

    Thnx again.SB





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  • ragz4u
    03-16 03:59 PM
    I did read it, and I really hope that something happen this year. The OC magazine is very focused on Immigration, like the AZ Central.

    Here's a link to his website

    http://frist.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2306

    I have a feeling it will have some pro-immigrant stuff too....the next 10 days are going to be very interesting

    Text of Bill Frist's statement below

    March 16th, 2006 - WASHINGTON, D.C. � U.S. Senate Majority Leader Bill Frist, M.D. (R-TN) today announced his intention to introduce a border security bill before the recess to ensure the Senate has a border security bill ready for debate during the week of March 27:


    �Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists. That�s why today I will introduce a border security bill, to guarantee the Senate will have legislation available for consideration the week of March 27.


    �This bill will be based on the consensus enforcement, visa reform and immigration litigation reform titles of Chairman Specter�s mark-up of border security legislation and focus on ensuring strict enforcement of our nation�s immigration laws. I look forward to bringing a border security bill to the floor during the week of March 27 and allowing the full Senate to start work on border security and interior law enforcement, as well as comprehensive immigration reform, so that America is more secure and our constituents are safer. It is my hope that the Judiciary Committee will be able to report a bill we can bring to the floor that meets these objectives. As a country of immigrants who respect the rule of law, I expect us to honor those heritages as this debate unfolds.�





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  • cool_guy_onnet1
    05-15 09:10 AM
    Highly recommended especially, if your company pays for it (mine did not)!
    I know lot of us have tough schedule but this bill will get rid of large pool-
    I would think 30-35% - Why? Lets see EB1's are definitely out- Plus most EB2's (except Bachelors + 5 yrs exp guys) will be out.
    Don't give me any Red dots over this- Just a humble opinion. So, lets says it gets rid of 30% in queue, it's as good as Increasing visas to 182K!
    Good luck to all!



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  • GCwaitforever
    04-01 10:03 PM
    no. 10 and 11 today. Shall visit the senators office on Monday as well. This would the last chnace to make a difference. Go for it.





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  • indigo10
    01-25 12:28 PM
    This is not an accredited university. It has SEVIS permission though.

    Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.

    They can all happily screw each other on the island.

    BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.



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  • gcpadmavyuh
    08-22 10:16 AM
    Most of us do not have access to Aila's articles.





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  • gimme_GC2006
    08-20 09:03 PM
    Who is your employer?
    When you GC is screwed you dont have a reason or purpose to keep quiet.

    Post their name here, no one will ever join him.
    File a lawsuit against them..I am sure you may have had emails about his promises or you paying money for GC.



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  • rajurajesh
    11-19 02:16 PM
    I filed I-140/1-485 concurrently July 4th. Got my EAD and AP. I-140/1-485 still pending. Is it true that you get FP notice only when your I-140 is approved?





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  • eb3retro
    08-05 12:26 PM
    its a really good discussion, thanks to all people who have provided valuable information. I am a Consultant throughout my career and never lead a team but now planning to change gears and move into project management. When I goolged about the requirement to take the exam, Lot of PMP training institutes came up and they are charging about $2000 for training and they say its a 5 day course, guarantee to pass bhla bhla .... My first question is it required to take these training classes? if not how to become eligible for to take the exam, Please advice.

    gcmaine. here is my answer to your question. I completed my PMP in 2008. Same like other folks here, thanks to USCIS, I have never been able to use it, since I am in eb3 and cant change job family. anyways here is my thought, in my opinion, this is just my opinion , keep in mind, those trainings are not at all necessary, if you have little bit of perseverance and time. Reason I am saying this is, with 2 kids, I was able to do this PMP certification myself, without any training. I took my own sweet time, spent 6 months studying in a library (2 hours every day on weekdays) and couple of hours in the weekends. I could pass this in one shot. And if I can do it, anyone can do it. All you need is perseverance and I am sure you will get through. PM me if you have any questions on how to prepare for the exam.



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  • chumki
    12-18 02:40 PM
    Lazycis,

    Thanks for the public charge note.

    http://immigration.about.com/library/weekly/aa090903b.htm

    In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).

    1.

    Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?

    Carl: Absolutely.



    2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.

    The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.


    What are your thoughts?

    What should I do now?





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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?



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  • andy garcia
    08-22 10:14 PM
    Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.

    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
    Read on page 4

    Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.





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  • gcseeker2002
    08-25 05:56 AM
    By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor

    Thanks for the info. But is it really true that by law employer is required to pay for labor ? I think it used to be that only h1b expenses are required to be paid by employer.

    Also, most companies ask for agreements to repay them if we dont stay with them for few years for filing greencard . Is these agreements legal if they ask to repay labor fees ?



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  • BMS1
    10-11 04:34 PM
    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.





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  • aswin
    11-06 01:47 PM
    EB2 I : 5-Mar-2005

    I haven't posted anything so far...hopefully my predictions comes true :-)

    This is a wishful thinking. Since there is a lot of pending cases for March...clearing March logs will take time. We have to expect a baby step unless a miracle happens.



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  • greensignal
    07-25 11:05 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.


    Do this: Be happy with what you already have and expect (don�t worry) more good things in life. Just compare with somebody who doesn't even have food, clothes, shelter, health care, etc... in their lives.

    You are VERY fortunate to make it to US and living a decent life than most of the Indians.

    Cheer up....





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  • Bthram
    06-06 12:26 AM
    My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.

    There is no change in the job responsibilities.

    Question:

    1. How soon should I file my AC21 request?
    2. What is the impact of this promotion on my H1B?
    3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?

    I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.

    Any ideas?





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  • yabadaba
    12-13 03:31 PM
    once the comment period for the new rule eliminating labor substitution starts, I will start a new thread and start a letter writing campaign by like minded members urging DOL to quickly enforce this rule.





    Almond
    07-17 11:11 AM
    Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.

    How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?

    And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!

    :mad:


    Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.





    a_yaja
    07-27 01:20 PM
    From their tone, I can tell the were trying hard to be helpful.

    But, no receipt for me yet. July 2nd filer here as well.

    Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?

    Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
    And how are you sure that the second application will be correct and not have any errors that the first one had? :D



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