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  • quizzer
    02-23 04:54 PM
    Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)

    Shirish,

    Can you give more details about your I140?
    EB2 or EB3?
    NSC or TSC?
    RD and AD???

    Thanks




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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?




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  • GooblyWoobly
    07-18 06:25 PM
    Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.



    If you are not planning on using EAD and she won't either then she needs to change status to H4.


    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?




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  • gcformeornot
    04-07 01:08 PM
    http://www.cilawgroup.com/wp-content/uploads/2010/04/AAO-Decision-re-Substituted-LC.pdf



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  • kicca
    01-25 10:49 AM
    ^^^




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  • jasmin45
    08-21 10:36 AM
    Go party now!



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  • freeskier89
    03-02 10:17 AM
    Just out of curiousity, does traditional painting qualify?




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  • delax
    08-03 01:08 PM
    I remember very clearly from last year that NOT having an A# on your approved I-140 is not a problem - Sheela Murthy was very clear about this on her calls for her clients. The 485 receipt though should have an A#.
    FP is a different story. You have to get it done for 485 approval.

    Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt



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  • senthil1
    04-15 01:40 PM
    Hi

    Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect

    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.

    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby




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  • Karthikthiru
    04-09 03:00 PM
    I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.



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  • leo2606
    09-24 03:42 PM
    My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
    She is planning to take up permanent job at the client place she is currently working as a consultant.

    What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?




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  • Roger Binny
    04-06 01:14 AM
    If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.



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  • santb1975
    02-17 11:13 PM
    Thanks to everyone who participated today. We are looking to have another signing event next week. A big Thankyou to everyone who drove from SanDiego to Artesia to take part in this.




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  • anindya1234
    06-01 03:27 PM
    By the way..my petition was not endorsed by IV when I first floated it...so it should not be treated as an official action/petition by/from IV



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  • nagio
    08-13 12:29 PM
    WASHINGTON – President Barack Obama on Friday signed into law a $600 million border security that will put more agents and equipment along the Mexican border.

    ...
    Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)




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  • pappu
    07-16 02:35 PM
    This is just a recycle of WSJ article that came out today. Nothing new. IV posted this last Friday already and we were the first. Please use your judgment and not use such comments as inside information.



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  • brb2
    08-09 11:14 PM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.




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  • alterego
    04-12 08:39 PM
    Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.

    I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.

    Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.




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  • varshadas
    02-17 12:43 AM
    A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.

    I just want to go over what we discussed in the call in brief:

    Goals of the state chapters
    Increasing the membership
    Meeting the law makers

    Methods to increase membership
    Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
    Distribute the flyers in the local train stations where traffic is maximum.
    Distribute the flyers in the local temples.
    Try to participate in local community events.
    Try to get onto the local Indian/Chinese radio channels.
    Try to connect with people at work and school.
    Try to get stories in the local newspaper.
    Any other methods can be explored by the individual state chapters.

    Meet the law makers
    Go to www.immigrationvoice.org
    Click on Resources on the left
    Click on Resources for "Meet Your Local Maker"
    There are a number of things here that would help you in this.

    People from the local constituency should set up an appointment with the
    Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
    Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.

    For setting up the appointment, we used the following letter format provided by the core team:
    ************************************************** ******
    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
    non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
    meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are
    suffering due to these delays and wish to bring this important issue in front
    of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:
    ************************************************** ******

    Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
    heading called Materials for the meeting in Resources->Meet Your Local Maker.
    If possible, take your laptop for the presentation.

    Begin by introducing yourself and that you are a member of IV which is a
    national non-profit organization that is working towards providing relief to
    skilled legal immigrants and that there is no other organization like
    immigration voice in the USA.

    Talk about the good things that the Congressman has done for the community (Research in advance).


    More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.

    If anyone has any questions, please contact IV or you can contact me too at
    varshadas@hotmail.com.




    americandesi
    08-31 01:42 PM
    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
    8/31:7.45am & 6pm;
    9/3: 9.25am & 6pm;
    9/4: 7.45am & 6pm;
    9/5: 9.25am & 6pm;
    9/6: 7.45am & 6pm;
    9/7: 9.25am & 6pm;
    9/10: 9.25am & 6pm;
    9/11: 7.45am & 6pm;

    Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central

    Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
    the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV


    Wanna know the fastest way to get a GC with no strings attached?. Apply in EB1 under "Foreign nationals that are managers and executives subject to international transfer to the United States". Here are the steps

    1) Work as a Manager/CEO/CFO in India (or) any other country for 2 years with a company that has a branch in US.

    2) Get tranferred to US branch of the company with the same designation and command a salary matching the prevailing wage for Manager/CEO/CFO at that location.

    3) You are all set to apply in EB1.




    gcformeornot
    05-10 09:22 PM
    Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

    Good Luck. I am also using AC21.



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