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  • Madhuri
    05-01 12:32 PM
    I second you.
    If 485 can be filed for both primasy and dependent when EB is current or FB is current
    this will really work pretty well. dependents can be on EAD/AP status in this case.

    iff = if and only if

    The I485s for both primary and dependent could be filed either if the family or the employment category is current.

    i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.

    In this scenario - if the family based category is retrogressed:
    Option 1: Spouce can wait the retrogression out in AP/EAD.
    Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.

    Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.




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  • Macaca
    07-08 07:57 PM
    Condi's statement

    Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer.
    From New York Times Editorial

    On Monday, the State Department announced that all 140,000 employment-based green cards had been used and no applications would be accepted.

    Citizenship and Immigration Services, the definition of a hangdog bureaucracy, says the law forbids it to accept the applications.



    Based on the above, I undersand that there is a law that forbids acceptance of AOS applications when the 140K quota is exhausted.

    The following is AILA's response in New York Times Editorial.

    The American Immigration Lawyers Association says this interpretation is rubbish.

    I am very curious to see the immigration law that AILA calls rubish and is ignoring while filing the class action suite!




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  • DallasBlue
    08-25 12:00 AM
    Quote:
    Originally Posted by unitednations
    If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.

    That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.

    No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.

    Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.

    Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.

    The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.

    It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.

    I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.

    Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?

    Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.


    Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).



    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.

    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?




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  • SunnySurya
    08-18 01:14 PM
    This issue cannot be solved through Lawsuit. What are the other alternatives?
    Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!



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  • desi3933
    08-08 11:42 AM
    I got an email today from USCIS stating this
    Current Status: Card production ordered.

    I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?

    My PD Is May 2003

    Congrats!

    Welcome to the club!


    ____________________________
    N-400 Oath Date on Aug 19th




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  • hotammo
    09-03 09:39 AM
    My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.

    Thanks,
    znan

    No, I did not get a refund. I even got a mail for my EAD application being rejected.

    If there is a process to get a refund, I would like to know it too.
    But I am not too hopeful in this situation as I remember when efiling for EAD and AP, I read somewhere that the application fee is non-refundable.

    At the SSN office. You fill out application for a replacement card. Option 3 on the ticket generating screen.
    The SSN issuing staff know what to do after that. This goes without saying take your GC with you. Nothing else is required. They do not even look at the passport or any other form of ID. GC is the only thing needed.

    FYI got the new SSN cards. They do NOT say permission required from DHS to work. In fact the card is exactly similar to the one my daughter got (she is US citizen, born here).

    HTH



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  • sam2006
    07-20 03:48 PM
    Thanks !

    Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?

    I would like to be diplomatic on this ..
    will like to go with the majority ..

    but personally speaking.. may be we can have the drive till monday and see how it goes ..




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  • ssss
    03-26 03:21 PM
    I am not sure if I can get GC in 2011



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  • knnmbd
    05-03 10:53 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...

    The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.




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  • andycool
    08-27 12:52 PM
    Another case I can remember is andycool on this forum
    buddy you remember me ;) :)


    yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..

    Got CPO on 24 ..

    thanks



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  • english_august
    07-11 01:18 AM
    Is this rally still on? On 14th? Then please update the first post on this thread which still says July 7th - it is confusing.

    Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.

    This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.




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  • satish_hello
    10-12 01:18 AM
    One of my friend got this message like for his EAD only.

    Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: We mailed you a decision.

    On October 11, 2007, we mailed you a decision on your I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.

    Can you guys tell me what does it mean, he is too worried.

    Regards
    satish



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  • delhiguy79
    08-01 11:11 PM
    Guys,

    If we r landing by road and as we dont have address and we give our friends address, right?

    So do we have to give address as

    My Name
    C/o; Friend's name
    Friend's address

    Or we just give

    Friend's Name
    Friend's address


    Please anyone can throw some light on the issue.

    Thanks in advance.




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  • gc_lover
    07-02 08:52 AM
    Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
    Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!

    Robin Williams? Are you sure it didn't go to Hollywood!



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  • ragz4u
    05-02 12:38 PM
    I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.

    I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though


    believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree


    I disagree with this too. Here are a few examples
    1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
    2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
    3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
    4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
    5) Sheer ignorance on the part of the beneficiary




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  • GCNaseeb
    08-30 09:37 PM
    Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.

    :D:D:D:D:D:D:D

    Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?



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  • StarSun
    02-23 08:40 AM
    Poster to spread the word.. (http://pennyappware.com/myposter.pdf)




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  • Sakthisagar
    08-09 01:30 PM
    Why fight among EB2 and EB3? EB1 should be also a part of this, that's what we are good at...right?

    Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?

    EB-1 will never become part of us because of simple reason they are always Cuirrent!

    Who said it is Fair? nothing is fair... this is the policy of Divide and Rule

    Never want to hurt anyone.




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  • trueguy
    09-19 10:21 PM
    Instead of predicting and estimating why don't all of us do some calling for HR 5822.

    already did that. Is calling the only thing at the moment? Why don't you let EB3 guys talk a little?




    felix31
    05-03 01:38 PM
    thanx for clarifying....


    Section 205. Retaining Workers Subject to Green Card Backlog.

    This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)

    However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..




    gckabayega
    09-01 07:47 AM
    Wait for a couple of more weeks-- It is on the way. Don't go by the dates USCIS posted. They apparently don't correctly reflect the actual.

    i sent application for me and my wife on july 6th NSC my I 140 was applied in TSC . i am NJ resident. wife took info pass appointmnet as no check cashed, no notice receive. started worrying now. as NSC is updating even new applications no sure if my case was transferred to TSC or not . any body in same boat ? application was signed by R williams in NSC.



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