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  • ruchigup
    08-22 03:11 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation




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  • shana04
    07-21 09:59 AM
    All you guys,

    Take an Infopass appointment and tell them that you have not received FP notice. Sometimes taking infopass appt helps. So you can try that option.

    CAn you please help with the process on how to take an infopass.

    Sorry for my ignorance.

    Thanks in advance,
    Shana




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  • when
    02-29 08:42 AM
    How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?




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  • styrum
    02-25 02:39 PM
    Literally this means that by now they have processed only those applications, for which priority dates are current and they had been filed before April 2007. But they are outright lying! I personally know a EB3 guy who filed 140 premium and 485 in May 2007 and got GC before the July fiasco.
    Who beleives that since the last June frenzie (66000 approvals in one month so that they "have used" all the quota for 2007) and 7 months after that they didn't process anything beyond April? I don't!

    You see, it means the haven't been processing any applications since at least June 2007! :mad:
    Yes, even with priority dates current we are now stuck in the "processing backlog" which they expect to clear by the end of 2010 according to our "friend" USCIS Gonzales, because "there were too many applications filed in June-August", See? it's all our fault again.



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  • sush
    07-09 01:06 PM
    Mine is TSC peding since May 2006.
    Upgraded to PP on Jun 19th 2007, no updates yet.




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  • kumara121
    04-08 05:05 PM
    USCIS demand sheet shows 17000 GC inventory until 2006. When the EB1 spillover to EB2 is 12000, don't understand how the dates moved less than 2 months. It looks like USCIS is very confused and making us all confused.

    only good thing here is some movement is much much better than nothing.



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  • jonty_11
    11-15 01:41 PM
    Yes, I94 is a part of ur new H1 (at teh bottom)...so u can go to Canada Mex using that and enter back into US within 30 days....




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  • raydhan
    02-14 02:17 PM
    Thanks for that Iptel.

    Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.

    best,
    Berkeleybee

    Iptel,
    Superb find. Great job. Among other things, this report talks accurately about the current Green Card delays and solutions and how LEGAL HIGH-SKILLED IMMIGRANTS add to the economy and innovativeness in the U.S.

    Selected sections can definitely be used to enlighten the lawmakers.

    Keep 'em coming!!!



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  • nixstor
    02-23 02:14 PM
    my case was recieved Dec 07. (H1B extension)
    The website says they're processing Dec 21
    However checking my case status, it still says received and pending

    How come?

    The processing times are just a rough estimate. Most of the times H4 extensions are approved along with H1 extensions. There is a 1 month difference between these two. I think it might got to do some thing it as well. Call USCIS and ask them. There might not be a better response but sometimes you get lucky and talk to a Immigration officer.




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  • amitga
    11-15 03:48 PM
    CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?


    He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008



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  • go_guy123
    01-20 10:29 AM
    None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...

    (1) Dems will not touch it.
    (2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.

    CIR was impossible all along. It was delusional to think such a political hot potato can pass.
    Not just my opinion ...but also that of IV board member: Greg Siskind.

    The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.




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  • nixstor
    12-01 05:19 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    My job duties haven't changed a lot. I hear what you are saying. I sent an email to the lawyer asking what kind of issue I might have if any. She is out of town for a week unfortunately. I just wanted to get some input mean while.



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  • jonty_11
    08-03 05:19 PM
    Any answers to this questions ?
    I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....




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  • anilsal
    08-05 08:04 PM
    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.



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  • maine_gc
    02-01 07:32 AM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks




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  • seba
    09-24 03:29 PM
    GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.

    thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:

    1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
    2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.

    Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.

    Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!



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  • chanukya
    05-23 07:35 AM
    As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.

    My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.

    Any thoughts or comments?


    CORNYN amendment�Very cleverly worded..Regarding US Masters and above...

    On Careful reading of SA4005...

    On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.

    So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.

    Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?

    http://immigrationvoice.org/forum/at...6&d=1147880856


    Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
    Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.

    And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.




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  • desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.




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  • Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.




    tabletpc
    09-27 09:27 AM
    yesterday in Lou Dobbs i heard that an illigal immigrant who was arrested at the border of mexico stole the border patrol vehicle and drove back to mexico in that vehicle. Later helicofters were sued to recover the vehicle. LOL...!!!!

    I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.

    Sometimes i feel its high time to reconisder the US dream...!!!!




    whitecollarslave
    08-04 04:02 PM
    I have a copy of the I-140 Approval Notice. It does not have A# nor any field for A#. What am I missing? Guys, please clarify.



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