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  • ash_2005
    09-12 03:36 PM
    Not in the system yet, and no checks cashed.

    Submitted: June 30, 2007
    Reached USCIS: July 2nd, 2007
    Signed for by: J.Barrett @ 10:25 AM

    I have no clue as to what is going on here ...worrying indeed.




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  • abhishek101
    05-17 05:50 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.

    I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.




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  • dpp
    12-02 03:44 PM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!

    Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.




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  • lazycis
    01-15 11:15 AM
    Finally, I found it in the federal regulations. So it's the federal law.

    20 CFR Ch. V. � 655.731
    ...
    except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);



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  • shahzaib616
    05-17 06:41 PM
    I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
    Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
    For everyone else, please read below for my story/question.




    "Before I begin with my question, allow me to give you a brief overview of my case:
    In the year 2000, I initially filed for Labor Certification.
    In 2004, I received approval of my application for Employment Authorization (I-765).
    In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

    Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
    I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
    Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

    Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
    Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

    Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
    Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

    Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

    Sincerely,
    Shahzaib"




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  • gc@waiting
    09-30 04:39 PM
    Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).



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  • Raj_2009
    12-16 03:37 PM
    Hi experts,

    I need some expert advice for H1B transfer case and vacation plan.

    Background:
    I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

    Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

    Legal opinion
    But my attorney says that

    1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
    2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


    Questions:

    But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

    I have few below questions regarding the situation that I have. Kindly answer my questions..

    1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
    2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

    3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
    4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
    5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
    6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.


    Kindly provide your honest opinions so that I can take my decision for my future.

    Thanks,
    Raj




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  • vin13
    03-17 10:19 AM
    All,
    I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

    I will let you guys know what was requested in the RFE as soon as I get it.

    RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.



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  • ps57002
    10-04 09:02 PM
    anyone?




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  • gsc999
    01-20 12:05 PM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
    --
    The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.



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  • coolfun
    03-31 03:08 AM
    Hi,

    As with many of the people around, my wife got her SSN last year. She has started working as a consultant on 1099 since early Jan 2008. So, there is no issue for the 2007 tax return. However, I have few questions regarding the estimated tax payment this year. Since this is the first time we have come across 1099 based employment, we are very confused about how to pay taxes.

    As her employment is based on 1099, the employer is not deducting any taxes. I got the 1040-ES form from IRS website. These are the specific questions:

    1. Does the Estimated tax voucher need to be sent in joint names? We file joint returns together but I work on W-2 and she works on 1099.

    2. Does 1040-ES form need to be used for all the estimated Federal payments (Federal Tax + SSN Tax + Medicare Tax)? Or there are separate forms for sending the SSN and Medicare taxes?

    3. I live in California so I will need to use 540-ES as well for the CA state tax payment, correct?

    Thanks a lot for your help.

    Regards.




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  • sent4dc
    06-19 12:34 PM
    Thanks! Sounds like there shouldn't be a problem.

    Just curious though. Say, if someone's parent gives up their green card like that and then later in life we decide to bring them over (to US) due to health concerns/age/etc., do you think, would there be a problem to apply for a green card again?



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  • Shams
    10-24 03:04 PM
    Axilleus,

    My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).




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  • krajani2007
    08-15 03:18 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
    ===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    ===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.

    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.
    ===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.

    ===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
    __________________
    -------------------
    Contributed $100.00
    DC Rally
    Labor Applied: June'08



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  • amitjoey
    03-26 11:56 AM
    I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

    Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


    Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

    I'll post to the yahoo group shortly.
    Here're the details on NC_Immigration_Voice:
    Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
    Group email address: NC_Immigration_Voice@yahoogroups.com

    It is our time to seize the reigns and kick start some momentum

    Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.




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  • willwin
    03-24 09:56 AM
    That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?

    Lucky you!! Mine was filed on Jan 5th and still waiting!!

    I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.



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  • JunRN
    05-16 02:49 PM
    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.

    You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.




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  • Shailesh76
    12-09 10:34 AM
    Here is my letter with names out:
    Dear Senator,
    My name is -------, and I am a highly skilled technology consulting professional from India. I came to the U.S. back in 2000 on employment and since then, I have made an excellent contribution to all the employers that I have worked for. My current work involves consulting in Public Sector for a State Police Agency. I am involved in developing an information system that will increase officer safety, and boost crime prevention and control.

    However, I feel that my human rights are being violated.

    My wife, --------, is a CPA - a highly qualified and accomplished individual. She cleared the NASBA CPA exam with flying colors in first attempt.

    However, she feels her human rights are being violated.

    This is so due to an issue called Employer Based Green Card Retrogression.

    In these years, we have earned top notch dollars, paid taxes, made charitable contributions, visited numerous craft fairs and bought American products, and participated in the cultural diversity of this country. Highly skilled and accomplished as we are, we don't have a life.
    We don't have a life, because we don't have security and peace of mind. We don't have peace of mind because after toiling for more than six years, we are still temporary workers. We don't have a green card yet.
    Because we don't have a green card, life has come to a hold. Here's how.
    For the longest time we didn't participate in my employer's 401 K plan because we weren't sure if we will get our green card and become permanent residents and hence be able to enjoy fruit of our labor after retirement. I didn�t buy life insurance, or make long term investments for the same reason - unless we get a green card it seems like we are living in an exotic refugee camp. We haven't bought a home because our H1Bs have always been tied to a particular employer, and there is always this chance where if for some reason one of us loses our job, then we will not be able to afford the mortgage and may also have to leave the country in a matter of days, leaving no time for us to sell the house.
    Senator, where is my American Dream? Why has America created a temporary workers' program which is completely unfavorable to the worker's quality of life and long term welfare?
    My wife's H1B visa is expiring this February 2007, and since her green card was not filed and mine has no chances of showing up in that time, she will have to quit her job and sit at home - almost under house arrest. I can't even imagine what it would do the morale and self-confidence of a dignified woman who has earned her living through her hard work all these years.
    Senator, we are in a crisis.
    EB Green Card backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in this country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

    But this need not be the case.

    By passing legislation that provides H-1B and EB green card backlog relief, you will be showing your support for enabling the best and brightest from around the globe to contribute their skills and knowledge to the U.S. economy, which is good for American workers, American businesses, and the country�s long-term economic health.

    I request your support for the High-Skilled Immigrant Interim Relief Act of 2006 bill introduced in the Senate by Senator Cornyn. This bill provides relief to legal high-skilled immigrants waiting patiently for their permanent residency and gives required impetus to innovation and competitiveness in the U.S. A similar bill popularly known as the Securing Knowledge, Innovation and Leadership (SKIL) bill was introduced in the Senate by Senator Cornyn and co-sponsored by Senators Allard, Allen, Bennett, Enzi, Hutchison and Lott. This bill has also been introduced in the House by Rep. Shadegg and co-sponsored by Reps. Conaway, Doolittle, Flake, Hoekstra, McCaul, Pence, Shimkus and Tiahrt.


    I am a member of Immigration Voice, a national grassroots organization of legal high-skilled immigrants. Our organization is committed to helping the United States maintain economic competitiveness by retaining the world's best and brightest talent in the United States.

    My family and about 500,000 others are in urgent need of your action in this matter.




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  • loveiv
    07-15 12:57 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
    How is this b*** s*** related to this community?




    whoever
    02-12 08:52 AM
    no, will not move our pd. their very few nurses have pd's in previous years. you may be optimist but not because eb3 pd category will move. you will see for yourself.




    purplehazea
    06-01 12:10 PM
    Hi All,

    I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.

    For starters, how soon can we start making an inquiry of status since our Priority date is current now?

    Thank you.



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