Saturday, June 25, 2011

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  • kirupa
    03-05 11:10 PM
    No problem Ames. I have split your entry into its own thread.

    :)




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  • Pineapple
    10-10 09:44 PM
    Yes, I did. That is how I came to know that I had to send the card back, with a fresh I765 (but no fees), and a letter explaining the error (as it it wasn't obvious).. my worry was (still is) that my application would join the pile of applications, and would sit there in the bottom.. another potential wait of six months..
    So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.

    Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
    , and she promised to take care of it.
    Will post if it works out well.. :)




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  • ilikekilo
    07-21 10:43 AM
    I still can't imagine Sen Hillary Clinton did not support legal immigrations..hmm, may be when we send it to Obama, he can take it up with his opponent to get her support too.. who knows, it is all a tricky issue

    seahawks - obama did not even vote...smart...




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  • amitjoey
    05-19 04:45 PM
    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.

    Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

    The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
    These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
    http://www.brama.com/news/press/010405_lifeact2000.html

    Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.

    Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.



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  • Sandeep
    02-16 05:32 PM
    Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota




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  • mmrao2007
    07-30 03:14 PM
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
    With the way things are going we never know :)



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  • prem_goel
    01-29 11:02 AM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?

    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P




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  • prakgc
    07-21 09:37 PM
    For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand

    Establishing completeness of records may entail preparation of a request for
    background check from an American consulate or embassy.
    The G-325A Biographic Information form must be completed by all
    applicants between the ages of 14 and 79. Clerically processing this form
    initiates a record check abroad for the applicant. This request, however, is not
    needed for all applicants. If the applicant entered the United States more than
    a year ago, the G-325A will not be processed. This limitation is imposed
    because the Department of State generally destroys the nonimmigrant visa
    application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
    green, pink, and blue copy. You will only need to use two legible copies,
    usually the white (file) and the blue (consul) copy. The only exception to this
    rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
    is required to submit a G-325A for the underlying I-130 petition. In this
    instance, you would include the pink copy of the G-325A in the record of
    proceeding of the I-130.
    Further, be aware that if an I-130 petition is included in the A-file, the spouse
    of the applicant of the I-485 is required to submit a G-325A for that riding
    petition. The spouse’s G-325A should be included in the record of proceeding
    and not processed according to these instructions. It is considered a
    supporting document and will be reviewed at the time of adjudication.



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  • acepb
    04-16 12:06 PM
    ...on your news...and thanks for your continued commitment to IV!




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  • jthomas
    06-12 12:49 PM
    Your next step would be to copy this and post it in anti-immigration site. Go ahead.... I have seen my suggestion being copied and posted in anti-immigration site.

    Thanks for finding this out. Anyway, who in hell would file for a labor certification when companies are laying off. As per the rules companies cannot apply for labor certification for 6 months from last layoff.

    Don't try again

    J thomas



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  • walking_dude
    11-25 06:01 PM
    To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.

    It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.

    I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)

    Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.

    If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.

    If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.

    I am confident that we will make it a success with your support.




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  • keerthi
    05-13 02:26 PM
    Many thanks for that reply.

    My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.

    I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.

    But, can we apply for a H1-B when my L1-B is pending in the AAO?



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  • chanduv23
    09-29 03:37 PM
    Hope there are a few more approvals today and tomorrow before dates retrogress...

    I would say "no hopes"




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  • pankajkakkar
    03-05 07:09 PM
    Please email me (kakkar_pankaj@hotmail.com) and I'll try to get us co-ordinated.



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  • permfiling
    01-22 01:30 PM
    ^^^^^




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  • xu1
    08-24 12:20 PM
    Interesting.. I followed the link and got the following numbers of EB AOS for China, India and World as a whole..
    I didn't look at the CP based EB numbers.

    It seems 2005 worldwide has used up all unused 2003 visa numbers.

    EB1 EB2 EB3 (excluding other EB3)

    2005
    CH 6,422 9,346 4,761
    IN 6,336 16,687 23,399
    TOTAL 66,344 43,412 117,156

    2004
    CH 3,939 6,686 4,190
    IN 2,998 16,262 19,962
    TOTAL 31,140 32,711 84,767

    2003
    CH 1,654 2,613 2,619
    IN 1,266 8,536 10,680
    TOTAL 14,700 15,604 44,555

    2002
    CH 4,239 10,518 4,684
    IN 2,820 21,310 17,428
    TOTAL 33,922 43,390 83,767

    2001
    CH 6,482 11,666 4,604
    IN 3,543 21,355 16,405
    TOTAL 42,997 44,949 85,438

    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html



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  • piyu7444
    04-01 10:07 AM
    Thanks IVVM for your reply.

    Anyone Else has any views/answers? Just want to have opinion of more people...........




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  • 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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  • mrdelhiite
    08-08 07:59 AM
    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......


    Thank you.

    -M:)




    BharatPremi
    10-19 01:40 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help

    My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.

    Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
    your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
    overall job market if DOL has made prevailing wage say for an example "$74K" for the
    same job code now then what? In this case should your AC21 be denied or accepted? If
    some expert can guide us, we would highly appreciate for this scenario.

    Notes:

    1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
    to current wage and 20k bonus if I can.
    2) Geographic location should not matter while changing the employer.




    InTheMoment
    07-19 10:47 PM
    srarao,

    Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?

    The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
    The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.

    Hi
    Any guys with RFE on this



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