Saturday, June 25, 2011

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  • poorslumdog
    09-04 12:47 PM
    did you pray for people who died in katrina? or for iraq war casualties?
    You missed the sarcasm...




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  • ryan
    01-26 03:35 PM
    Seriously, who cares that Andhra bagged 7 ranks. How on earth is it relevant to the discussion going on here? Plus this isn't a forum for Indians only(and I'm Indian).

    Stop posting these nonsense, amateur messages.

    LOL! Nicely said. Some of the "talent & skill" that move here, is just most unfortunate.




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  • luckylavs
    09-25 02:47 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.




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  • chanduv23
    12-11 10:57 AM
    Country EB1 EB2 EB3
    S Korea 1,923 7,125 4,727
    Philippines 310 2,057 5,625
    UK 3,472 2,043 909
    Canada 2,368 3,404 1,207
    Mexico 1,457 1,348 4,021

    Now the question is why is there no 7% quota for South Korea ?

    Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list



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  • kris04
    07-06 03:25 PM
    Hi, there,

    I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?

    thank you a lot!
    :confused:

    Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.

    Good luck

    HTH

    kris




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  • pbojja
    05-22 11:22 AM
    I totally agree, but as if there isnt a backlog at I-140 right now!! its been more than an year since I filed my I-140 ..I see a couple of LUDs but no approval in sight!
    Does anyone else have the same story? I-140 pending for 12+ months now(transfered from NSC to TSC last month).

    I applied my 140 on July 05 07 and still waiting , transfered to TSC last month . I guess the transfer cases box is the last one , so I guess our approvals are not insight , I beleive CIS is working on 485 cases who are current ..thats why I m all in for this rule



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  • Gurunadha
    08-16 03:21 PM
    which state your employer belongs to?




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  • Juan28210
    11-03 05:16 PM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?



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  • yabadaba
    06-21 07:35 AM
    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.




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  • GotFreedom?
    07-23 10:48 AM
    Thank you for all the responses.

    One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?

    How does one prove the legal status in the country?



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  • raydhan
    06-13 01:49 PM
    Hello everyone,

    I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.

    camberiu,
    Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.

    Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.

    You better log off and watch Brazil-Croatia in 10 minutes.




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  • vinayskadam
    11-29 08:18 PM
    Thanks for the Reply and I had called up the USCIS and they had asked me to send a letter for correcting the information. I have sent the letter now along with the supporting documents. Hope evverything goes fine.



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  • JeffDG
    01-19 08:05 PM
    You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)

    If they did, they could just invest and qualify for EB5!:)




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  • when
    02-29 10:23 AM
    The online status shows a date Sept, but my app was received in July. Is that normal?



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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • pappu
    03-17 09:18 AM
    Check IV wiki. You will find more resources on this topic.



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  • Juan28210
    11-03 05:16 PM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?




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  • samsu
    03-22 08:31 AM
    Hi,

    My Situation is very similar to above mentioned and I would appreciate if someone can give comments.

    My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
    Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.

    I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.

    Also, my old employer will most likely not revoke 140.

    Thanks,
    Sam




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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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    11-26 12:24 AM
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    sundeep14
    07-23 10:09 AM
    as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...

    on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?

    I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???



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