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  • ash0210
    03-21 05:40 PM
    sent PM to ALL Columbus, OH guys...Nat23, riazahamed, martinez43123, probe!! Hope, someone will definatly respond....If no one responds, I will meet alone along with my wife (possibly with kids, if they are not in school!)

    also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)

    Waiting for their call...

    Thanks for doing that.

    State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.

    However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.

    So go alone if there is no one else in your district to go with you.





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  • sanju
    09-09 10:50 AM
    My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.

    It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.

    It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.





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  • alex99
    07-13 03:09 PM
    The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!





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  • lazycis
    02-28 12:29 PM
    Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

    Please share your thoughts on this.

    No, because those cases are not outside of processing times.



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  • MDix
    02-11 01:58 PM
    That's absolutely right.
    I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.

    So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
    This is just my thought!


    Thanks,
    MDix





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  • americandesi
    10-11 05:56 PM
    One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.

    Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.

    This is indeed an acid test for small employers.



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  • Kitiara
    02-07 09:50 AM
    Either the beautiful princess or the wicked witch. Jury is still out on that one. :P





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  • PD_Dec2002
    06-19 03:04 PM
    You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....

    desi3933 and WillIBLucky:

    My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.

    It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.

    Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".

    Having written all this, please check with your own lawyers and do what they advise.

    Thanks,
    Jayant



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  • ashkam
    03-26 02:06 PM
    I don't see what's wrong with this requirement. It's always been a requirement in PA. If someone can't produce an employment letter, it's probably because he is on the bench or unemployed and that makes him out of status. If you are out of status, you are ineligible for a driver's license.





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  • kumar1
    08-21 05:46 PM
    When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).

    What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.

    Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -

    1. Interfile is a tricky process. If you could avoid it, avoid it.
    2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.

    Negative point of this route is - you need to make a trip to your home country on a short notice.

    Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.

    Hi All,
    I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

    i have just once concern (well more of clarification than a concern):

    - if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
    - if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

    i may have few terminologies wrong so apologize for that.

    will appreciate a response.

    Thanks



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  • AUG2005GC
    08-22 12:02 AM
    I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

    I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
    Filed 485 in July 2007 & got EAD/AP.

    Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

    Filed EB2 labor in March 2009, Got approved in Jan 2010
    Got EB2 I140 approved in March 2010
    Late March Case transferred to Local Office.
    Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
    Date got current in July.
    - Call multiple times 800 number only standard response
    - Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

    I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

    Best Luck!





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  • chanduv23
    08-31 08:32 PM
    I have now stopped getting phone calls from friends, when I call them they talk to me but divert the topic when I talk about the rally. Many of these people are in real tough situations facing layoffs etc.... but still just do not want to talk about it.

    Immigrants are now turning out to be anti immigrants?

    A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?

    It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.

    Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.



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  • JunRN
    12-29 04:42 PM
    The problem really was that IOs are not properly briefed on AC21. There are some cases where they have to ask their supervisors about it. What if the supervisors are also not familiar with AC21?

    As others are saying, IOs will soon gain more knowledge on AC21 as many will use it due to the retrogression. Until that time, it is risky.





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  • gc_on_demand
    05-15 11:26 AM
    Right now for all bills that Zoe proposed there are max 19 co sponser for this last bill. DID you check for STRIVE ACT 2007 which had 78 co-sponsers still could not make it to floor.

    We need to call these lawmakers and educated them on these bills.

    Chances are less but our investment is not that big. Few minutes in a day to call or write.



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  • ashshef
    11-02 03:48 PM
    I guess might as well as pitch in.
    EB2I - 0-2 week movement forward.
    EB3 - Has anyone ever been able to predict these? Does even USCIS have any idea where EB3 should be?





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  • ajay
    11-26 09:01 PM
    Thanks IV for the update.



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  • amit_p27
    06-26 12:32 PM
    Dont mean to flame you, but you say that you are not a crab and the next moment you bring up religion, faith, Indian etc and associate that to IV's
    goal.

    Whats wrong in that are they not the guiding principles of living life. when we all get angry about not getting the GC, this same faith and values keep us sane. I associate these with IV so that God can give them strength to succed. we will give our donations to support that.

    other news, I hope, we will have this bill passed............





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  • roseball
    08-23 03:50 PM
    Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?

    My PERM was filed on 30th March, approved on Aug 11th, received approval copy on 18th Aug, and I-140 to be filed this week.

    There was a lot of prep work involved before filing PERM in March. My employer agreed to start the process in Oct'09 and the lawyers started the ads in early Jan.





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  • GCaspirations
    10-03 10:30 PM
    GCaspirations...
    How do yo uknow ur app moved from nsc to csc etc.. when you havenot got anything...other than just the lud on uscis website...
    can u pl clarify?

    I got transfer notice. Also LUD on the website.





    dupedinjuly
    07-13 04:44 PM
    DREAM act does not benefit Highly Skilled Immigrants in anyway. Let someone else lobby for it. If you think there is something important that affects/benefits us, then please post that.





    undertaker
    05-17 06:26 AM
    What is the white man's (Europeans and others) visa to America then? I don't see any other ways people can come here on the same conditions as the H-1B visa.
    Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.