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  • sanprabhu
    05-15 12:05 PM
    What we need to do is to send a distinctive post cards to all the members of the congress by all of us that means each of us sending a post card each with our address and phone numbers.

    The post card should contain
    - IV logo and what we are
    - What we want from Congress in very simple term
    - What we will happen with the reforms

    So if we can get the portion of the money collected to create these postcards pre-printed with congressional office address addressed to each member and then IV members should send a request to the send the package to them by sending a money say $25.

    Once the member recieves the package then prints the name and address and just attaches a stamp and sends it by mail to congressional office in DC on designated week.

    I believe we get a bang for the buck if these postcards arrive enmass at one time and create more awareness to our plight and hopefully create a media sensation (similar to flower campaign).

    In each of the case of our victory came by some mass mailings either flowers or letters.





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  • jlt007us
    09-14 01:24 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    The company is very healthy financially and has around 100 employees on payroll. They have successfully processed many GCs for the existing employees in the last 3 years. The irony is one of my friends that filed with me on the same advertisement and profile got his GC 18 months ago!!





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  • sweet_jungle
    01-10 04:39 AM
    I am interested in exploring the AC-21 option.
    My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.

    Any recommendation for AC-21 attorneys?

    Can an attorney force me to file AC-21 even if i dont want to?





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  • santb1975
    05-15 07:53 PM
    Let's not lose momentum here



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  • chanduv23
    06-18 02:24 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?


    Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section





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  • gc28262
    03-25 03:33 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.

    BTW isn't I-485 for a future job ? How does the current work location matter ?



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  • mbartosik
    04-29 12:26 AM
    Prepare your evidence, this will include pay slips, emails, etc., write down a statement of facts, if you want to go the extra mile find the relevant parts of the statute (go to thomas.loc.gov and/or dol.gov) that ban the behavior where employer broke the law and print that out too.

    Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.

    Of course you want to make sure that no longer working for that employer does not put you out of status.





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  • neoneo
    07-17 12:26 AM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?

    Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>


    check it out with ur attorney.



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  • arc
    05-18 03:16 PM
    http://chugh.com/





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  • prabhu07
    05-21 11:44 AM
    @gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.

    @surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)



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  • Houstonguy
    07-15 03:50 PM
    Hi Guys, I am in Houston.





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  • diptam
    06-24 06:34 PM
    I can't answer your 1st question but you can spend a day and get a new Passport from NY consulate in the same day....

    I also did the same thing last week - my old passport is valid for another
    9 months but 485 takes long time and by that time if my PP No changes communication that is again a hassle.

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.



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  • roseball
    01-17 11:11 PM
    Hey All,

    I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

    Recently, I got my H1b visa extension until 2012.

    I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

    I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

    I do hav an employment verification letter obtained from my manager at end client "X".

    I am planning to do my visa stamping while in Mumbai. I have 4 questions :

    1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
    do you recommend me to go to Mumbai for new visa stamping ?

    2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
    Any advice ????????

    3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

    4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

    I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.

    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.





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  • falarcari
    04-05 09:31 AM
    Хеллоу all!
    Посмотрите на сайт:

    Наша типография не обошла стороной перенасыщенное офсетное производство и используем офсетную печать для дальнейшей обработки изысканными видами печати. Голосовые смс представляют из себя ничто иное, как небольшой озвученный текст, записанный в музыкальный файл. Добро пожаловать в мир советских открыток! открытки с юбилеем 35 (http://lintoncnoo.narod2.ru/part2/otkritki-s-yubileem-35.html)

    Когда последний раз вы сами их подписывали? А вот если к нему будет прилагаться милая открытка со словами, которые будут идти от вашего сердца, то ваше поздравление уж точно запомнится надолго и будет действительно индивидуальным. Тебе, его просто выпихивают из гнезда, полетит - не полетит, разобьется - не разобьется. поздравительные открытки из бумаги (http://omegaewaldjk.narod2.ru/part5/pozdravitelnie-otkritki-iz-bumagi.html)

    Рассмотрим несколько критериев, которым должна соответствовать типография. Пусть в этот чудный праздник, Пусть в эту волшебную ночь Под звон фужеров хрустальных Уйдут все невзгоды прочь. Виртуальные открытки электронные открытки влюбленных или годовщину совместной канцелярские товары, керамические горшки все виды печатных работ. mms открытки с днем рождения (http://jodiwet99bc.narod2.ru/part5/mms-otkritki-s-dnem-rozhdeniya.html)


    Прошу прощения, если написал не в ту тему, коли так, плз, непеправьте в нужную тему...
    _______
    Спасибо



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  • pcs
    01-01 08:46 AM
    Thanks for the info but my question is about multiple I-485 filing...

    Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?

    Thanks





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  • Ann Ruben
    07-23 11:37 PM
    The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.

    USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:


    "Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
    Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).


    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"


    The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.



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  • nandakumar
    05-02 01:26 PM
    Congrats,

    Great show. we need to keep up the media attention, it will help us to get more members.





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  • pappu
    11-28 10:51 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?
    Dates would move forward depending on the increase in numbers.

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
    Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.


    What will happen to the “Rest of the World” category? When do you think they can expect results?
    Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
    YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP


    Great Answers Logiclife. A lot of us think that by passing the skil bill etc our problems will be over. While this bill or provision is very critical for ending retrogression we have a few other issues at hand in order to make the green card process smooth for our members. getting the bill passed is our first and important task. BTW FYI, it was due to IV's efforts the hard country cap for the EB category was removed from the CIR bill. With hard country caps, EB immigrants especially from India and China would have been still retrogressed. We will have to work hard again when the new bill comes up and look for any such provisons like hard country quota that may hurt us.





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  • gc_relief
    04-27 02:22 PM
    Hi Gurus
    I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
    other options left for me?

    Applied for H-1 extenstion Feb'5 2009
    RFE Date - Mar' 12 2009
    Denial Date - Apr'24 2009

    I797 Expiry - March'31 2009





    digital2k
    08-06 12:39 PM
    *





    ItIsNotFunny
    09-22 05:06 PM
    Spoke to Aide of John Conyers (D-Mich.), Chairman

    He is in Favor of the bill so do not call him

    And yes I gave Green all those who got Red dots for motivating people :)

    I believe people not in favor should be called first but also call people in favor. Sometime few calls from antis can force them changing their view.



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