Thursday, June 9, 2011

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  • getgreensoon1
    03-14 02:37 PM
    All legit greencard applicants should now get together against these indian bodyshops who smoke all rules and file greencards of these software idiots in EB1 category.





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  • qplearn
    12-19 05:05 PM
    Not from the bathtub. ;)

    Post your experience with the call.
    My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).

    And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)





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  • abracadabra
    07-06 11:27 AM
    Hope others also ask some questions





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  • GC_1000Watt
    01-26 12:50 PM
    Question to Mr. President:

    In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
    And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
    Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.

    I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.

    Thanks in advance.
    One of the many a thousands of sufferer of slow employment based green card system.



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  • amitga
    10-01 12:38 PM
    When will newly elected Congress start the new session?





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  • satishku_2000
    07-27 11:49 AM
    I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .



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  • gc_on_demand
    05-14 11:27 AM
    Is there anyone out there pursuing CP and already working in the USA?

    In today's economy/job market, it is a nightmare not to have the protection of EAD.

    Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

    Any thoughts?

    Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.

    CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.

    For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.

    For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.


    Now you dont have even option to get EAD so I would say stick with CP.





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  • supers789
    10-09 05:36 PM
    Can IV core put some light on -

    Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?

    If NO, any way to add that in?

    Thank!



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  • Pagal
    11-22 04:08 AM
    Hello,

    FWIW do check if you need to change terminals ... now most international connections are managed through Terminal 5 (where you don't need any visa as you move from one gate to other) ... if you do need to change the terminal, then its a different story...





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  • belmontboy
    01-12 06:05 PM
    Its official - "FloridaSun is a moron"!



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  • qasleuth
    09-21 10:35 PM
    Anecdote: An acquaintance of mine was married for a year and then they had marital issues. His spouse started living separately here in the US and then went back to India. The guy went to India on a trip to see his ailing father. His ex-wife's parents filed a harassment/abuse case against him and he ended up being there for 2 years. In that period his 485 was considered abandoned inspite of being in the country for more than 10 years.
    I do not know the exact reasons for their marital discord, never asked and never judged.

    The one thing which this country should teach is not to judge another person. No one has the right to insult/judge another human being without knowing the facts. Even if you do know the facts, you have absolutely no business to talk nonsense. Just farting out of your mouths anonymously on a public forum does not make you wise or a person of character. Shame on the low-lives who made ugly comments about OP.





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  • a_yaja
    07-07 09:48 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    Depends on a lot of factors.
    1. Under what category are you planning to file for I-140?
    - EB1, EB2 or EB3?
    2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
    3. How far are you from the 95% difference from your current salary ?

    The reason I ask is this:
    If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

    If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

    If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

    IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

    Ofcourse, this is only my opinion and not legal advice.



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  • sanbaj
    07-25 04:22 PM
    GC_Wait2002,

    I see your situation. I have recently got my I140 Interfiling approved. My case was simple EB2 to EB2 with the same company. As your EB2 I140 is approved now, but EB3 I140 is still pending. therefore, I am not sure you can Interfile. Logically, you should be able to as in Interfiling one is just requesting to conider another approved I140 and that is exactly what you will do. Check with your lawyer or the lawyer thread on IV. I wrote the text of the document which my lawyer filed at: http://immigrationvoice.org/forum/showthread.php?p=233421#poststop. You or your lawyer can use that to draft your letter.

    Please consult a Interfile cases experienced Lawyer to make sure that the right thing is done at the right time.

    Best of Luck.





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  • GB2India
    08-19 01:09 AM
    thanks, it is in the same company and is promotion to manager



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  • saps
    03-16 06:44 PM
    On a second thought, since your spouse is filing through ROW, he/she will get his/her greencard faster than you so yeah, you can use your's spouse's I-140 approval and PD to file as a dependent on that application. So please ignore my previous post. I am not aware how I-140 interfiling is done for husband and wife so won't be able to help much on that.
    Sorry for the confusion.





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  • kukitron
    08-07 09:01 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron



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  • snathan
    02-15 12:56 PM
    And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.

    OP Inquired about the process does not mean that he is Involved in the process.

    You didnt read his other posts where he was asking about the job ads....





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  • gk_2000
    02-15 03:24 PM
    Time to pick up the patthar (stone) in your hands.. let the fun flow ! :D





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  • uslegals
    11-26 05:05 PM
    congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!





    h12gc
    06-25 05:52 PM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc





    satyasaich
    06-26 01:32 PM
    EAD Efiling was done on Monday 06/23, but haven't used AC21 till now.
    But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
    I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC
    Did you report that you used AC-21 to USCIS? If so, then it might be triggered a LUD in your 485. Nothing to worrry.



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