Saturday, June 11, 2011

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  • chanduv23
    08-01 09:49 AM
    Please note the reponse I got from service center to a query sent by the senators office

    ""
    The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""

    All waiting for FP leave no stone unturned, call, take infopass, etc

    Thanks

    I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.

    I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.





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  • gccovet
    09-24 04:15 PM
    Any thoughts

    is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
    If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.

    just my thoughts, check with attorney please.

    Regards,

    GCCovet.





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  • jfredr
    08-21 12:06 PM
    Congrats





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  • guygeek007
    07-25 01:00 PM
    ^^^^^^^^^



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  • Curious_Techie
    09-30 10:12 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.





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  • ishreeram
    07-20 06:40 PM
    My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?



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  • leoindiano
    08-03 12:22 PM
    what to you mean by 485 fingerprinting?
    Is it just getting it done or any other issue relating to this...

    Just getting it done...Some os us didnt get notice at all





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  • optimystic
    09-21 11:59 PM
    Several people have said the need and craving for GC is just in one's state of mind. And that one can do a lot of things without GC, move around freely with EAD+AC21 and that even after getting GC , people who have no drive/vision/talent, will see no sudden change/bright future just because now they have GC in hand.

    I agree with all the above arguments.

    But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.


    While EAD+AC21 gives you a lot of freedom
    You still have to worry about
    - Timely renewal of EAD
    - Timely renewal of AP
    - Worry about being hassled when entering via AP.
    - Not able to do a second side job
    etc
    Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.

    Thats what GC means to me.


    On the other hand...Its just the current state of mind...

    You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'

    But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).

    Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?

    You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !

    Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)



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  • vinnysuru
    04-01 03:07 PM
    Hi Vinnysuru

    Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?

    Yes, the current visa bulletin has to show PD your date or beyond or be current!

    Otherwise, they can't request visa numbers. DOS won't issue.





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  • naushit
    02-12 03:22 PM
    Chris,

    This is what I did, I just called and told them I need to do FP, can you please schedule it for me?, and surprisingly without any resistance they just scheduled my finger prints for First week of March! (yesterday I received FP notice,scheduled for fist week of March 2009).

    I do not think without valid FP your case will pass their , "ready to approve" filter criteria.
    so get your FP done.

    Good luck,

    Regards,
    -N


    You are right. My finger prints are expired and called several times and took info pass.

    Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:



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  • Morover, Ubuntu Software



  • sparky_jones
    12-10 01:28 PM
    I recall receiving only 2 copies of AP from TSC. Is that normal?





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  • leo2606
    04-12 02:20 PM
    A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.

    Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.



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  • eb3_nepa
    04-13 11:19 AM
    I was reading this article.

    http://www.usconstitution.net/consttop_law.html.

    It's a great article and maybe we shud add it in our FAQ section.

    If you scroll down to the heading "The Bill Becomes Law"

    it says :

    Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.

    Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.

    Check this out too.

    http://thomas.loc.gov/home/lawsmade.bysec/presidential.html

    "A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."





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  • gcdreamer05
    08-05 05:11 PM
    Guys n Girls,

    I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

    I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

    Comments please.

    Thanks!

    that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"



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  • desidas
    01-23 08:28 PM
    Ramba,

    Please advise

    I dont work for my GC Sponsoring employer anymore and I dont have H1B either

    Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?

    I changed jobs using AC-21 and working on EAD now and H1B not valid anymore





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  • alterego
    05-07 07:17 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP

    A few question pop to mind here.

    1) Has your 140 been approved?

    2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.

    3) When is your EAD valid until?

    4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.

    Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
    If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
    If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
    EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
    Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!


    Good luck. Keep us posted.



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  • walking_dude
    11-27 09:24 PM
    Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.

    Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.





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  • BharatPremi
    07-11 11:18 PM
    Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.

    USCIS Ombundsman report from JUNE 2007 says:
    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
    - As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.

    USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.

    End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).

    As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.

    If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.

    If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.

    Anybody thinks the above makes sense?

    jazz

    When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)





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  • starscream
    09-16 04:24 PM
    There is a separate original thread for calls in support of HR5882

    http://immigrationvoice.org/forum/showthread.php?t=21393

    people who are calling please post replies on that thread....so that we can get a good count..instead of having 2 separate threads





    seahawks
    11-04 01:26 AM
    non compete will not allow to work with the same client through a different consulting company.





    keerthi
    04-04 03:10 PM
    Thanks for that reply. The company's business line is very niche and it started developing a technology for that niche market in India some 5 years back. I have been involved in the design and implementation of that technology right from its inception. In fact I am one of the core persons who designed and implemented the solution.

    Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.

    I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".

    Am I right?



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