Friday, June 17, 2011

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  • Hermione
    09-27 10:55 AM
    [QUOTE=h1techSlave;174221]"Aligning with illegals will be benefitial to us." That was the philosophy that we have been following all along. The result - you talk to an average American and he thinks we are illegals. You talk to lawmakers (IV's lawmaker meeting attendees can confirm this) and the lawmakers think we are illegals. That is why we may have start thinking of another strategy.
    [QUOTE]

    So what??? You tell them you are not, and you go on talking about what you would like to have done. Then you talk to the undocumented lobby and get their support for your bills, then they contact their sponsor Senators. I see absolutely nothing detrimental to the cause of IV that some people think you are illegal - on the contrary I see a lot of positive in it, since all of a sudden you have a story to tell.




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  • Lucky7
    12-04 01:25 AM
    I have been waiting since April 2001 for LC EB3 (India) and 4 weeks ago my Attorney calls me up tells me to see him ASAP.So i think Recruitment Instructions finally (LC was filed TR).
    Wrong it turns out it is a Analysts Review and they come up with 3 problems:-
    1. Job description 2 restrictive and tailored to applicants education and experience.
    2. Applicant cannot claim job experience with same employer for job titled offered.
    3. Wage is too low,currently making $54.00 an hour,they want $92.00 an hour.
    So after addressing the job description and job experience issues and finally get my employer to agree to wage issues and we fax the paper work before the deadline.Have not heard a single thing for close to 5 weeks now.
    Are any of you guys having problems with this issue and if so how long after did you get RI.If i dont get LC certified by end of 2007 i think any body with 2003 or earlier PD should file a class action lawsuit against DOL.
    Also what happened to DOLs promise to start a date processing guideline,which was supposed to start 1st December 2006,so we would now if it was worthwhile to change from TR to RIR.




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  • roseball
    08-07 10:37 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees

    You also need to include the filled in Form I-134.

    http://www.uscis.gov/files/form/i-134.pdf




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  • Danko
    11-27 04:26 AM
    I find that Silverlight and related .NET stuff works extremely well cross-platform. Apps like Banshee (http://banshee-project.org/) are cross-platform (really, not like Flash and AIR which suck on Linux and Mac) and work wonderfully on every platform (alright, bad example: there�s not a Windows port at the moment, because of the underlying audio libraries, but it�s all C# stuff).

    Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.
    Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.

    btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?



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  • zoooom
    03-17 01:40 PM
    As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.




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  • tinuverma
    03-17 12:51 PM
    Hello everyone,
    My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:

    The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?

    Thanks



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  • mambarg
    08-03 05:18 PM
    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    Question 11. When is an I-140 no longer valid for porting purposes?

    Answer: An I-140 is no longer valid for porting purposes when:

    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or

    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

    Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?

    Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.

    Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?

    Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?

    Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.




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  • BPforGC
    08-11 05:44 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.



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  • g03
    05-16 10:29 AM
    John Kyl from Arizona wants to put an amendment to make "current legals ineligible for this benefit for this if they go out of status from now on".




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  • gee_see
    10-19 10:54 PM
    Experts... any advise???



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  • satyasaich
    08-28 08:36 AM
    to tell you the truth, DO NOT make silly statements at all. like someone said in this forum, we ARE professionals and dignified individuals with a wide array of qualifications by virtue of which WE are doing jobs in this country. some of us are here working for more than 8 years, some others may be 3 years, some others may have just begun.
    Don't waste your time.if this country wants to loose wizards like who created hotmail or google, please let your lawmakers know that. and let me know the response you get.


    I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.




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  • vin13
    09-30 09:55 AM
    Thanks Chanduv23...this really helps to keep up the spirit.

    Does anyone know how long does it take to get the mail?



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  • GCNirvana007
    04-08 04:50 PM
    Also, did you know we have some action items? and did you notice some people donate time and money?

    Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.




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  • Juan28210
    11-03 04:11 PM
    The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.

    I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?

    Thanks!



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  • rahulpaper
    11-09 10:04 AM
    We have a very similar case as yours...No FP and RFE on AP....
    our 485 is NSC>CSC>NSC ...hence it is slow...my lawyer asked to wait for another month (60 from notice days)
    RFE on AP is processed at NSC>CSC...

    which means my 485 is back in NSC and AP is still at CSC....no connection between two applications.




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  • JazzByTheBay
    07-11 11:51 PM
    Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.

    Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...

    Not claiming to make some new discovery here... merely stating that it kinda makes sense now.

    Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...

    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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  • jfredr
    08-21 12:06 PM
    Congrats




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  • prakgc
    07-21 09:37 PM
    For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand

    Establishing completeness of records may entail preparation of a request for
    background check from an American consulate or embassy.
    The G-325A Biographic Information form must be completed by all
    applicants between the ages of 14 and 79. Clerically processing this form
    initiates a record check abroad for the applicant. This request, however, is not
    needed for all applicants. If the applicant entered the United States more than
    a year ago, the G-325A will not be processed. This limitation is imposed
    because the Department of State generally destroys the nonimmigrant visa
    application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
    green, pink, and blue copy. You will only need to use two legible copies,
    usually the white (file) and the blue (consul) copy. The only exception to this
    rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
    is required to submit a G-325A for the underlying I-130 petition. In this
    instance, you would include the pink copy of the G-325A in the record of
    proceeding of the I-130.
    Further, be aware that if an I-130 petition is included in the A-file, the spouse
    of the applicant of the I-485 is required to submit a G-325A for that riding
    petition. The spouse’s G-325A should be included in the record of proceeding
    and not processed according to these instructions. It is considered a
    supporting document and will be reviewed at the time of adjudication.




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  • piperwarrior
    08-14 02:44 PM
    How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??

    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.




    bsbawa10
    02-12 05:13 AM
    looks like this is what happening...

    They have 100's of 1000's of cases....thrown in one dark room.

    They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....

    Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.

    So, he will leave that case there, go to next one...This is just my guess...

    EXACTLY, they seem not to be organized and they do not have the will to be organized. They do not have will to find the files and they do not have will to process the case. The easiest thing for them is to pick up the file which they can grab from the top and process it if the PD is current. If you are lucky, you will get GC, otherwise , your file is burried somewhere and nobody excepting you has the desire to locate it. On the top of that , they have no accountability..nobody to check if the IO is doing the right thing or not. Nobody to check if the customer service is giving the right answers or not. Nobody to check if customer service is directing to the right people or not.




    SR2610
    04-12 04:18 PM
    There are some good and bad things.. If labor substitution is gone, less chances of fraud, most of backlogged labors go waste, which obviously reduces the retorgression. bad thing is 45 days rule, DOL itself cannot make out where the hell is the labor application, when they approved it and when they mailed it, how can they say that you need to apply for 140 with in 45 days :mad:

    -SR



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