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  • ssnd03
    02-19 10:09 PM
    Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.

    If this cannot happen for you then you should look for a change towards this provision.

    But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.


    Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.





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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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  • eastindia
    04-22 09:36 AM
    H1Bslave you have no idea what you are talking about. Find me a single Senator who is opposed to illegals and favors legals. By Legals I mean H1Bs like you and me. Ask that Senator if he supports H1Bs completely.

    Or find me a bill that opposes illegals and fully supports legals ie; H1Bs like you and me.

    This is a challenge for you.

    I hope your slave mentality has enough wisdom to answer rather than asking your master who has exploited you so much that you have lost your rational thinking.





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  • ramus
    06-28 08:22 PM
    I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..

    Please answer it now..



    if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?



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  • eb3_nepa
    03-16 12:03 PM
    Wow, i hate to say this, but doesnt this feel like S-1932 all over again?:)

    Thank God this time we are more organized and have QGA on our sides. Btw Communique, i like ur approach.





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  • spicy_guy
    11-04 01:29 PM
    For those of you celebrating the defeat of Democrats because they sabotaged CIR due to the "path to citizenship" it's time to get real. Conservatives (both Dems and Repubs) are more than comfortable shutting the door to ALL immigrants. Don't fall into the trap of anti-immigrant legislators, don't let them turn this into a wedge issue.

    I agree with this 110%. Reps are more conservative. They don't want any non-american in this country. They would just say "GC or what.. Get the hell outta here".

    Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.

    As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.

    What to do now? Looks like another 2 years tacked on to the wait from my perspective :/
    Another 2 years., and another year after and an year after... come on guys....



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  • rajeshalex
    08-05 09:44 PM
    PD Dec 2004 /EB2
    140 pending since July 07





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  • Canadian_Dream
    08-20 04:21 PM
    When did this happen ? Employers can't do any substitution after July 16 nor can they barter or get paid for it anyway.
    Try the following:
    1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
    2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
    3. Keep back-ups of all documents in this regard.


    This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.

    I guess this link is for H1 violation.

    I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.



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  • sbeyyala
    05-22 03:44 PM
    I guess this bill passage is a trigger to all skilled workers to do the following.

    Option-1: Become Illegal and get a Z visa.

    Options-2: Go back to home land and live with dignity and peace of mind. (This is the option I would take). I am thankfully to the congress for helping me to make a decision, rather then wait for life time.

    Options-3: Re-apply in merit based system and wait in line for 4 to 5 years, until some other similar bill comes and says you to restart again in some other system.





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  • pd_recapturing
    08-11 10:42 PM
    My Job duties on labor says
    "Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
    The title in labor is "Software Engineer"
    Now the new job offer has title as "Lead Developer"
    and duties are
    "The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
    Can somebody comment on this in context of same / similar job?



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  • DoggyStyle
    07-21 08:38 PM
    The host would ask u to introduce yourself and ur phone
    number. Ur accent and name expose yourself. They record ur info and deport u if u r on h1b. Antis know a lot of h1b get layoff lately.

    Be careful, it would be a prank call.





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  • happystar
    08-01 09:39 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!



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  • PERM12
    07-22 01:34 PM
    This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language

    I hope we keep our dignity and self respect





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  • NH123
    05-15 12:02 PM
    Case Rejected because of Incorrect Fee

    --------------------------------------------------------------------------------

    I am asking this question in this thread as i dont know how to start new thread.

    Hi

    My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
    ------------

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case Rejected because of Incorrect Fee

    On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.

    ------------

    Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...

    The question here is:

    1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case

    2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?

    I am confused...

    Appreciate your inputs

    Thanks



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  • mmj
    04-21 09:01 PM
    Any means of sending this would be helpful. Lets make it as easy as possible for people. For now - lets see if we can get over a 1000 people to do this.

    Ideally in addition to posting your letter on www.WhiteHouse.gov/Contact, it would help if you send a letter to your Senators office as well.

    Instead of sending emails, wouldn't it be better to send USPS mail or faxes?

    I have sent electronic forms to state senators & whitehouse.gov.





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  • aroranuj
    04-16 12:28 PM
    Can anyone please give any advise/ideas on how to deal with this?

    Thanks.


    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.



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  • RajForGC
    06-07 12:02 PM
    Friends,
    EB3 - Perm May 2005, Sep Approved, 140 Approved Jan 2006

    Eb2 - Perm April 2007, May 2 Perm Approved, 140/485/765
    filed May 18th, 140 Approved 23rd May, Finger Print Next week.
    So, My question is , if this Bill get pass then do I have to reapply again. If then my employer will send me home rather than doing so. Please2 let me know.
    Thanks





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  • speddi
    05-05 02:56 PM
    Hi,
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.



    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?


    Thank you everyone..





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  • willwin
    06-05 02:40 PM
    Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(

    Rapid movement helps only two categories of people.

    1. People on the 485 queue who have plenty of luck to get their application picked up for approval as it happened last July-August.
    2. CP guys.





    vbkris77
    06-01 07:53 PM
    Done..





    hiralal
    05-29 11:29 PM
    +1 one from me, why can't we pass this to all US friends as a forward?
    done