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  • pointlesswait
    02-13 10:06 AM
    i spent around 3000$ for studies, could get only 2000$ under lifetime...

    is there anyway i can claim the entire 3000?





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  • black_logs
    11-07 03:50 PM
    Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
    This is the 'A' of ABCD of Labor application if your employers doen't understand it than......



    Folks,

    I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.

    My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.

    Labor approved
    Applying for I-140
    Priorty date 10/2002
    ROW

    Thanks again





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  • rameshk75
    02-12 03:14 PM
    Am working for a GC sponsoring company and applied for 485 in August 2007 and received EAD, AP etc...

    Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.

    Pls suggest the possiblities..





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  • theOne
    05-24 01:15 PM
    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

    Thanks,
    theOne



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  • dan19
    08-28 03:16 PM
    My lawyer is arguing that a MS degree in CS would be sufficient evenif I don't have a BS CS degree.

    I didn't realize my attorney was too incompetent when I hired him. The sole purpose of appointing an attorney was to make my life easy. Rather he is giving me a hard time.


    Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.





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  • gconmymind
    11-14 12:18 PM
    Thanks for your prompt response.
    - still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
    That is what alien number means in English ? Sorry.
    You are still not an immigrant. You are currently in Adjustee status. You will become an immigrant when your 485 is approved. Goodluck.



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  • boston_gc
    09-24 08:21 PM
    If you need to retain your PD, does the job description need to be similar or can it be different?





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  • uslegals
    08-20 04:12 PM
    Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!



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  • Sarathy
    02-03 10:13 AM
    Will Tri-Valley University questions be answered? A few of us have questions and need advice.





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  • pappu
    02-11 11:22 AM
    Pappu,
    I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.

    I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
    or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.

    Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.

    When they see it as their own effort they will participate more actively and make IV their website to go to and participate.



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  • Winner
    06-17 05:18 PM
    I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.

    I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?

    Welcome to IV.





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  • sunnymit
    02-18 03:35 PM
    Thanks everyone for your responses... I guess I have some thinking to do to see if I can get upgraded to EB2.



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  • Sreenuuk
    08-07 09:30 AM
    Admins Please delete the thread.





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  • theconfused
    04-02 06:39 AM
    1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.

    2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.

    3) Don't lie on visa application i.e. Form DS-160.

    4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.

    5) Case Status Report on the embassy website may or may not hold the updated information.

    6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.



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  • butterchicken
    04-28 02:10 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.





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  • sc09876
    08-17 03:17 PM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present

    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years

    You dont say your category. I am assuming this is EB2 for which such denials are common place these days. Pls update your profile.
    Long story short, it is on the education evaluation mapping to the requirements of the PERM position. Bachelors Degree in computer science means a 4 Year under graduate degree in US in the field of computer sciences or its foreign equivalent. USCIS does not equate 3+2 > 4. It may work for H1 petition but definitely not filing a 140 in a EB2 category

    That you dont specify what kind of 3 year degree you got is another matter.

    You need to consult a good attorney for options assuming that it is your attorney who got you into the trouble in first place by not making sure what is advertised for is what you got.

    go to Murthy or Shusterman or Ron. I dont hold brief for any one, but all of these are experienced enough to have handled similar cases. Dont rely on people's suggestions here. I dont mean to demean people who offer suggestions in good faith, but what worked for some one may not work for you.



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  • saketkapur
    04-11 06:39 PM
    dude I am in a similar position.....got laid off on march 27th.....got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......

    Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD

    Is your case in TSC?
    Are you US educated?
    Did you file G28 recently?

    Just trying to find a pattern here.........

    regards
    Saket





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  • SmSm
    06-04 08:40 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV





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  • caydee
    05-26 03:47 PM
    Just a thought, folks!!!

    It would be beneficial to analyze web immigration articles and post your valuable comments. Any visa number analysis is pure speculation. Let us make ourselves heard. To begin with, please visit the following web pages ....

    http://www.usatoday.com/news/nation/2007-05-26-immigration_N.htm#uslPageReturn
    http://www.townhall.com/columnists/PhyllisSchlafly/2007/05/26/senate_immigration_bill_is_a_sellout,_not_reform?p age=full&comments=true





    quizzer
    12-19 02:17 PM
    you mean ex-employee on his current employer's letter head? does it work?


    Yes. It will work.





    andy garcia
    06-27 01:19 PM
    I-140 approval with 6/06 as PD for EB2. But the notice says that the information submitted with the petition shows that the individual may not be be eligible to file for AOS at this time. Additional information about eligibility may be obtained from local INS office?? Is this how the approval should state

    Do not worry.

    At the time of approval your PD was not current, which is until Jume 30.
    After July 1 you can apply for AOS.



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