Thursday, June 23, 2011

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  • eb3retro
    10-19 02:52 PM
    EAD or Advance Parole?

    E-filed on July 17th (NSC)
    Received Card mailed e-mail today (Oct 19th)





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  • purgan
    02-20 03:10 PM
    Good find.

    Maybe this will help the struggling economy....Greenspan said last week that we need to allow immigration of more skilled workers to stave of recession

    One thing the country could do to improve things is to allow more immigration of skilled workers.

    "Significantly opening up immigration to skilled workers solves two problems," he said. The companies could hire the educated workers they need. And those workers would compete with high-income people, driving more income equality, he said.

    http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/021508dnbusgreenspan.c1d69e5d.html





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  • jthomas
    07-19 11:19 PM
    Start looking for another job. Get back to H1B and get your wife back on H4. there is nothing as important as personal life.

    If you need help in finding a new job mention your skills in this thread maybe someone can help you.

    Act fast





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  • aroranuj
    04-20 07:26 PM
    Can someone please shed some light if my attorney is heading in the right direction?

    Thanks,


    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.



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  • 485_se_dukhi
    09-19 08:32 PM
    I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA



    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............





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  • BharatPremi
    11-06 10:43 AM
    Guys,

    I had INFOPASS appointment today. We reached 15 minutes before scheduled time. 8101 N Stemmns Fwy - Building does not have visible number "8101" but large "Department of Homeland Security" board is easily visible. At the entrance we showed our infopass appointment letter and Guard told us to stand in a queue behind racks. I saw 2 different queues nearer to Window so curiously I asked the fellow who was right ahead of me and he told me that the queue where we stand is meant for people who have not taken appointment and other queue right across the window is meant for people who have taken an appointment. There are no sign boards for these 2 different queues. Guard misguided us so all in all we wasted 5 to 7 minutes I came out from that queue and stand in the right queue again. At the window I was asked for Driving license and purpose of the appointment. I showed driving license and told we filed AP in July, 1* but have not received it. He demanded I-131 receipts and I represented them. Then he gave us tag numbers for all family members including myself. Then we moved towards the main entrance of the bulding. Guard instructed us to remove wallet,pen, anything we had in our pockets, purse,belt etc (Cell phones are not allowed inside the building) and put in one bucket which was scanned through the machine like available on airports. We had to walk through metal detector and then took possesion of our belongings and then waited in the waiting room for approximately 15 minutes. As our tag number appears on the electronic board with assigned counter number, we went to the counter. Lady officer greeted us and asked the purpose of the appointment and again I represented infopass appointment letter and I-131 receipts and told her that I have not received our advanced parole yet although we filed on July 1*. She dived into her computer and said your all Advanced parole are already approved on 10/1*/07 (Which was the date of first (And only one) LUD on our APs) and already mailed to you so she can not issue either "Original" or "duplicate" Advanced parole. According to her I should be receiving them any day now. She herself wanted me to give me the info about EAD status without myself asking so I told her that we already received our EADs and then she asked me, do I have any question for her and I said yes, what would be our name check status and she again digged into computer.According to her my Name check is still pending and I should inquire again after 4 months by taking another infopass appointment. Upon my further digging she told me that if everything is "generally clean" then 4 months is a standard period to get name check clear so she suggested me "inquire after 4 months". According to her my family has already cleared name check.

    Thanks.



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  • prout02
    08-17 10:27 PM
    After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?

    1. Wrote to my state's senators
    2. Wrote to Ombudsman
    3. Wrote to my Congressman
    4. Wrote to the President
    5. Have opened a SR
    6. My attorney is taking an Infopass appointment to see why it is stuck.

    We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.





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  • Pallavi79
    01-11 02:13 AM
    <Quote>About point 4, I am trying to find a hospital that would provide a payment plan in Dallas area.</Quote>
    I believe all hospitals provide payment plan.



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  • anilsal
    12-20 12:45 PM
    Great news! I was never on H4 so it does not really affect me. But any good news for skilled immigration is good news.

    Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?

    Plus the 5 year EAD....





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  • inskrish
    08-20 10:01 PM
    I'm sorry to hear this...Its happened...
    if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....

    There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...

    I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....

    Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....

    You lost one of the major milestone in your life...never give up this time....

    Best of luck

    This is really a good advice. Yes, it is important that you make sure there is no threat to your job or H1B visa. Once you are at a safe position, then roll up your sleeves and show your power.

    Regards,
    IK



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  • sroyc
    11-30 12:18 AM
    People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?


    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.





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  • nixstor
    12-13 09:13 PM
    IMHO "legally" exploiting the system is illegal. I don't blame the system because any system will have some flaws in them. I would rather blame people who take advantage of situations esp in scenarios like this. We all know how much time some people has waited here. We heard a story on Monday right? Have we already forgot that? IV's goals and objectives are clear on its home page. Here comes the OP, registers himself and comes up with his first post of Labor substitution and how to better himself. I don't see any thing wrong in pete getting fired up. This exact attitude is the result of 6500 members and not 25,000 or what ever.

    >>it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.<<

    If I was judging you I would have concluded that you support what the OP is doing and wouldn't asked you what your stand is. It depends on how you understand what I said. Those NASDAQ listed companies you were referring to might have substituted labors but I am sure they wouldn't charge X dollars for giving a better PD or deduct from payroll under some other miscellaneous stuff. I am aware of what you are talking and what OP is talking and they are not the same. I don't need to explicitly tell how desi shops work with
    pre-approved labor, esp in the current situation.



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  • keshtwo
    08-09 08:21 PM
    Yeah! DOL & USCIS tightening screws everywhere..





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  • pappu
    11-02 02:58 PM
    Questions for everyone to research and post the answers------


    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.


    I will repeat again that I said earlier.

    Again, do not quote some lawyer's opinion on this issue from his/her website.



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  • vinabath
    06-20 09:12 AM
    I do not think there 100K people in 2006+2007 PD. Thats a wild assumption. There is only 65k quota. I think 30K or 40K labor approvals during 2 years makes more sense to me.





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  • arc
    10-02 02:27 PM
    Whose case was transferred from NSC to CSC and back have got their Finger Printing Notice? (Any other dates/category does not matter)

    PLS PLS LET US KNOW!!!



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  • grimreaper
    05-29 10:10 PM
    Great!!





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  • lazycis
    01-26 07:13 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.

    That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).





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  • GotGC??
    03-27 12:04 PM
    Anyone in the Bay Area planning to meet the local law makers? I'd like to join.





    greensignal
    11-10 11:13 AM
    Yes. I did check with me lawyer. She didn't receive yet.

    Ok. Try this:

    If you have created a login as customer in USCIS website at @ https://egov.uscis.gov/cris/jsps/index.jsp.

    As soon as you log in you can see the last updated date of your case.

    You may atleast know if something changed on your cases internally based on this LUD

    Good Luck.





    Berkeleybee
    03-09 04:46 PM
    Report back
    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
    Bluekayal

    Great summary Bluekayal!

    A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]

    (1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.

    (2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.

    (3) Background checks
    (a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
    (b) FBI conducts a finger print check
    (c) FBI conducts a name check.

    So I don't know what she meant by FBI can do it. They already are.



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