invincibleasian
02-20 06:34 PM
I used the data from this webite to apply for FOIA for I-140
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royus77
07-12 06:58 PM
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
konga1978
01-22 10:34 AM
Hi friends,
I live in weston (south florida). This thread is effort to gather as many as we can from south florida, help and bring awarness regarding Green Card processing to make things work faster.
Cheers,
Naveen
I live in weston (south florida). This thread is effort to gather as many as we can from south florida, help and bring awarness regarding Green Card processing to make things work faster.
Cheers,
Naveen
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sareesh
04-21 12:12 PM
I understand your problem with moving dates slowly but did not follow your problem with porting.
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
more...
kaisersose
05-30 10:17 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
joeshmoe
03-24 04:13 PM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
more...
yabadaba
12-05 08:24 AM
the main thing goes back to what sort of a person becomes a lawyer...mostly those are people with stupid liberal arts degrees in history or sociology. then they decide to do law. if they get into a top tier school a majority of them will practice corporate or tax law....the ones that practice immigration law are from the worst tier of universities or the ones that were in the bottom end of the class. some of the lawyers practicing immigration law went to night school for their JD. they are more incompetent than any of us be it bachelors or masters degree from anywhere.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
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akkakarla
08-16 12:03 PM
While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
more...
needhelp!
08-31 01:45 AM
Registering a new country? I hope you are not kidding, needhelp!:)
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
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pappu
12-01 04:44 PM
Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
more...
GC20??
08-17 12:25 PM
go exact same reply..please let me know if you hear anything about your case
I got the same reply when contacted through two Texas senators.
I got the same reply when contacted through two Texas senators.
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gk_2000
04-30 12:23 AM
May be 10% might have become entrepreneurs...? Definitely not everyone has started a 10person or even 1 person company....People are doing good but they just work as programmers or so called project managers...you know its not a big deal to become a Project manager in India..
But 150K entrepreneurs...:p
I have not read that report completely, but ...
1. GC Vovek seems to say there was not a single person who left US to become an entrepreneur. This is not true 100% sure
2. The 150k might be spread over last 20 years, or 10 years at least, or ever since the backlogs became an issue. This means the figure drops to about 15k per year, which sounds much more plausible
The answer may well lie somewhere in between..
But 150K entrepreneurs...:p
I have not read that report completely, but ...
1. GC Vovek seems to say there was not a single person who left US to become an entrepreneur. This is not true 100% sure
2. The 150k might be spread over last 20 years, or 10 years at least, or ever since the backlogs became an issue. This means the figure drops to about 15k per year, which sounds much more plausible
The answer may well lie somewhere in between..
more...
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smsthss
07-05 09:27 AM
Is premium processing for I-140 back again??. I know that the premium processing for I-140 was suspended due to the expectations that there will be lot of I-485 applications during july. BUT now that they have made the dates unavailable.. IS PREMIUM PROCESSING FOR I-140 REINSTATED?? ANYBODY HAVE ANY UPDATES ON THIS !!!
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gc_chahiye
11-13 12:13 PM
I would appreciate if any of you could shed light on the following scenario:
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
more...
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grupak
12-07 11:38 AM
If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.
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gc_in_30_yrs
11-12 11:27 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
more...
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GCisLottery
11-02 10:35 AM
Folks,
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
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willigetagc
09-02 11:50 AM
Edit. Latest ..on my case.(with a little history) and this is hilarious.
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D
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onemorecame
07-25 11:45 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
lskreddy
11-10 02:58 PM
The answer is no, she cannot volunteer. Community service is probably all one can do but any others that potentially can be perceived as displacement of US worker is certainly a no-no. In the proposed case, it can be construed as such.
Having said all this, its tough to interpret what actually is and is not true.
Having said all this, its tough to interpret what actually is and is not true.
JunRN
07-17 12:09 AM
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
My previous work experience is outside the US.
Do they also ask for tax returns from one's earnings outside the US?
My previous work experience is outside the US.
Do they also ask for tax returns from one's earnings outside the US?
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