Monday, July 4, 2011

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  • Naveen
    03-09 12:17 PM
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  • r_mistry
    07-22 10:41 AM
    Hello Everybody,

    This is my story,

    1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
    2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
    3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
    Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
    On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.


    4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.

    5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.

    6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.

    Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?

    Please provide your input on my case...many thanks!!!





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  • 485Mbe4001
    07-10 05:09 PM
    There are only a handful who are active. EB3's are screwed so bad that they have resigned to fate or comtemplating using AC 21 and reapplying in EB 2. i have tired pointing it out to many that EB 3 as a whole is in the same boat, few care and the July filers are happy in the land of EAD/AP.

    Some people like me who really love what they do and dont prefer changing jobs have reached a point where they are begining to think if it is all even worth the wait. You will not find a sleeping giant, rather a depressed giant overrun by a bunch of koolaid drinkers.

    Hey you guys - ask not what someone else can do for you but what you can do for someone else...didn't JFK say something like that ;)

    You are ABSOLUTELY correct in saying that all the forums mention EB2 and very little attention is shed on EB3. I wonder why! Is it because EB2 recepients are more actively involved on IV? Or because EB3 recepients are quieter? Both these situations lend themselves to the bias towards EB2. And ultimately lead to one thing - more being done for EB2. I am EB2 and believe you me - I'm not complaining.

    Sadly though, the number of EB3 applicants is many many times the number of EB2. So, there's something to be said for participation and having your voice heard. It is no wonder then that we as a group are dismal at having our collective voices heard - we don't participate like our lives depended on it. And in this case our entire lives depend on what's going on...

    So, instead of bickering and blaming, why don't we awaken the giant that is EB3 India and China and have them participate as well...maybe we'll be able to kill many many birds (country limits, DC rallies, contributions to IV and lobbying activities, phone call campaigns, letter campaigns...) with just one stone....just thinking out loud...that's all...

    Any ideas?





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  • maco
    08-10 11:04 AM
    Maco,
    As i said earlier, i relied too much on my employer as istated to him in the first place to do a change of status Visa. They didn't do it, and as i was under the impression that i didn't have to go to India to get it stamped, i didn't leave the country so far and worked all these days. The ugly thing is that even my employer didn't ask me to go to India and get my Visa stamped in India, but he did find projects for me and produced pay slips all the time so far. Now, i found out the mess i am in, that too because i was ready to apply for I-140 and I-485 together. The immigration attorney who is preparing my I-140 caught my out of status situation and all the hell broke lose. Is there a way to seek an adjustment n my status from INS based on the fact that i was eligible for Chnage of Status from L-1 to H-1 in 2005, but mistakenly, i got a H-1 that was supposed to be stamped? Would they consider any such cases? Is there any example of anybody whoever did it???

    And even if i leave the country now, would i face any problem in next three years, if i attempt to come to USA on a new H1 next year, with a new Visa?

    Please provide me some advice if anyone knew any situation like this before?

    Thanks !!

    ~rxk2303


    Best thing to do is stay here till your visa extension is due,and apply for extension from here,you will get new 194 with your extension if its approved.
    hope they dont notice it,usually they dont..but take attorney advice.



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  • ramaonline
    09-27 05:27 PM
    Name change depends on what exactly you are changing. If it is just the order of first name / last name, then you can get an endorsement in the passport.

    Following is fyi based on my experience. I got my spouse's name completely changed in the US (Changed first name, last name, and removed middle name).

    Before the change her passport the visa , immigration documents, SSN, Cred card, bank acct, Drivers license, etc were with maiden name and last name.

    For name change in the US, I had to go to the local county court and get a name change order. This took a day in my county - may take longer depending on where you live. This court order is enough for updating all docs in the US such as SSN, Credit card, license, acct, etc.

    For Indian passport, you need an affidavit and 2 newspaper clippings one in US and one in India. I placed an ad in the classifieds section of the local newspaper (costs $25 - no documents required). For Indian newspaper, I had to send these docs to the classifieds dept of the newspaper:
    Local US court order copy with attestation from Indian consulate. (Gazette order is not required.)

    After this I got new passport in new name.

    For USCIS:
    You have to send attested copies of court order copy, Drivers license with new name, and new passport along with copies of past immigraiton documents The records will be updated during the next visa extension. Also submit all future applications in new name with court order copy. USCIS is very well aware of name change situations and it is not an issue.





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  • FraudGultee
    04-17 09:07 AM
    not a bad idea... but mind you they will be more for undocumented workers



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  • gcny2006
    08-12 01:14 AM
    please refer the dates before posting such useless information. very ashamed to see some donors do this kind of mistake. unnecessarily misguiding the people. for a moment i lost hope. if this time, the uscis (after all the preadjudication numbers and all) makes this kind of stupid mistake then the USCIS should be ashamed of its existence and DHS should shove its head in some uselss thing.


    You are right I did pick up an old post. Here is the link that discusses the 2009 dates. Ron Gotcher's assessment remains the same.

    Visa bulletin september 2009 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8752-visa-bulletin-september-2009-a.html)

    I am not trying to scare you, far from it I am trying to make sense of conflicting reports we keep getting from uscis and visa bulletin. AS ron gotcher says the oct bulletin will complete the picture.

    However, I am afraid that we will see dates retrogress again in oct. why? because I don't see a lot of people getting their I 485 approved. There are several eb2 I cases here and in that are current and haven't been approved . You would see a lot of celebration on this site if people were getting approved .
    We have see this movie before. It happens every year - VO trying to get uscis to move and use the visa numbers and uscis being its old lazy ineffecient self.

    I am sorry I don't mean to be a wet blanket.





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  • krish2005
    12-04 05:37 PM
    I told you folks, that I will be redded. It was true...

    You may idolize a super cop or a good cop. But without basic humanity he is not even a human. You might red me on this perhaps. But I would not as its your view and this is my view. I hope other fellow IVians will acknowledge this.



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  • katrina
    04-24 03:17 PM
    As I had mentioned earlier, do not be under the misconception that just because you are working in a stable cash-rich comany and happy with your job, it can't get bad. Your company can move, downsize, close a branch or just fire you....given the current scenario, it will take atleast 5/6 years (if you are lucky and maybe more if you are unfortunate) to get a GC and all these years can go waste by any of the above happening

    Here's a story sent to us....thanks for sending it in

    My GC process was started in 2001, my labor was approved in 2003 but since my company was closing the branch office where I worked, I had to move to the main office which was in a different state. Due to this my approved labor went down the drain. I moved to the state of the head office, meanwhile my company off-shored a major portion of the development office where I was working early 2005. After much persuasion from me the filed again but I had to either move offshore or take up a 90% travel job with the same company. Now, I travel and am away from my family during the weekdays. I have lived in USA for 6 years - legally paying my taxes, following all the laws and contributing to the society to the best of my abilities. I am currently on H1-B visa extension.

    My wife is working for a company on H1-B. Her employer promised in mid-2005 that she would start the GC process for her so that we could have a backup. Till now her GC has not been started. My wife is in a dilemma of whether she should quit her job and join somewhere else. But if she does move to a new company, even they will not start her GC process immediately. Even if they do what is the point because of retrogression?

    With the retrogression my GC could take years....sometimes I wonder if the stress, living in constant fear not knowing what is going to happen tomorrow, staying far away from loved ones, all these sacrifices is really worth it when legal workers like me who have contributed to the economy of America seem to have no value in this country.

    Ragz4u if the above person process his labor application prior to april 2001 he should be qualified for 245(i).





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  • seahawks
    09-08 11:03 AM
    Guys/Gals...

    Sorry but do not want to be a damper... But this thread does not give me the right feeling. I have been a member of IV i think from dec 2005 and contributed quite a few hundered dollars and just like this organization as a simplistic, good non-profit orgnization with good intentions....

    But in this thread we see a taunt... which is more like we will not have numbers in DC and then some triades...

    So far whenever such type of hate comments are posted, I have noticed that the IV core/ Super moderators either close the threads or blacklist the user....

    But in this case we see periodically (i think a couple of times) that super moderators are only making comments that we need to prove numbers so join the rally....

    Sorry to say this but i feel either this stage managed ( the triades) or super moderators/ IV core are taking advantage of this thread.... Both I feel are inappropriate....

    If I am wrong in what i have stated - My apologies to Supermoderators / IV Core.... But If I am right then I think personally it is a sad day since it lowered the image of IV in front of a great admirer.

    IV does not stoop this level of staging and creating animosity. As always believe in IV and its efforts. Everyone is focussed in the rally and making it a success, there is so much behind the scenes stuff that needs to be done, IV core does not have the time to manage threads is all I would say at this time. Lets all be smart enough to ignore nay sayers. I am not a moderator, nor a core member, but I trust IV in their efforts and support and it will not change. Doubt creates confusion, let no doubt be in your mind!



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  • mabuhay
    07-17 08:05 PM
    I joined IV only this month due to the July visa fiasco. I learned a lot from all the members and the IV core team. I haven't made any contribution so far. My husband who has a H4 visa just recently graduated from nursing school and finances are tight. Anyway, with this new development, hopefully my husband will be able to get a job with his EAD. We will be in a position to contribute to IV. Thank you again!!!





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  • enthu999
    04-13 02:33 AM
    Hi

    We don't want to create more divisions based on how they got in to queue for GC. As a matter of fact, my company filed I-140 based on a old labor, where the skills were matching exactly and the previous person left the company. The company that I work in has 8500 employees, I was not even aware that they filed premium for I-140. I did not have to pay dime for all the process.

    Pls remember filing substitution labor was legal back then.

    However, USCIS removed this provision in 2007 and the discussion ends there.

    When you compare all other issues that are the root causes for the retrogression, we are spending the time and energy on some thing that would not help any one.

    Thanks,



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  • baleraosreedhar
    12-18 07:05 PM
    I have just now sent my contribution





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  • gupab01
    04-24 05:19 PM
    My company has applied for H1-B visa for me under the master's quota and premium processing. On the lawyer's website I can see that my application was filed on 3/30 and probably received on or around April 2nd by USCIS.

    However, I have not yet received a receipt notice for my application. I am aware that the premium processing deadline is fast approaching and I am getting a little concerned. Is there anybody else out there in a similar situation who has not yet received their receipt notification?

    Can anyone advise me on my options? Is there a possibility that the application could have been lost in the mail or something else? Can I re-apply since the master's quota has not yet been filled?

    Pls advise.......



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  • bigboy007
    05-10 11:06 PM
    Since the dates went back ppl wake up and say now I want to shoot this bird, not knowingly how many cases are there... A simple question to you, (I know the point this thread is raising is going no where becoz for years many ppl discussed this and at the last USCIS deciced to stop this forever which is indeed a good move).

    Will all the ppl who came after ppl stuck in BEC (Labor) will go back the line ? will they relinquish ... A simple answer "NO" So why are we debating on items that doesnt exist?

    IV for now has only one goal "recapture". There is no way USCIS can go back and change the dates who ever used Subs( I am not talking about FRAUD- FRAUD shouldnt exist period) as per law the dates should be ported.


    The intent of a subst labor was to save the company time and money for obtaining another labor for the same position in case the original beneficiary drops out. Remember, labor was a company petition, not employee petition. The companies still would have wanted it even if it does not retain its original PD.

    The basic thrust behind the idea of changing the rules of PD allocation for subst cases is to push forward PD to july 07 level. Most of the subst happened in that month. we are not asking subst labor folks to quit the queue, just asking them to move behind.





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  • jsb
    08-21 01:29 PM
    Are these RFE's genuine RFE's? I mean, some doc missed, improper or bad copy, etc? Or, if you changed job, or city where you live? Or, just to re-confirm your job offer? Just want a sampling of RFE where they appear to be non-genuine, for my education.



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  • paskal
    12-18 08:09 PM
    nope i use amex
    try setting up a pay pal account
    i found it easier to work things that way

    BTW you are all set to be 21!





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  • Goodintentions
    04-16 10:38 PM
    Dear All,

    The idea behind this thread was to consider the option of a Time Bound Path for he beneift of the existing EB2 / EB3 folks who have filed Labour / I - 140 / 485.

    I think the purpose of this thread is totally lost.

    I am not sure how STEM or F1 or whatever should be a discussion here.

    Anything we start here ends up in an acrimonious debate and many a time becomes very unpleasant and personal.

    What are we all here for? Is it not our idea to to bring some relief to the EB immigrants?

    Once again I request one and all to kindly refrain from unpleasant debates and think of working together for the welfare of the EB2 / EB3 community.

    If we have our objectives clear and work towards a common goal, we sure can achieve success!

    Kindly try to understand!!!





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  • RandyK
    12-19 08:12 AM
    Just contributed.





    pappu
    06-04 09:57 AM
    Live updates of the advocacy day event will be posted on this thread as well as

    Advocacy Days (http://advocacydays.blogspot.com/)

    Updates will start pouring in from Sunday morning 10:30 AM and continue till Tuesday night.

    Please stay tuned





    gimme_GC2006
    08-27 05:35 PM
    This interview EXPOSED how un-informed and careless and whimsical are IOs in handling cases. MEMO should have been framed on their desks/mind....we don't have to remind these guys. In one moment they can deny as important a petition as AOS and just in a flash second they can approve it. They won't make any effort to dig out relevant info. It is like fliping a coin...plain luck when it comes to GC.

    God BLESS all those current...Amen!!!

    Someone gave a RED and left these comments...

    "yeah right..and they should come flip pancakes for u...anything else u want them to do inaddition to ur stupid and unreasonable demands?"

    Grow up ...and I doubt if you can call yourself 'highly skilled' if you can't reason out. God bless you

    LOL...I just gave u green..
    see there is a mafia of psychos on this site..:D:D

    some one gave me a red with the following text,

    "YAWNNNNNNN".

    ROFL..



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