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Friday, June 24, 2011

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  • fall1998
    05-12 04:10 PM
    Hello All,

    Are there any IV Members out there who are current this month (May 2011) and still waiting for their approval email / notification / GC?

    I am guessing that everyone who is current this month is already approved by now and his/her visa number (along with dependents visa) is already accounted for by USCIS.





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  • sanjeev.mehra@gmail.com
    08-06 09:40 AM
    Thanks for your response.
    God bless U all.





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  • lskreddy
    08-07 03:03 PM
    I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

    What are my options?

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?

    I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

    Any other suggestions. If there are tax implications, I would appreciate some feedback.

    Thanks for the service.





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  • Enebreus
    02-09 03:11 PM
    ^^^ :eyeup:. Did you really actively go out and seek votes?

    No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).

    But it's nice to see you have such a high opinion of me :P



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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.





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  • dkupadhyay
    11-25 01:14 PM
    Thanks for all your replies.

    My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
    Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
    Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?



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  • reddyram
    07-18 11:08 AM
    Hi Folks
    My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
    <> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
    <> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
    My online profile won't show current address - just an application online to change the same.
    Any insights will help
    Ram





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  • smuggymba
    10-05 11:00 AM
    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?



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  • GoneSouth
    03-21 10:40 AM
    Hi Nickhil,

    See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

    You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

    With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

    - gs





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  • illusions
    04-29 01:03 PM
    How to know there is already a case against the employer?

    perhaps this will help.

    http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm



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  • gc_chahiye
    09-10 03:39 AM
    With the revision of the bulletin being revoked, things kind of worked out ok. However why has'nt anyone looked into what exactly happened on July 2nd and who was responsible for what? All the questions that Zoe Lofgren asked were very legitimate. Why were they not answered? We had Condi Rice say that all visa's were exhausted; this was on TV. Was she lying or mis-informed by someone in her department? Who misinformed her? What was the motivation for revising the bulletin? Who ordered the mass-processing of pending applicatons that we have now seen? Why were all dates made current in the first place? Which agency did it and who did they not talk to?

    If it were not for the flower-campaign induced media exposure, and the tough stance taken by Zoe Lofgren, USCIS/DOS could have gotten away doing whatever they wanted. What if the next time something like this happens Zoe is not working on the immigration subcommittee in the House? No one else stood up against this mangling of the law. If you steal a car and two weeks later go put it back where you took it from, it does not change the fact that you stole the car and must be held responsible for it. Where is the responsibility for what happened on July 2nd?

    Anyone contacted the Ombudsman to see if he is doing a special report on this July 2nd fiasco?





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  • lskreddy
    11-19 11:00 AM
    I called USCIS and they said I could e-file. Thanks.



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  • rbharol
    08-22 12:30 PM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?





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  • fromnaija
    03-18 04:53 PM
    This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.


    That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:

    http://www.uscis.gov/files/form/I-765instr.pdf



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  • sairam
    09-17 03:32 AM
    In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.


    No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.

    Thanx!





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  • arc
    07-07 02:40 PM
    Any one who owns corp or who has accounting background!!!



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  • krishna_brc
    12-12 04:39 PM
    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .

    I left US while under AOS with an expired I-94 and came back with out any problems.





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  • nashim
    07-29 08:38 AM
    Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.

    An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.





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  • fcres
    08-16 10:28 AM
    i called the bank too and they cant read the check neither..i can see a number starting with ent only....where in the checkexactly do we look for the receipt number.
    thanks

    It should be 3 lines under "For Credit to U.S. Treasury" and just below a line of dashes (-------------------) starting with SRC or LIN and then 07xxxxxxxx





    sc3
    08-28 12:43 PM
    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?

    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications





    uvatbc
    11-07 07:44 AM
    i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......

    1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.

    2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense

    3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?

    4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.

    the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........

    1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.

    2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
    Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.

    4. I don't really know enough to comment on this



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