Sunday 26 June 2011

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  • akhilmahajan
    05-03 08:42 PM
    that was pretty fast............ i wish everyone else is that lucky also........




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  • pappu
    01-15 11:00 PM
    Any body else from Alabama? Please sign up here if you are from alabama. Lets start our state chapter activities. I am willing to take the lead to start the activities. So all you alabama residents please sign up.
    Thanks Harsh.




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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!




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  • saimrathi
    07-12 02:40 PM
    Famous Indian americans...

    1. Are they influential Indian Americans?
    2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...

    Thanks.



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  • sodh
    07-27 05:03 PM
    And one more thing notarize the request, its not neccesary,but its better to be safe.




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  • rajutata
    08-25 09:23 AM
    You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa



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  • kondur_007
    09-08 03:44 PM
    Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)

    What a pain....

    If I were you, I will definitely do infopass before sending anything. Local USCIS office is likely to be helpful in this case.

    Good Luck.




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  • dealsnet
    07-16 09:52 AM
    According to the law, you are not liable to pay it. They can't force you to pay. But if you are out of project and desperate, just agree for the clause and get that job.

    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R



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  • Imigrait
    08-31 03:08 PM
    Bottomline is that the whole process translates to Luck.

    Surely is. That's why if you search on this forum there are so many theories and postulates put forward that tries to second guess or figure out what their algorithm/methodology is. The last person who could guess the PD movement algorithm was VDLRao, but he is MIA nowadays.

    Anyways if anyone who has their PDs current on this forum and believes that they are feeling lucky tommorrow or anytime in the next month, I would suggest NOT to wait for GC news. When you're feeling lucky go to Vegas, maybe a multimillion $ jackpot that you always dreamt about is around the corner:D.




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  • jungalee43
    02-11 08:18 PM
    Submitted the petition. Works somoothly.

    http://www.thedegreepeople.com/eb-petition.html

    So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.



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  • StukAtBEC
    02-16 10:19 PM
    Folks,

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.




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  • kaisersose
    10-28 11:40 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury

    You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?

    The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.



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  • sargon
    01-26 12:32 PM
    I am glad that the Admins have deleted it. It really was a stupid question about a specific race...

    u are a rasam drinking gulty, right?
    :eek:

    check your facts again. racism is considered sexy these days ;)




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  • mdipi
    10-28 09:15 PM
    eberth, did you do the bed?



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  • nyte_crawler
    03-06 02:28 PM
    yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
    (1700 days)




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  • kams
    06-18 01:21 PM
    My colleague was in similar situation. He went to Canada for H1 Visa stamping and while returning, the oficer at the border said I94 on the 797 is sufficient. Our lawer (Fragomen) adviced him to enter border crossing as last port of entry.



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  • SunnySurya
    08-21 03:15 PM
    Thanks, I gave you some green dots for your answers.
    You asked about my age: I will be 40yrs old this December. I came here when I was 29.
    Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.

    1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.

    2)As someone suggested Real Estate is another option

    3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.

    Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?

    Do not know your age, could be mid life crisis :D think about it....take a vacation....




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  • h1bemployee
    06-22 01:58 AM
    pl somebody answer




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  • shirish
    09-15 11:43 AM
    It still says Aug 15th. I don't think they will release it yet.


    USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.




    pnc
    08-02 12:52 PM
    Does anyone has any update about this Amendment?




    pbojja
    10-17 12:34 PM
    Can anyone tell me what it means in terms of documents...???

    Your questions are too demanding dude



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