Tuesday, August 9, 2011

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  • eb3_nepa
    03-28 10:53 AM
    Jnayar,

    It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2

    best,
    Berkeleybee

    Berkleybee,

    We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.

    When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.

    Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.





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  • saibaba
    10-01 11:28 AM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    Director,
    US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information
    xxx

    Recipient Information
    xxx



    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    NEBRASKA SERVICE CENTER.
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
    Sincerely,


    xxxx
    Human Resources Manager
    xxxxxxx


    hi there:
    why you are sending it to IL?
    Didn't they mention about return address in the returned package?





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  • ksvreg
    03-29 04:05 PM
    As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...

    How long the process took before filing? How much time for PWD alone?





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  • svm
    08-31 12:10 PM
    I am also in the same boat. I am Aug 2007 filer. I got an interview at local office on Feb 2009 to check on my vaccination papers.. They told me my papers will be at their office until the dates become current, and that they will issue Finger print notice before apprving the case(when the date become current) that as my FP was close to expiry then. They gave me a letter that said only contact them 30 days after the dates become current. I havent got the FP notice yet. Not sure if I should contact the local office.



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  • Jitamitra
    05-29 07:56 PM
    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.





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  • sundeep14
    10-29 01:00 PM
    I checked my current labor certification. it has the following details :

    ETA FORM 9089
    A) PREVAILING WAGE INFORMATION
    SOC/O*NET(OES) CODE
    15-1031.00
    OCCUPATONAL TITLE
    COMPUTER SOFTWARE ENGINEER

    B) JOB OPPORTUNITY INFORMATION
    JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)

    C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
    PROGRAMMER ANALYST OR SYSTEMS ANALYST

    D) JOB DUTIES
    CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
    MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES


    My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.

    Any ideas friends?



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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.





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  • sam_hoosier
    06-22 04:45 PM
    If you have AAA membership, try them, they do it for free for 1 set typically.
    You may have to go in the hours stipulated by them.

    AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)



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  • hianupam
    04-16 03:55 PM
    get involved in your Texas state chapter when you finally make your move.
    Flowermound is great, but Plano rocks! ;)

    I will contact you as soon as we get settled. (that is if we decide to move)
    Thanks.





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  • AjP
    July 28th, 2005, 03:46 AM
    David, great job!!! still a little dark to me, but it is all might me about monitor calibrations differences, I like all the images posted so far!!

    we need to do similar thinng more once in a while, this way we could share our technics and ideas in diferent photography styles



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  • sc3
    08-14 03:57 PM
    What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.





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  • Berkeleybee
    02-05 09:28 PM
    All,

    My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.

    This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.

    My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.

    I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.

    best,
    Berkeleybee



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  • ameryki
    08-27 10:21 PM
    mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.





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  • anoopraj2010
    07-30 01:39 PM
    Well my questions are more coming from the part that if something happens to me before I become a citizen what will happen to her application?
    Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..



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  • Hong12
    12-15 12:14 AM
    Thank you very much for your quick response. That is very sad though I would ask my lawyer to resubmit the application. My original document is with me in order to apply for H1 Visa at the Consular. At this point, I would send the original document back to my lawyer and ask him to do the premium process on my application. Another issue is that he refused to pay for the premium filing fee. He said that he would suggest me to find another lawyer in the case that he had to pay for my premium filing fee. He did not show any responsibilities on anything. Pls advise what I should do.





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  • mukeshjaiswal
    12-04 08:45 PM
    abhi_jais:

    Delhi embassy called me for re interview on Nov 10th and issued me the visa.

    Best of luck to you.



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  • ras
    05-24 12:44 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.





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  • lazycis
    10-29 03:02 PM
    I found out (via attorney) that the right way to do it is to send a new G-28 form to USCIS. Put your name as a petitioner and as a representative, check box 4 (other) and write "I would like to represent myself in all matters related to my I-485 filing".





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  • simple1
    05-12 03:07 PM
    Ok, for this Attorney thread, some one is pouring red on me.





    traveldoc
    09-11 09:01 AM
    Thanks all for your guidance. I got in touch with the local congressman's office yesterday and asked to speak with someone that handles immigration case work. The person was sooooo understanding and said that online status on USCIS Home Page (http://www.uscis.gov) is not always reliable. To my susrprise she had access to the systems that the IOs use; she checked using my receipt # and said that my case was approved but documnet was not made yet (meaning it wasn't printed yet) So the letter that I got in response to my EXPEDITE request saying 'Approved and document mailed to applicant' was an error on their part. She said she can put in the Expedite request if I can get a letter from the Dr. expalining my Garnadmother's condition. She sounded like it should be possible to expedite the document printing since case was approved already. I am awaiting the arrival of the letter.





    GCwaitforever
    02-09 05:50 PM
    If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.


    To

    Mr. John Beverly
    Director, Foreign Labor Certification Program
    200 Constitution Ave NW, room C4312
    Washington, DC 20210

    Mr. Beverly,

    [Block A: Filler] with model text by the side ....
    [Model text:
    I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]

    Block B:
    Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
     Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
     FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
     There is a complete lack of transparency and answerability from a public agency like BEC.
     The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
     The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
     The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.

    All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
     Why FIFO has not been implemented?
     How many people are working on adjudications?
     What are the criteria for picking up a case for processing?
     Why are there differences in procedures between Dallas and Philadelphia BECs?
     How many cases have been adjudicated so far?

    Block C:[Filler]
    [Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]

    Respectfully,

    ------------------------------------------------
    xxxx



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