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  • bmoni
    12-22 12:59 PM
    GC_2007,

    When we change employer i think we can't keep the Priority date
    Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

    once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



    (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).





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  • desidas
    01-23 08:28 PM
    Ramba,

    Please advise

    I dont work for my GC Sponsoring employer anymore and I dont have H1B either

    Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?

    I changed jobs using AC-21 and working on EAD now and H1B not valid anymore





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  • nomorelogins
    11-08 06:10 PM
    check page 114 ( 132/145 ) of http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf





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  • grupak
    06-13 06:44 PM
    Perhaps we can write as well in addition to the calls. There is still around a week before the bills come to the floor.



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  • karthiknv143
    06-20 12:27 PM
    ^^^^^^^^





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  • serg
    04-06 11:18 PM
    that's the official title of the bill, nothing wrong with it.
    they still have a cloture motion vote tomorrow morning, so we'll see.
    Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)



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  • snathan
    04-13 07:44 AM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...





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  • piyu7444
    04-11 12:08 AM
    They did not ask for old pay stubs. Interview was in Feb 08 so asked for 07 pay stub but not for 06 05 or 04.

    About job responsibility.......I actually started stating what my current job responsibility is.........for real what is on LC is a subset of what I was describing so my guess is that the officer must have concluded that it matches to LC (she was looking at the document which had LC job responsibilities) and she moved to next question. If it did not match or there was some fumbling in answering the question she might have grilled me....:)



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  • nixstor
    02-21 02:15 PM
    Dec 21st 06. Is that really true? On , there are many people in Nov who havent got it approved yet. I know, those guys might not have updated after their extension was approved.

    Is there any one in here who is before Dec 21st and got it approved? It sounds unbelievable to me because it moved from Oct 31st to Dec 21st (51 days?? )





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  • rahulpaper
    11-12 03:39 PM
    Rishikesh,
    How long did it take from RFE response to approval?
    Thanks in advance

    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94�s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]



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  • WaldenPond
    02-24 11:57 AM
    Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..



    The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.

    I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.

    Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.

    In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.

    I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.

    This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.





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  • indianabacklog
    08-13 11:39 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    From your case alone this is rather a sweeping judgment. I can assure you they do NOT process based on receipt date if they did my husbands EAD which was received on May 3rd would be approved by now and yours would not. He is still waiting thirteen weeks on.



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  • bidhanc
    06-08 03:32 PM
    Hi,

    My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
    I think mine went to Nebraska.





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  • vejella
    08-01 01:40 PM
    I have seen many cases where the GC is given to primary applicant and none of his /her benificiaries got GC and otherwise , even though their name checks are cleared.

    My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.

    For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.


    Just MY 2Cents



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  • makemygc
    07-18 11:56 AM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/

    I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.





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  • akkakarla
    08-06 07:56 AM
    They can be stressful but one should relax before going to AOS Interview.If one feels the attorney will help them it is better to take the attorney. But certain times the over enthuisatic attorney may mess the smooth going interview and never comes to terms with what we want them to tell.

    Some additional tips:

    (1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.

    (2) Always take 4 extra photos with you.

    (3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.

    (4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.

    (5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.

    Future Employement Tips:

    (1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.

    (2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).



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  • chanduv23
    03-16 02:19 PM
    Thanks to all for your valuble information, hope, sertasheep, miguy. Your information is very educative.

    Now, this just proves a fact that it is relatively easier to get good physician jobs in the US after completing residency, even on a h1b, whereas if we go out to different countries, a lot of issues may arise. The next option would be Canada and for Indian nationals it would be India (private hospitals and practice)

    So retrogression is a big concern for physicians and is impacting physician careers. I recommend all IV physician members must come forward and educate all those h1b physicians/ residents/fellows etc.. who are still ignorant of what they have got into, believe me, a lot of people don't know what is going on and they still think things are going fine.





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  • varshadas
    02-17 12:43 AM
    A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.

    I just want to go over what we discussed in the call in brief:

    Goals of the state chapters
    Increasing the membership
    Meeting the law makers

    Methods to increase membership
    Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
    Distribute the flyers in the local train stations where traffic is maximum.
    Distribute the flyers in the local temples.
    Try to participate in local community events.
    Try to get onto the local Indian/Chinese radio channels.
    Try to connect with people at work and school.
    Try to get stories in the local newspaper.
    Any other methods can be explored by the individual state chapters.

    Meet the law makers
    Go to www.immigrationvoice.org
    Click on Resources on the left
    Click on Resources for "Meet Your Local Maker"
    There are a number of things here that would help you in this.

    People from the local constituency should set up an appointment with the
    Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
    Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.

    For setting up the appointment, we used the following letter format provided by the core team:
    ************************************************** ******
    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
    non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
    meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are
    suffering due to these delays and wish to bring this important issue in front
    of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:
    ************************************************** ******

    Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
    heading called Materials for the meeting in Resources->Meet Your Local Maker.
    If possible, take your laptop for the presentation.

    Begin by introducing yourself and that you are a member of IV which is a
    national non-profit organization that is working towards providing relief to
    skilled legal immigrants and that there is no other organization like
    immigration voice in the USA.

    Talk about the good things that the Congressman has done for the community (Research in advance).


    More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.

    If anyone has any questions, please contact IV or you can contact me too at
    varshadas@hotmail.com.





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  • thandan
    03-17 11:33 AM
    I am not sure I agree with you on that EAD will go invalid if the primary applicant stops working fulltime. This is because the greencard application and everything associated with it is for a FUTURE job offer.

    What I am trying to see is the analysis of this situation from the point of view of an attorney. It would be great if one of the attorneys can chime in here!

    Couple of more points in case it wasn't clear in my original post

    1) I am the primary applicant for this greencard application.
    2) The option of going to MBA after I get the greencard will not work. For one, it will take me (eb3 india) years to get it, at which point going for an MBA will be too late. Also I got this opportunity to attend a top-3 MBA after so much hardwork and I do not want that to go to waste.





    sledge_hammer
    05-30 05:58 PM
    Photo copies of LC? You mean approval or the application photocopies?

    If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -

    1. Experience letter (with last day of attendance)
    2. I140 receipt
    3. I485 receipt
    4. Paystubs for 6 months of employment post I1485 receive date

    You are good to go from there.





    texanguy
    06-10 12:40 PM
    i think you are missing the point. this will put things in perspective, that current stupid and archaic practice of giving 1 year AP to India and China EB folks is outdated and that current delays are more to the tune of 10 + years. This will create awareness!!!

    I support this !

    I do not support this.

    one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.

    also, it will mellow down our resolve to overcome this injustice.
    money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.



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