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  • pa_arora
    06-22 05:16 PM
    Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.

    BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.

    My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.

    Good luck.




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  • mahujam
    08-04 01:54 PM
    What is your application PD and Category?

    My priorty date is 17th Jan 2003 Eb3(2)-India.
    485 filed on 31st july 2007.
    I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
    Has anyone else gotten a lud on their I-140 also ?
    Thanks.




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  • desi3933
    07-09 11:50 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.

    Read again -

    (3) an immigrant visa is immediately available to him at the time his application is filed
    it means that
    At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him

    Also read my other post
    http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103


    ______________________
    Not a legal advice.




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  • unitednations
    03-07 04:41 PM
    Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?

    The situation on the ground is this:

    L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.

    Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.

    Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.

    Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.

    I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.

    perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.

    IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.



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  • gondalguru
    07-31 11:19 PM
    EAD renewal applied for self / spouse
    TSC
    Received date 07/07/2008
    Waiting for approval

    I will be current in August 2008.




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  • kumar1
    06-26 12:14 PM
    You stole words from my mouth. Do not tell them that you have EAD.

    The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.



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  • tikka
    05-23 12:15 PM
    Are you using a webfax or a fax machine?

    fax machine




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  • sss9i
    08-27 09:04 PM
    Bump up



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  • newu77
    08-20 04:15 PM
    I called on friday. Had to explain the lady that as per press-release, my receipt number should be issued. After 20 minutes of discussions, she escalated my call to another officer. She checked the database with my name, DOB and A# but she could not find any thing related to I-485.




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  • JunRN
    10-08 06:29 PM
    I don't believe it must be FIFO...just as what I told in the other forum.

    It must be:

    FIFT - First In, First Touch

    and then;

    FCFO - First Complete, First out


    (Complete: approvable and PD current)



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  • gc28262
    03-08 08:01 PM
    mirage,

    The original intent of the thread is flawed and against the very purpose of creating such a thread. We have explained you during the phone conversation that it is not the right time to pick up country limits issue. We have run this by our strategist again and they have also advised us that its not the right time for this issue. Others on the forum, including unitednations, have also made an attempt to explain you the issues we are all dealing with. You are free to do whatever you think is best for you. We think that your actions are likely to harm the community effort. So in the best interest of the community effort, please be cautioned that we will be forced to ban you from this site if you continue this on the forum.

    All the Best.

    Administrator2,

    During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.

    I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.

    There have been so many divisive threads on this forum. IV admins never thought of banning such members.

    He is a genuine member maybe not knowledgeable as IV core. Thats all.




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  • dtekkedil
    07-10 09:31 AM
    maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?

    I think it may be too late to fax now. It is already 10 Am EDT.

    Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.



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  • psgupta9
    05-23 04:39 PM
    SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
    Guys,
    The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
    The Section 419(D): which talks about AC21 for renewal is really important.

    This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.

    This should not be allowed.




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  • crazy_gc
    06-10 12:12 PM
    What service center was it from? Was it a concurrent filing of I140 and 485?

    NSC and it was just 140...yet to dispatch 485 application



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  • suavesandeep
    08-20 11:51 AM
    My order so far is follows

    Aug 12 8AM - Email -> Notice mailed welcoming the new permanent resident.
    Aug 12 9PM - Email -> Card production ordered.
    Aug 15 - Email -> Approval notice sent (for ME)
    Aug 18 - Email -> Approval notice sent for Spouse
    Aug 18 - Received I-797C Approval Notice for both me and spouse by USPS. In fact i received 3 original copies of the same approval for me and only 1 for my spouse.

    Still waiting for the actual cards to come.




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  • chi_shark
    07-10 11:49 AM
    desi,

    so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...

    what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...



    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.



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  • sapota
    10-08 12:51 PM
    I also want USCIS to count my legal presence in the US prior to obtaining permanent residency (GC) for naturalization purposes. (Canada does this - 50% credit for time spent legally before obtaining permanent residency).

    I want. I want. I want. :)




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  • ddeka
    08-11 11:05 PM
    I just got an email (not magic though) about EAD renewal approval. It was paper filed on 14th June. Not sure if it is for 2 yrs or 1 yr with my priority date current.;)




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  • eb3_nepa
    07-06 09:44 AM
    DEAD FISH DEAD FISH!! :p




    anilsal
    03-09 02:54 PM
    Talk to your reps' office staff. Share your stories/struggles with them. Then sometimes you get to meet your congress rep. Go to nearest universities. Check out departments that are doing immigration research. Volunteer to share your story with them.

    This way, you work for a cause as well as build your social network. Once you get your GC, you will see that you have all these new people you never knew them before.

    A decision that I took few months back was to force IV core to agree to opening a state chapter in IL. Now I feel that initiative has reaped benefits as I am gaining contacts in local, state governments, immigration activists and also like minded people from neighboring states. This would not have happened if I had got a GC on a platter and did not have to struggle.

    Now stop whining and do some action. ;)




    gc_chahiye
    10-08 01:17 PM
    It already does, if you have an approved I-140 based on your LC.

    with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.



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