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  • shana04
    07-16 06:38 PM
    I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.

    My previous employer had a copy of I-94 (previous) so requested him to provide that. He ack that he had but was trying to get excuses as to not provide it.



    Can you provide more details on the RFE ?
    RFE was to provide my spouse status before applying for I 485 and one of the document was to provide I-94 (as there won't be any initial status document for dependent, it was only H4 stamping in the passport)
    Attorney answered this question




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  • eb3_nepa
    07-29 10:10 PM
    Then we let the CITIZENS of the country decide what is best for their country! Guys understand one thing, it is a numbers game.

    1) Legal Employment Based Immigrants: LESS THAN 0.5 Million with NO CITIZENS to back us.
    2) Illegal Immigrants: MORE THAN 12 million with a HUGE chunk of the Hispanic CITIZENS to back them up.

    Even the citizens who DO oppose Illegal immigration, SIMPLY OPPOSE illegal immigration, but DO NOT SUPPORT legal immigration per se.

    Please DO NOT make the mistake of taking on the CHC at this point, it is a fight that is IMPOSSIBLE for us to win and POINTLESS to even fight. If we win against the CHC (big IF), we win NOTHING, if we lose, we now have bigger problems.




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  • pcjandyala
    07-22 10:14 PM
    Shana,

    Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.

    It's simple process.

    Thanks




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  • gcaspi
    01-23 03:50 PM
    Can someone tell me how the dates get opened by embassy..
    like they open slots for a month ...Like for the month of march do they open dates in Feb last week and we can make apts only for March something like that.

    Thanks in advance.



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  • immi_seeker
    07-14 01:57 PM
    I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.

    Planning to call NSC to see what I can do,

    Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.

    btw, what is ur PD & categoru




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  • sekasi
    11-30 12:28 AM
    why would flash people move on to flex ? That makes no sense at all.

    Either you have no idea what you're talking about, or you think you do, but you really don't.

    Besides, this is a free site. Whenever you're not paying anything for a resource you got 0 whining rights.



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  • praveenuppaluri
    04-08 05:17 PM
    In sramanic thought, Nirvana (Sanskrit: निर्वाण, Nirvāṇa; Pali: निब्बान, Nibbāna; Prakrit: णिव्वाण) is the state of being free from both suffering and the cycle of rebirth. :D
    that was just for fun...

    now, I am sure you know you can get the FULL list of members from "members list" tab. and once you get there, you can sort out who are active (by posts) etc..

    you asking question once a day doesn't mean this is HIGH PRIORITY for the ADMINS.. they are not paid for this.. unless I personally know you, I am not sharing any important connections (contacts) with you, why do you think IV should spill everything out because you requested it.... if you want them for a good cause.. state that cause and request for IVs media contacts..

    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.




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  • tikka
    06-22 09:39 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks


    Your chest xray was negative so you are fine.
    To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.

    You need him to sign off on the results.



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  • GC092003
    04-13 12:50 PM
    I have same concerned. I have been waiting for too long to get my GC procee done. I can't live with current employer any longer. I am waiting for 1-485 to be filled. My PD is sept 03. Do you guys have any feeling if we can file it before this summer (like July)? Another concern is based on current situation with USCIS, it is about 8 month wait for I-485 to be processed. As you mentioned, it might be longer waiting time for this process since many people who had waited, will be filing. Please give me your feeling of feasibility date. Thanx.




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  • desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.



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  • ivar
    02-07 09:48 AM
    How did you celebrate?
    What are your changed plans now in life?

    Nothing much has changed right now, but first thing i want to do is vacation to india to see my parents. I can feel the difference no wasting time and money on H1 stamping as the first benefit :) as far as celebration we had a party this weekend. i wish you good luck.




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  • roseball
    10-07 06:30 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

    The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.



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  • justAnotherFile
    11-21 01:47 PM
    See body of email below....

    Hi,

    I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).

    There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.

    All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
    years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.

    I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.

    What does it take for congress to pass some relief? Just some simple relief measures
    1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
    2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
    3. Do not count spouse and dependents towards the annual number
    4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .

    60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.

    regds,
    xxxxxx




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  • maxy
    10-16 01:19 PM
    sounds good...thanks

    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.



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  • jasmin45
    02-26 10:53 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

    First of all you have an "If" in your question. So I belive this is for future plan.
    Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?

    I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.




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  • mrajatish
    05-14 06:43 PM
    Same here - keep the good job going



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  • chanduv23
    09-10 10:50 AM
    Please post your suggest to change H-1B program so that it becomes fair to all. I have started new thread for this purpose.
    http://immigrationvoice.org/forum/showthread.php?p=162510#post162510

    Right now - lets encourage people to join rally




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  • gc_on_demand
    01-19 08:47 PM
    Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?

    Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..


    None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...

    (1) Dems will not touch it.
    (2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.




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  • rr3
    May 23rd, 2005, 12:30 AM
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    agc2005
    11-07 07:48 AM
    Saro28:

    Thanks for your reply. I am also in the same dilemma over where to file, according to I765 instructions i need to mail to NSC but my I140, I485 ,EAD and AP all are in TSC. Customer Service rep tells me to follow the Instructions in I765 form for where to File.




    ch_murthy
    06-08 01:52 PM
    My Labor was filed in Aug, 2004 under EB3 (Traditional); pending at Phil BEC. Again filed in Dec, 2005 under EB2 (PERM); I-140 Approved. Can I change my EB3 PD to EB2? If so, please let me know my options. I am in 7th year now. I will talk to my lawyer, without me knowing all the things; this attorney is not ready to talk to me. Thanks for your help.



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