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  • jasmin45
    08-06 10:16 AM
    I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
    Sorry to hear this news! As far as I understand the july fieasco and successive events did not effect consular processing especially for scheduled interviews. How did this happen? Well!
    We Hope that the visa categories will be current in October and vias be allocated to you, when they open the FY 2008.




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  • andy garcia
    11-08 01:48 PM
    Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.

    I-130, Petition for Alien Relative
    I-140, Immigrant Petition for Alien Worker

    Both require a I-485 to adjust status




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  • ebizash
    06-20 01:53 PM
    My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.

    The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)

    P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.

    PM me if you have any question....




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  • FredG
    August 27th, 2004, 08:57 AM
    I'm with Don.. although I have a camera in phone, it's got less resolution that a hungover coke bottle dipped in vaseline jelly peering through the polar ice cap after a three night binge on beer, whisky and crack. ...
    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....Rob, What have you been eating? :D



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  • ABC of GC
    06-08 06:30 AM
    Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.

    H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.

    When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.

    The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
    As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.

    Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.

    Well Said




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  • Radhika
    07-09 01:12 PM
    upgraded on June25 to PP got status changed on 30th. Received approval notice by attorney on July 6th



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  • gee_see
    10-18 10:57 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help




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  • binadh
    10-07 10:19 AM
    Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.

    Mine was not filed by Fragomen, and it is still pending for more than 15 months. So, I don't think there is anything we can do about it. To rub it in a little more - I am on EB2-ROW. So, Labor is holding everything......

    :mad:



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  • joydiptac
    09-30 05:37 PM
    I liked the tone and tenor of aila...

    Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?




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  • umndude
    06-17 03:19 PM
    Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
    Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.




    I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.

    So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.

    Thanks.



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  • arunkotte
    09-07 12:45 PM
    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there


    It doesn't matter. I had my EB2 approved with MS+0. Just make sure the job description explicitly mentions MS with no further experience.




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  • kabeer_g
    01-12 12:13 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks



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  • natrajs
    08-21 12:07 PM
    Best Wishes and Good Luck




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  • needhelp!
    02-15 04:39 PM
    May you have plenty of supporters coming your way.

    I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.



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  • bmoni
    01-22 04:33 PM
    Talk to your attorney. I think recent supreme court rule gives us the ability to appeal it. If it was an wrongful denial.

    Don't lose your hope. Keep up the fight.




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  • CHHAYA
    02-25 11:00 AM
    we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?

    To get SS you need valid EAD.



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  • baburob2
    11-02 02:42 PM
    As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.

    Plz. correct if I am wrong.

    My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.

    I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.




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  • drirshad
    04-19 07:13 PM
    Go to http://www.shusterman.com/

    Got some updates as to whats going on behind the curtains ..

    Gear up & give sometime to fight against the anti-immg groups who have already started contacting the law makers & congressmen ......




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  • Ramba
    01-23 06:51 PM
    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?

    Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)

    IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..




    andycool
    04-23 02:49 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that

    I think your Employer is trying to scare you ...:)




    cdeneo
    04-02 10:31 PM
    The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.

    The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.

    My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.


    It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

    My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.



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