Thursday, June 16, 2011

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  • chakalov
    02-17 04:16 PM
    The spill over will come from EB1 India guys not from ROW.




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  • maximus
    11-07 12:38 PM
    Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.




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  • karl65
    11-17 12:37 AM
    yes thats true .... but I guess only pig is not enough ... we need the whole animal kingdon fly before ....:D

    Well...at least most of the Animal kingdom can fly.....the problem is if USCIS knows it!!!!!!!!:D:D:D:D




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  • pappu
    10-18 10:16 AM
    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?

    sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

    In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.



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  • eb3_nepa
    07-29 05:42 PM
    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".




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  • purgan
    10-04 01:31 AM
    There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.



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  • enggr
    10-02 09:47 AM
    Dear Friends/attorneys,
    Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.

    I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.

    I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
    The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
    Please advice me how to respond to this RFE in a safe manner.
    This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "

    EB2 PERM : Aug 2006.
    EB2 I-140 (REG) : Nov 2006.
    EB2 I-485/ EAD : July 2007.
    EB2 I-140 RFE received : Sep 2007.

    RFE
    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
    ---------------------------------------




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  • wandmaker
    08-11 06:45 PM
    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)



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  • miguy
    03-16 08:43 AM
    hopein07........do you know if one has to pass the evaluating exam first to get a Statement of Need from Canada for j1?...




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  • pappu
    11-10 10:57 PM
    USCIS Ombudsmun Report - Total I140 approved:

    Approved
    2000:89,583
    2001: 99,659
    2002: 93,533
    2003:62,281
    2004:67,552
    2005:94,211
    2006:104,168
    Oct 2006 to April 2007: 65,098
    found this on another site

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls

    dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls



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  • ramrrec
    03-08 10:06 AM
    Extremely sorry Prem for interrupting your thread.
    Hi Ann Ruben,
    I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
    My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
    This thread is available in same category on this site.
    Appreciate your quick response in advance!!
    Thanks and regards
    Ramrrec




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  • vparam
    05-14 08:04 PM
    My PD will become current. I want to support IV, so contributing agaain.

    today 100, 450 till date.



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  • TO BE OR NO TO BE
    02-03 04:29 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
    Hi Ryan,

    Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

    Appreciate your help!

    Thank you




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  • dixie
    08-27 11:43 PM
    I didnt make that statement because he doesnt agree with me. Go look at loveh1b's previous posts .. he is consistently against everything IV stands for.That begs the question why is he here ? Freedom of speech and all is fine and dandy, but if a person simply doesnt believe in anything we stand for then you know what to call him.

    Remember, we are more than just another online rant forum.Rather, we are a lobbying /EB applicants support forum where we are supposed to discuss constructive ways to promote our agenda, just like numbersUSA and the likes promote their agenda against us.And by the way, I would really appreciate if our "friends" extend the same "freedom of speech" to us on their forums.


    You may not agree with what everyone says on
    these forums. It is not your business to ask them to get out.



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  • Nil
    11-09 09:19 PM
    ^^^^




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  • atul555
    12-15 09:52 PM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    Thanks everyone, your input has been very helpful.
    I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
    Till then based on your inputs I believe I have two recourse.
    1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
    2> I go on EAD and put my wife on F1 to maitain legal status.

    Here are the caveats with each.
    With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.

    With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.

    I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.


    BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.



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  • GC_1000Watt
    01-23 12:07 AM
    Hi,

    My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.

    Please advice.

    My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.

    I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
    You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.

    Consulting with a lawyer will help you my friend. Good luck.




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  • caforum2
    04-06 10:10 PM
    i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
    whn i went to immigration-law.com, they say the following

    cud someone tell me which one is true??????????

    We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
    The development is accompanied by three other developments:
    President released statement supporting the bi-partisan agreement;
    Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
    Senate also relected the Republican Kyl' motion for his amendments.
    Now we see the light at the end of the tunnel!!
    If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.




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  • NBA Finals 2011: Dallas Mavericks Win Their First Ever Championship - Mavs


  • WillIWin?
    08-13 02:09 PM
    I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.

    # of possible H1Bs = 85k (65k + 20k)
    Fees (additional) = $2000
    Total Fees = $170 million ($2k x 85k)

    The fee increase is for 4 years = (2010-2014)

    GRAND Total = $680 million ($170 million x 4)




    dan19
    10-18 12:22 PM
    One of my friends got a similar one. In that case the DOL pointed to one another candidate(say Mr.A's) who applied for the same job, and was more qualified than my friend in terms of years of experience. The DOL asked why Mr.A wasn't hired.

    My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.

    Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.

    The company then sent back the rebuttal stating the new efforts made.
    The DOL then approved:) the case.


    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?




    GCAmigo
    01-02 03:20 PM
    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..



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