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Sunday, June 26, 2011

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  • amslonewolf
    04-23 09:42 AM
    Quick question - Our firm's attorney is being super-secretive in not letting me see the labor and/or the I-140 application. My wife is a dependent on the I-140 application. The I-140 is filed using premium processing.

    Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?





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  • tonyHK12
    10-11 05:43 PM
    until the economy improves, i am not too optimistic that something will happen in lame duck session
    well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.

    'The best defense is a good offense'
    - Sun Tzu - The Art of War
    - Bruce Lee - Jeet Kune Do, Wing Chun

    for CIR......some people are going to bash me for this, politics blah blah...
    'Dont use a Cannon to kill a Mosquito'
    - Confucious

    Disclaimer, I'm an Indian





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  • iamvenkat
    06-20 01:23 PM
    I was working for company A as a Title X through H1 B visa
    And company A filed my GC sponsorship petition with title Y and I-140 cleared.
    I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)

    But Company A revoked my EB based sponsored petition.
    Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y

    Please clarify





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  • GCard_Dream
    04-05 04:32 PM
    Is that really true? I am not so sure about that. I thought you can get unlimited H1B extension as long as you have your I-140 approved. Do you really have to be retrogressed? Can someone confirm this please.

    If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?

    I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.

    Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.



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  • desi3933
    08-13 11:26 AM
    USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.


    It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]





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  • Ramba
    04-16 02:42 PM
    http://answers.yahoo.com/question/index?qid=20070311145154AA9x6Th
    http://www.city-data.com/forum/houston/

    There are many good things.
    1. cheap real estate.
    2. diversed (for desis)
    3. No state dox.

    Bad things.

    1. Hot and humid
    2.high propert tax (3-4%)
    3. High enery cost due to hot wether through out year. (average 300$-400$ for electric bill for 2500sq.ft house)
    4. Hurricane and flood possibilites..



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  • paskal
    10-02 05:03 PM
    C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.

    You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.

    Please help make the SoCal gathering a resounding success!





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  • new_gc
    01-24 05:20 PM
    guys,

    does texas service center still accept phone calls using the old method?...i tried calling today and it said no iio available at 2p.m texas timing....i tried till 4 ...no luck...should i drive all the way to the uscis office?or can i try tomorrow?anybody called today and got response?



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  • siva008
    02-24 03:04 PM
    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks
    Hi NoUserName,

    here more details:

    Bachelors in Civil
    Masters in Civil
    And having 3+ years experience as computer systems analyst

    My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

    I really confused how to answer this query, if you have any ideal please help me





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  • eb_retrogession
    03-26 08:02 PM
    It is the policy of Immigration Voice NOT to criticize anybody's opinions or views by any media outlet. We beleive that everyone is entitled to their position on any given issue.

    We have received very critical remarks from certain journalists about offensive messages sent by writers referencing Immigration Voice. IV has a dedicated media relations team that responds to relevant articles, as appropriate and ONLY such responses will be considered official communications from IV. If you want to join the effort, please send a note to sunil@immigrationvoice.org and your help would be a welcome.

    However, we request that any personal responses, especially with offensive language, not to reference IV that will show us in a bad light.

    Thank You for your understanding.



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  • kirupa
    10-11 04:25 AM
    Thanks - fixed! :)





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  • GC Khichdi
    10-24 03:44 PM
    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.



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  • pappu
    08-16 12:42 PM
    Fact sheet for download

    http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc





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  • maheshf
    07-30 05:07 PM
    I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.

    Primary applicant's first.. dependents later.

    Any one got approval for their dependents yet?



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  • jonty_11
    07-17 06:10 PM
    might serve IV community better if we contribute for funds...





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  • abhatti
    10-09 10:33 PM
    Just to share my experience in Minnesota regarding the subject. My liscense was due for status check. I took my I-485 reciept notice to DMV, they made a copy and faxed it to St-Paul DMV. St-paul office did not said or replied any thing untill I got my new driver's liscense with the same status check date and then I recieved a letter saying I have two more days before I could submit the status evidence before I will loose my driving previliges.
    Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
    They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
    This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.



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  • shivaniraina
    07-26 08:13 AM
    As you are exempt from the cap, you can start working as soon as you get new petition approval.

    Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.





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  • ArkBird
    05-21 04:55 PM
    Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
    The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

    PS - Sorry for the Title. But I am just quoting him.

    EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)





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  • logiclife
    02-09 11:54 AM
    Nothing on google or Cspan. I am sure you've tried that.

    Is there a special newspaper for Capitol hill? that published committe hearings etc. then you have a shot at looking at those after the hearings are over.

    --logiclife.





    sam571
    03-08 04:47 PM
    Hey Tiger ,

    are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
    Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...

    Thanks....





    rajbgp2002
    07-19 04:08 PM
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



    Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
    The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
    In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
    The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
    o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
    o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
    This process is not available for applications closed on grounds unrelated to nonreceipt
    of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
    What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
    Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
    1.
    E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
    2.
    The subject line of the e-mail should read �Request to Reopen�.
    3.
    Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
    4.
    The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:

    Name of employer and correct current address.

    Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.

    Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).

    Name of the alien named on the application.
    The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
    o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
    o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
    o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
    What can I expect in response to my request to reopen?
    Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
    of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
    Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
    How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
    The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
    If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
    May I contact the BECs by regular mail instead of email?
    No, the request to re-open a case must come into the centers electronically.
    Who may make the request to re-open a case if we believe it was improperly closed?
    Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
    Do I have to submit my request to re-open a case within a certain time period?
    Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
    To whom will responses be sent?
    The email responses will only be sent to the employer or attorney who initiated the request.
    What do I do if I have not received a �45-day� letter by July 21, 2006?
    If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
    A. Attorney name and address
    B. Employer�s name and address
    C. Alien�s name and address
    D. Priority Date
    E. State or Regional location and/or number where case was originally filed
    OFLC will publish its policy regarding such cases under separate cover.



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