Wednesday 8 June 2011

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  • satishku_2000
    07-06 12:29 AM
    Well I filed under Rest of World" and EB2 back in August of 2006 when it was current for me (it�s always been current for me since then). I filed both my I-140 and I-485 together. I have done the fingerprinting etc and even replied to a RFE for my I-140 (well my company did). On June 1st I got my company to submit an "out of processing time" request which gives USCIS 45 days to come back with a decision or reason for not approving it. Now after all this fiasco my lawyer is telling me that my I-140 will continue as per usual (since it's not affected by all this) but my I-485 will not be approved until after October 1st. I don't agree with him, I believe part of the 60,000 visa numbers have been allocated to those that are pending and current (so they haven't been approved but have already been allocated). Does anyone agree or disagree?

    Under normal scenario you have to wait until your 140 gets approved But during the past 12 days they could have approved your 140 just to approve your 485 tooo.. Keep checking your mail box every day and good luck;;;;:D :D :D





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  • Eb3_frustrated
    03-17 09:49 AM
    http://thomas.loc.gov/cgi-bin/query/z?c109:S.2454:

    The proposed bill does not have guest worker provisions. Hope this thing survives the senate and most importantly the House





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  • gsmishra
    07-21 01:00 PM
    Can you please explain how is this related?
    Our I-140 has already been filed but we dont have receipt notice for that.
    We are wondering how to file I-485 without I-140 receipt notice?


    This may be useful to understand a little more about e-filing of I-140 for those of who doesn't know much because the employer/lawyer doesn't give u full information. There appears to be no e-filing for I-485. Anyway navigate thru the USCIS pages for more info.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47f2065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    Instructions for Electronically Filing Form I-140

    Please note that the Premium Processing Service has been disabled within the e-Filing System for Form I-140. Please refer to the instructions for paper filing if you would like to request Premium Processing Service for Form I-140.

    Form
    I-140, E-File Immigrant Petition for Alien Worker

    If E-Filing is not the best option for you, please see the paper-based Form I-140.

    Purpose of Form
    To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

    Who is Not Eligible to E-File This Form
    You are NOT eligible to E-File this form if:

    You are applying for a waiver of the filing fee.
    You are requesting that your case be expedited (does not include filing for Premium Processing)
    You are a Soviet scientist
    Who Is Eligible to E-File This Form
    Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition.

    Filing Fee
    $195

    Initial Evidence and Supporting Documentation Required
    See Instructions to the Paper-based Form I-140.

    If you are required to obtain a labor certification from the Department of Labor, do so prior to E-Filing Form I-140. The original Labor Certification signed by the filer and certified by the Department of Labor must be submitted with supporting documentation to the Service Center that has jurisdiction over your case. See your Confirmation Receipt Notice for the Service Center's mailing address. The required initial evidence must be received by the Service Center within seven business days of E-Filing the Form. If you do not submit the required initial evidence in the requisite time period, you will not establish a basis for eligibility, and we may deny your petition or application.

    Also see the general instructions for Submitting Supporting Documentation for an E-Filed application and/or petition. You may access those instructions from the Related Link on the right.

    Concurrent E-Filing
    E-Filed I-140 petitions can only be Concurrently E-Filed with the following applications under the following conditions:

    I-907 application: Only if the I-140 beneficiary selects Petition Type "e" - A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor degree) or a skilled worker (requiring at least two years of specialized training or experience) in Part 2. For all other petition types, the e-Filed Form I-140 is not available for premium processing.
    When E-Filing an I-907 concurrently with an I-140, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-140 is received at the Service Center that has jurisdiction over the I-140.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


    Supporting documentation

    Submitting Supporting Documentation

    Supporting documentation is the initial evidence that is required as proof of identification and as justification of eligibility for a benefit. These documents are required for USCIS to make a decision on your application. Examples of supporting documentation include copies of birth certificates, marriage licenses, Permanent Resident Cards, etc.

    Check the instructions for the form you are E-Filing to determine what supporting documentation, if any, is required.



    Instructions for Submitting Supporting Documentation for E-Filed Applications Only

    Review the instructions for your E-Filed form to determine what supporting documentation is required.


    Please Note: If you E-File Form I-90, you must submit all required initial evidence and supporting documentation at the time of your in-person appearance at your local ASC. Please see the Form-Specific Instructions for E-Filing I-90.

    Gather your supporting documentation for your E-Filed application.
    Originals and Copies. In almost all cases, submit a photocopy of your supporting document to the USCIS. For more information, see How Do I Know If I Need Original Documents? If form instructions state that a copy of a document may be filed with an application, and you choose to send USCIS the original, USCIS may keep that original for our records.
    Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

    Print a copy of your Confirmation Receipt notice and attach it as a cover page (or first page) to your supporting documentation package.
    DO NOT include a copy of your E-Filed application with your supporting documentation.
    If you E-Filed several applications concurrently (see E-Filing Forms Concurrently), you will have a Confirmation Receipt notice for each application submitted.
    Include the Confirmation Receipt notice(s) as the first page of the supporting documentation for each application.
    DO NOT include any paper-based applications or fees with your supporting documentation for the E-Filed application.
    NOTE: All Attorneys and Organizational Representatives E-Filing an application or petition on behalf of a client, MUST perform the following steps:

    Generate a copy of the G-28 (it will be generated as part of the PDF file application after you click the �Finish� button).
    Confirm that the Applicant/Beneficiary/Petitioner name and address information does appear on the G-28.
    If the Applicant/Beneficiary/Petitioner name and address information does NOT appear on the G-28, print out the G-28 (it will printout with the PDF file application).
    Make a copy of the G-28 for each application electronically submitted.
    Fill in the Applicant/Beneficiary/Petitioner name and address information by hand.
    Sign each G-28.
    Submit the completed and signed G-28s to the address on the Confirmation Receipt notice with the required supporting documentation.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Keep a copy of your Confirmation Receipt notice(s) and application(s) for your records, noting what supporting documentation you mailed and the date you mailed it. You may wish to make a copy of the entire package before mailing it.


    Place all supporting documentation into one package and mail it to the address provided on the Confirmation Receipt notice. If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Failure to follow these guidelines may result in processing delays or even denial of your application.





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  • starscream
    06-10 11:59 AM
    We should not waste our time and money on this. I also would like to understand the lobbying impact of IV. After hearing tech lobby brought CA governor into picture and even that does not make any difference in favor of tech companies, are we making any impact with 200-300 thousand lobbying and some web faxes?

    There is no question about IV effort. But the question I have is impact of that effort.
    Per this article..tech lobby seems to had had its impact. Expanded H1B & reducing GC backlog ...before points system takes effect. All this of course if the CIR comes back.

    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/09/H1B.TMP



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  • NolaIndian32
    04-27 08:11 PM
    Receipt ID: 9FJ35855WV298890L

    GO IV GO...

    Thanks Czar!!

    Now up to $3436!!! (Santb1975 will double check my math :))

    Go IV





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  • Suva
    05-18 10:02 AM
    Sent emails to NJ lawmakers. Thanks.



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  • Macaca
    09-13 09:17 AM
    People are always blaming
    their circumstances for what they are.
    I don't believe in circumstances.
    The people who get on in this world are
    the people who get up and
    look for the circumstances they want, and
    if they can't find them,
    make them
    George Bernard Shaw





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  • scamp
    05-10 09:27 PM
    Hi,

    My company just laid off although I am not one of them my question is can i stiil apply labor certification substitution?

    Thanks.



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  • mohican
    01-02 12:50 AM
    I have made similar post on another thread on IV--so this is a repeat:

    The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.

    Question to you and other forum members: Is there a thread on this specific topic?

    My situation:
    I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

    I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

    The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

    1. Is any one in similar situation?
    2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
    3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.


    Mohican





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  • gcbeku
    06-13 09:12 PM
    I am already in the porting phase. My EB2 labor is in process. I just hate to see those still in EB3 hoping their day will come. They need to port their applications right away, or those with recent filings using fake experience will be ahead of them coz EB2 gets processed first with all the spill over.
    And I would rather help them than someone like you who would not even disclose your info. You are a clear example of someone trying to walk the walk of the illegal aliens.

    And what makes you think it is silly socialist? Unless you are one of the new graduates with a bachelor's degree with 5 years of experience on your resume.

    My bad.. I misread your post. Your words sounded as if you were complaining about ethical reasons and not porting even if you were eligible to do so. It looks like you are the right thing already by porting.



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  • alterego
    11-07 10:28 PM
    Looks like the Leadership of the house is changing.
    Interestingly I heard one of the republican commentators comment that whatever happens, including if the republicans lose there will be a change in the house minority republican leadership, he was putting forward people like Pence and Shadegg as the new leaders(they have been pro SKIL bill). In other words, No Hastert, No Sensenbrenner etc in the committees.
    Interestingly in the districts that republicans ran anti-immigrant platform, they lost badly. One of the bellweathers districts for that in Arizona, Candidate Graf(who got the republican nomination by his very hard anti illegal immigration platform) lost heavily to a democrat who is pro CIR. There are many more such examples (Sen. Santorum is another example). Thse results bode well for legislation as long as the issue comes up for debate again in this congressional year.
    Who knows, now the house republicans might even be willing to consider it in the lame duck session, as atleast they will get to have some say in it. Will be interesting in the next few months.





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  • knowDOL
    07-05 10:32 AM
    h4hopeful, I am sorry to reply late. EAD lets you work. you can get EAD when your H4 spouse applies the I-485 (third stage of GC), he can also apply I-765 which will get you also an EAD along with your spouse. In order to apply for I-485 the visa numbers should be current for your spouse's priority date (Date on which your spouse's company initiated the GC process filing Labor Certification). Currently for India and CHina the dates are heavilyt backlogged. ImmigrationVoice is making our voices heard in the congress so we may get some relief. But we can only be hopeful about this, for an infinite period of time. We cannot help other than saying sorry to each other.



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  • go_guy123
    08-09 12:25 PM
    I have never lived in Canada but married to a Canadian citizen so I am writing this with her help and with my limited knowledge. I don't think 50K per year is enough, you may survive but living standard won't be as good, say, compared to Texas (if you are in CA then its different comparison). You pay more taxes, high insurance premiums, clothes are expensive etc. everything is higher. As per my bro-in-law, the sale price of houses in Houston is less that the cost of building house in Toronto (he is a financial consultant in Toronto). I heard socially Canada is better than US and have nicer people.

    Heath care is free (not dental, vision etc.) but you eventually pay more taxes for that so if you are planning to bring your parents this could be good but for healthy young family basically you pay more taxes for health of others. Health care can be compared to US but not as good because there is cap on doctor's income (300K??) and many good doctors move to US.

    TN is definitely good and hopefully it will remain for Canadian citizens and can be renewed with no cap for maximum years but but your dependents can not work with your TN visa.

    I, myself, have applied for Canadian PR and should get it soon but that's just as stand by and won't move there unless I have to.

    Yes what you are saying is true. I am not denying that but how long can you stay on
    H1B is the question. But yes I also started with 50k but I am moving up. IT salaries are higher. I know banks paying 70K and going even more above 80K. You can also work as independent contractor type unlike H1B. No middle men inbetween and all expenses before tax.
    Yes ofcourse US is a far bigger economy. But I was born in India, what can I do. Within my contraints I am looking for best possibility.
    When I feel down/upset I look at this video and I feel far better and motivated: http://www.youtube.com/watch?v=nQPmY4nIjVE&feature=channel_page

    Since your wife is Canadian citizen, basically your downside risk in US is hedged. If things don't work out you can quickly move to Canada. But for others with Indian passport
    it is not so. Like I said before I am not against working in US under TN1 or H1B. Just that
    I am willing to work under desperate body shopper slave like conditions. If I get position under direct client in H1B its fine with me. In fact when your company knows that you are not that desperate they also treat you differently. Is your wife also born in Canada, if so then it is even beter, you are out of the EB-I trap. You should definiately look for US options.

    Long back when we were working under H1B/OPT for a company in US, there was the annual bonus/promotion announcement. And I saw that none (except 1) of the H1Bs got a promotion. Just one H1B got promotion and that person had recent married a US citizen. Basically the company knew that its leverage over him is gone and in order to retain him they need to promote him. It is all a zero sum game my friend.





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  • kris04
    08-05 03:36 PM
    No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.

    India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.

    I have much better lifestyle and opportunities than Canada or even western europe! Period.

    Going back to India is not a bad option at all, but it is really subjective to each individuals about what gain we are going to get out of gaining GC or citizenship from US or Canada like settling down in these countries for good or moving back to country of origin later. In my opinion gaining citizenship from US or Canada before going back to India will be always advantageous, one future perspective these countries have bilateral agreements with other developed nations where you can travel without visa for business trip or for even jobs where you're treated differently as against India citizens(Asian origins doctors who work in UK know this difference). Its a known fact that the pay structure in Gulf countries are different based on the citizenship.

    My 2 cents

    kris

    Country of origin: India
    GC Status : Approved in 2008



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  • HariDod
    07-20 01:48 PM
    Hello,

    We are on same boat too.Looking for options to file I-485 without receipt number.Our lawyer insisted that we can not file I-485 without receipt number.

    We spoke with employer to let us know if they can see cancelled checks online.People who have applied in early july ,can you please let us know how many days it took to get the checks..

    Just hoping to get the receipt number ..





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  • girijas
    06-26 04:30 PM
    If there any IV volunteers around DC, it would good to go his DC office and if possible meet the congressman itself to explain our case.

    I am willing to do it. I did call up the local senators and congresspeople about supporting the bills. I have asked the GM of my company to give me some political contacts (am still waiting on him) since he had recently gone to DC to do some lobbying for small businesses. Let me check in the DC/MD forum and figure out who we should target/meet.



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  • gunabcd
    07-17 10:33 PM
    What freedom and justice you are talking about? The folks on this forum are not responsible for you misery. So stop venting you frustation here. Though, I sympathize with you situtation but unfortuantely the whole legal system is unfair.
    What we have done here is a good start, soon we will lobby for passing of SKIL bill . And the day is not far when you too will be benefitted by these efforts
    Please and i'm begging you that please read the entire post and think for a moment before replying. I'm not in BEC, already filed my 485. I'm aware of the IV efforts towards getting relief for BEC people, I never disputed that. My point has been that the system and July bulletin is unfair (at least from one angle) and that calling it unfair/unjust should not upset others. I don't know what words were used by Bigtime and banning him was fair or unfair.





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  • sheela
    06-26 03:11 PM
    Thanks Sheela.

    I got a relief. So since I ma on EAD and on I-485 status is it ok to take a break for 3 months and then start the next job. So this break will not affect my status right.

    Yes, that is right. On EAD you can stay in-between-jobs





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  • sangmami
    07-03 08:50 AM
    Called uscis and asked what happens to the app already received by them?
    The rep put me on a hold..(guess went and asked somebody) and answered that all the app received will be put on hold(not returned) and said they will not process ead/ap too.Di anybody else tried calling and ask the same?did they tell the same thing?Just want to know if i interpreted it right?
    Thanks.





    psaxena
    09-30 07:44 PM
    You should show some decency in replying to posts. Otherwise it reflects where you come from. - I come from a down to earth broad minded background where "we" together help and try to make lives better, .. but I am skeptical about you and your background because thats a selfish, mean and free loader character.

    By donating few dollars, you are not entitled to write anything on any forum. If you think that a thread is not for you, you should not post there.- Atleast I donated something , and I never brought up the point of donation, you were the one who came at me first saying, "Sell you plane and donate IV" It seems you have a problem with the people with the tag "Donor" and that is for the reason that your self conscious is making you feel ashamed of being a free loader.

    If you are a proud donor, good for you. :)
    But why dont you start a local chapter and do some field work instead of just writing a check and claiming yourself to be a superior guy to others.
    Don't even dare tell me what should I do and what not, I do what I can.Don't you think even once before writing you moron, what have you done that you can advice me????
    Nothing.. I wanted to write a lot, but you know what , you don't worth, loser.

    Just get lost....................I just don't believe that this kind of idiot species still exist in this world.





    Saralayar
    07-01 10:35 AM
    I got the same email this morning and status said EAD was ordered on june 30th.
    I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...
    Your theory is wrong. I am on H1B and not on EAD. My application was recieved on 06/20 and till today no changes.



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