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yabadaba

09-26 05:21 PM

Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...


this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.

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gcformeornot

04-01 06:55 PM

do not post on this forum. I am personally don't like LC subs. Genuine reasons for LS I can understand but this pure abuse of LS.
People pl do not answer.

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LongJourny

02-03 10:54 PM

Hi Guys,

Thought you might interested in my case status. I have visited chennai consulate and my case was approved without any questions raised. They did not even asked any documents for verification. All I submitted were DS 156, DS 157 AND I797. I am glad to share my experience. Thanks for offering suggestions and sharing your experience. :D

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invincibleasian

02-06 05:09 PM

I dont have EAD so I cannot comment!

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Maverick1

10-17 12:46 AM

hai all ,

i dont know where to write this topic , if it is wrong place please excuse me.

i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question

by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.

please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .

those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.

i will really appriciate your help .thank you in advance.:mad:

Since you have EAD , You can take up any job you want/get from the immigration point of view.

Since you seem to prefer the jobs that suite your qualification (B.Tech Computers) , you can take up programming and/or System Analysis kind of jobs. Do you have any work experience ?

Although you can take up a data entry job, it will not generally pay much and you will not be using your full potential (B.Tech)

You can start by taking some training (If you have not done so already). Post your resume in the job sites suggested above. Some companies take people with no experience also as long as you have the potential. My suggestion would be to be honest.

It is better to spread the word in your friend circle that you are looking for a job in certain areas. Some times these personal connections give you good job positions leads.

Improving the communication skills and technical skills in some areas is a good starting point.

Good luck.

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nogc_noproblem

11-14 09:55 PM

I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.

People from those countries listed by you (except China & India) can get GC much faster than people from India and China even though both of them have same / similar / identical skill-set, just because of this per country limit. is it not discrimination?

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Eberth

10-21 06:08 PM

hehehe, btw, could anyone draw a dogs bed for me, hehehe,

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kriskris

02-24 04:10 PM

In 2-3 weeks span..

Can you please tell us the IRS address where you sent the request for updating ITIN with SSN.

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njboy

09-11 01:38 PM

-----------

This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------

not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..

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immi_enthu

09-28 06:03 PM

Some have the July 2nd receipt date but other have a later date especially if your case has been transferred from NSC to CSC and then back to NSC.:rolleyes:

yes I am :D and there are many July 2nd filers who have July 2nd as the receipt date and may not receive the EAD by Oct 1st. I may not either. I guess I am not that lucky here.

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blackberry

07-16 10:32 AM

I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...

Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
well said..

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anilsal

11-08 10:50 PM

I think there is a crack in the rules. What if the labor is approved and I140 is pending? No 7th year H and no 3 years. Is that right?

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lostinbeta

10-21 01:35 AM

Wow, very interesting. I have never heard of that before.

Well where I was thinking falls in those rules, according to that grid, it was #2.

Like I said though, put it where you want... don't mind me...just blurting stuff out.

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injrav

03-25 01:51 PM

gap between your company A exit date and the date they withdrew your I140?
As per law,, they should not do it for 6 months old approved I140 ?

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rkotamurthy

10-01 11:37 AM

bump ^^^^

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surabhi

06-02 10:50 AM

NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

To my mind, going out of country and reentering is envitable in either situation.

1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

Attorney should confirm this.

2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status

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smiledentist

06-14 06:33 PM

Any more advices please

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FredG

August 8th, 2005, 12:15 PM

I love that shot! Wonder how a flock of small birds passing by (not overhead) would look with their erratic flight paths?

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gjoe

08-20 08:44 PM

:)

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ski_dude12

04-01 11:09 PM

11 years for me... but I have not done anything to cut someone off... just waiting patiently...

hey zcool be cool man..

i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..

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pmat

07-24 03:28 PM

More details are needed to answer this question better.

I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.


One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

Thanks you for your time.

His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

Thanks
-M

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ram_ram

09-11 02:59 PM

The PDF says

FOR MORE INFORMATION CONTACT USCIS OCOMM 202.272.1200

So may be we can call and ask them if the 140 times are less than 3 months, Did we miss our approvals in mail? :)


http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.

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manand24

10-15 02:12 PM

I don't think so,

my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.

Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.

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bharani

10-02 05:00 PM

As the title says if your EAD has expired or is about to expire in couple of days and have not received renewed EAD, what are you doing/planning to do?

I have seen few threads in the site having information all around. I thought may be its a good idea to consolidate them here.

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vban2007

05-29 11:11 AM

October 1st, 2008 your status will be changed to H1B after the approval... So you will have to move to new company

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skdskd

10-15 03:32 PM

Sorry to add to the confusion and I had replied to the same question in another thread, but my lawyer told me I can be on H1 and do additional work on EAD since H1 is a dual intent visa. He also told me that nothing needs to be informed to the immigration authorities once I start using my EAD. I know this is contrary to what everyone said in the comments above, but this is the reply I got talking personally to my lawyer.

Even my lawyer told me that I can be on Both H1-B and EAD

But It is not true for H4 , You can not be on Both H4 and EAD

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lee.cook

May 30th, 2007, 10:27 AM

Hey Again,

I bought myself one off those Giotto Rocket Blowers thingimajigs, but wanted advice on the correct way to use it, the angle etc, angle off the camera.

Anybody got any pictures of the correct way? thanks very much.

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wandmaker

12-01 08:53 PM

how about being a monthly charge of some amount to be members who can post/respond. Others can read but not post. This way you will know exactly how many paid members you have and amount you can expect monthly

how about breaking this into multiple levels.

(1) account maintenance fee: charge $1/month for maintaining the account, members who paid this fee will have read access to all threads except IV core updates. IV can generate $25K a month with this option, this can cover day to day expenses.

(2) usage fee: charge $??/month for using the IV forums, members who paid this free can post and respond and read IV updates.

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indigo10

04-05 06:27 PM

Alex, you Rock !!!

Though your case is weak(in my personal opinion because you seem to have entered US uninvited), A complaint against the employer may unravel some strong cases when the investigation happens.

This is from my experience:
Few years ago, some one complained against our employer about back wages and we all benefited from it. Our employer had to pay the wages for the vacations that we took (supposedly paid vacation) which they would not have paid, if the investigation had not occurred.

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ras

07-02 12:53 AM

following few more reasons may be added.

- When a new employee arrives his/her knowledge of immigration matters is quite less and doesn't intend to take risks of going against the employers wishes. This is being exploited by many employers by way of threatening to cancel H1, intimidating that they will have to return back, instilling fear in all ways and means in the employees about the negative aspects. This leads the employee to think and step back in going against the employer.

Soln : Better educate the new employee about his rights as soon as he arrives. This could be either through forums, websites or even an official supplement from USCIS which should be handed over to the employee when his H1 is approved. ( It could mention and clear all myths officially by USCIS). This instills courage in the employee to question the employer if not go ahead with law suits. Also, this even may reduce threatening by the employer.

- Further most of the employees want their career slate to be clean without any law suit, dots, etc until their life is secured by way of GC approvals or some form of assurance from the Govt. This makes them step back on taking action against the employer.

Soln: Well if there could be a system where anonymous complaints/whistle blowers are allowed, they probably may come out. However, rarely employee wants to reveal his identity though he suffers.

- The immigration matters are so complicated with so many RFE's people are scared to add another their event to their history. Any transaction with USCIS is kind of a risky feel for the employee.

Soln: This feeling should be removed.

- immigration decisions are uncertain so people want to be cautious in taking bold steps.
Soln : There should be assurance from USCIS that provided everything on the candidates side is good that his GC will be approved. If an employee believes that based on his/her good credentials in all respects they should assured be of a GC, they may come forward to fight against the erring employers


Soln: How do we make employee believe if everything is right on their part, an appropriate decision will be taken by USCIS. People still dont have confidence in USCIS decision making process.

- And for GC applicants, they fear anything against the employer would affect their GC process. At every stage (Labor, I 140 and I 485 ) they are being exploited in one or the other way. Always it the employee who is at the loosing end. I have never seen an empoyer loosing because of an employee...
These are some of the thoughts...

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Ramba

10-07 03:26 PM

True, but you are forgetting the basic definition of demand. Demand is willingness to buy supported by ability to buy. If you are from any metros in India, think how many of your Non-IT, mainstream friends draw more than Rs. 50,000 per month? How can someone making even Rs. 50,000 a month afford 50 Lakh flat?

If there are 10 people drooling out side Ferrari showroom that does not mean there is demand for 10 Ferrari :)

Cheers

ArkBird

I understand. Even for NRI it is difficut to afford now. The issue is the numbers. How many H1b and L1s come to US from 1990 t0 2008. Very very conservative estimation wil be atleast 2 million. This estimation ignores other NRIs in other country. Apart from this there are many resident IT folks makes 6 digit salary plays the role. If most of them tries to buy, we need to find another India. Indian real estates become a NRI colony,

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desi3933

05-08 06:20 PM

Feedbacks I have received for my post -

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sunny1000

01-08 03:42 PM

Bartely any movement for ROW either. How does the visa bulletin move to the state projected in the Jan bulletin.

Does anyone know whether State's fiscal year ends in June or September?

It ends in Sept. Oct is the start of new fiscal year for the Fed gov.

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01 - Amor En Mil Idiomas

WaitingForMyGC

05-25 02:43 PM

What a postive way to start, AKP? Why they want to increase H1b fees to$5000 to fund their college scholrship program..dont they have any other way to fund it. who is here with the begging bowl.?

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waitingGC

02-01 02:14 PM

In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.

Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

Substituted labor has further added to this problem.

I cannot agree with u more. Exactly what I want to say.

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mirage

03-11 11:16 AM

Congrats!!!
Got a mails from USCIS that both my case and my spouse's case are approved and card will arrive shortly. However the online status still says 'Pending'.

Is this common and will the online status change in a couple of days?

TSC
EB2 PD Dec 2003
Filed date 08/02/2007

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PavanV

09-17 12:52 PM

Hey,

How are you folks able to view the live discussion ?, can somebody post me the link , i am at my office and would like to view/watch it .

thanks

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JA1HIND

01-30 05:07 PM

Just now voted and it was questions # 20

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GCMan007

03-11 10:58 AM

Got a mails from USCIS that both my case and my spouse's case are approved and card will arrive shortly. However the online status still says 'Pending'.

Is this common and will the online status change in a couple of days?

TSC
EB2 PD Dec 2003
Filed date 08/02/2007

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hazishak

01-30 08:45 PM

Voted!!. Q104 and Q105 as of now.

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Ramba

03-10 05:47 PM

I seriously doubt that this list is a 140 pending. Not 485. In 485 stage NIW will not come into picture.

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snram4

01-10 09:12 AM

I think Founder of IV got green card 2 or 3 years back. So he may think it may be waste of time to write a message in Forum. Or he may be only working in background. Donor members and State chapters may have a better idea as they know more than normal members. If they also see no participation from him then we can decide that he is busy in his personal work and no time to devote for IV

I have been a IV member since 2006 . I have seen the ups/downs . donated money , sent letters , attended rallies and done whatever has been been proposed . But I see that many senior members who had the drive to motivate people are not sending or being part of any messages or threads at all and that is exactly why the movement seems to be losing steam .

The standard response that I see to any question is "have you donated money ? " . "Don't ask for anything till you have donated. " this is followed by some some red dots which normally works to silence the questions. People will be willing to donate when they believe in the movement . I remember we collected $ 30,000 in 1 month before the rally there was huge thread with all the donations . People were charged up and the money came up automatically . I am willing to donate but to be brutally honest I do not see the same level of motivation as was there in 2006 / 2007 days .Please use this as a wakeup call and not as reason to vent your frustration on me .

There are many senior members who I do not even see any more . Members joining in late 2007 or early 2008 will not know any of these guys .

Aman Kapoor . He is the founder of IV . I have not seen his messages since the past 3 years almost . Where is he ? Is it too much for him to send a greeting in New years eve motivating the members ? It takes just 2 minutes .

Mark Bartosik :- He was supposed to the spokesperson for IV .The guy with the MasterCard sign for immigration . I have not seen him for quite some time now
Where are the other senior leaders like
a) Walden Pond
b) There was a this British Girl from San Jose ( had a handle which had name like Rose or something )
c) Niloufer Bustani from Dallas. I see her once in a while but very sparingly .

The others even I have forgotten completely.

The only leadership/core that I see is Pappu and no one else . If you have a country where the prime minister shows his face only once in 4 years , how are the people supposed to believe in that movement ? Please don't reply with a message saying what have I done or why can't I contribute money ? I have done that I am looking for leadership to show us the way and motivate us . All campaigns don't need money donations( Letters , calls , faxes etc ) . We could start with that and then drum up support and momentum and then the money will start flowing in automatically . There has to be a synchronized campaign organized by the leadership and all I see is everybody putting their eggs in the basket called spillover.

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waitingGC

02-06 11:24 AM

So How come all we hear from the core team is requests for contribution? There is no detail of any actions/efforts that are happening currently? It will certainly be more engaging for all members to at least know what efforts are being worked on currently? I think expectations need to work both ways otherwise you just have an autocratic organization that has to follow and do as the leaders choose to do. Just my 2 cents and all you frustrated folks please take a deep breath before jumping in.

The IV core is currently working on the provision which allows 485 filing without PD current.

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gveerab

11-03 12:44 AM

Hi guys,
Today morning I was able to reach IO in Texas service center, she is very friendly and helpful. I had two I-140s one with EB3 and another one with EB2. She mentioned that both are not current, I explained her about the PD portability rule and about my letter of request to port priority date.

She said she is not aware of that and asked me to sent the Memo and gave her name and Fax number. I faxed related pages in that memo to the fax number provided. She also mentioned that she will send request I-485 processing unit and will add the comments about the PD portability. Also she mentioned that she will discuss about this PD portability with her supervisor.

Hope this help. I strongly recommend the guys who are current to call USCIS and find the case status.

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apt29

09-24 12:24 PM

Just an observation -

Folks who are defending IV has a lot of Green dots -

I rest my case.

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Googler

11-05 08:59 PM

You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.

Thanks,
Donald Bradman

Congratulations!

Do you mind sharing some details? It would be very helpful to know if they only helped because your case was extraordinary in some way.

How long have you been waiting for the namecheck to clear? What country are you from? What did you say about the adverse effects on your life?

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06-13 12:42 AM

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PD_Dec2002

07-10 09:07 PM

However this smacks of unfairness as well. See this comment on Greg Siskind's blog (http://blogs.ilw.com/gregsiskind/2007/07/service-centers.html#comments) in response to the news about TSC holding the applications while NSC's been retirning them and some July 02 packages have been returned as well.

Greg,

Where did you get this news? If they partially returned some cases received on July 02, it is very very very unfair for those got returned. They were the first getting in the line and now they have to wait at the end of the line??? If USCIS is going to treat the returned cases that way, they will face more lawsuits to come. If they are to hold later on cases, they have have have to allow the returned cases to be sent back and put in front of the line, with delivery notice as the proof of getting sent back.

This is very annoying notice indeed.


Posted by: no more patience | July 10, 2007 at 05:02 PM

----------------------

Thanks,
Jayant

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