Wednesday, June 29, 2011

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  • optimystic
    03-26 02:48 PM
    Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.

    You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?

    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!





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  • saimrathi
    07-09 06:45 PM
    :d





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  • Sri_1975
    06-22 12:13 PM
    Hi Guys any updates..





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  • mbartosik
    03-25 12:12 AM
    http://immigrationvoice.org/forum/showpost.php?p=193586&postcount=23

    This thread also discussed EAD being rejected by employers.



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  • pappu
    01-08 09:43 AM
    The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended.

    It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.

    Pls feel free to change the text of the letter and personalize it if you wish. If you wish to include your story and attach a photo copy of your degrees, patents, awards, please do so. Just make sure to include the provisions we are trying to push.

    If you are handwriting the letter, your writing should be legible.. If nobody can read your writing, then it will defeat the purpose. Write the letter in such a way that the key points are easy to read. If you would like to use rules, bold text, highlighters etc... go ahead and do it.

    We all need to be as creative as possible to make this campaign a success.





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  • crazyghoda
    09-23 04:42 PM
    That's exactly what I wrote a few posts above. I think the more basic question is - What does 485 inventory mean? Is it already filed 485 numbers or "can be filed based on approved I-140" numbers?

    To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.

    If these are pending 485 applications at USCIS, Number of pending applications with PD later than JUL 2007 should be zero.

    If these are labor filings, they probably dont include dependents.



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  • bayarea07
    09-11 08:27 PM
    Called Bob Goodlatte (R-Va.)202- 225-5431 and left a VM





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  • vxg
    08-24 03:52 PM
    It will not work in case of power failure unless you have UPS back up for your modem. You will need standard landline to work with Brinks. I would advise to get cellular backup and make that number is first number to call in case of a break in. Burglars generally cut phone line when they become aware of security system. There have been some complaints where security companies just called the landline and since you didn't answer they left a voicemail. Logically they are suppose to all cops.

    I have a cell backup and Brinks has called my cell when no one answered home phone. So if there is a power failure, the system may not send and alarm to Brinks when a break in occurs not sure? Does it uses a phone line to send the alarm to Brinks etc?

    How is the call quality when you are using internet heavily for downloading?



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  • raidohri
    06-15 02:22 PM
    Hey Nandu,
    How are you man?

    whoooo ?





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  • meghanap2000
    10-20 12:09 PM
    Hi,
    I am happy to share the news that I received CPO hard copy on exactly Diwali Day. Lord Ramachandra Ki Jai.

    Here are the details of my case and what did I do to get this CPO mail. It may help others to follow up with USCIS.

    1. Applied EB-3 India in July 16th 2004 .
    2. Waited for about until 2006 July, but no signs of EB-3 labor approval.
    3. Applied EB-2 labor under PERM Sep 2006 and got approval in 7 days. this was amazing………..
    4. Applied I-140 for EB-2 labor in Oct 2006 and received approval after 6 months, still my EB-3 labor not approved.
    4. Applied I-485 on July 2nd 2007 along with my wife with EB-2 PD Sep 20th 2006.
    5. Received the receipt notice with the notice date of Aug 30th 2007 and receipt date of July 2nd 2007.
    6. Received the Finger print notice on Oct 15th 2007 and gave finger prints on Nov 10th 2007.
    6. Received the EB-3 labor approval in Dec 2007 and applied for i-140 for eb-3 and received i-140 approval in June 2008.
    7. Now I have 2 i-140 approvals one EB-3 with pd of July 16th 2004 and other eb-2 i-140 with Sep 20th 2006.
    8. Changed to better attorney who can better handle the i-485 in terms of the PD transfer and follow up with USCIS.
    9. Attorney sent Priority Date porting request to Texas service center in June 2008 along with new g-28 forms.
    10. Called at least 4 times in 2008, but got the response that my processing dates are not current yet means. Not reached the July 2nd 2007 or Aug 28th 2007 which is my i-485 notice date.
    11.In June 2009 Called USCIS POJ method and got some nice officer in Texas service center who opened the SR to open my case as my case is out of processing time.
    12. Got soft LUDs in June 20th 2009 and called usics cust service and came to know case is assigned to an officer.
    13. In July 20th 2009, got email update saying the case is transferred to NBC for further processing.
    14. Next day again got email, case is transferred to NBC and I will receive the interview notice.
    15. Got interview notice to go to local office on Aug 5th 2009.
    16. Online status changed to case transferred to USCIS office........
    17. Went for the interview on Aug 5th 2009 to local USCIS office along with my wife, office was very nice. Officer asked general questions which are on i-485 (like have u been arrested, have you been involved in terrorist activities etc.) form and questions about my wife's name and marriage date etc.. Officer did not ask even for employer verification letter also, I myself handed over that letter to her. She did not even saw that letter.
    18. Dates were not current on Aug 5th 2009, and officer told, she will take a decision after dates are current.
    19. Waited for Sep visa bulletin and dates became current, as my case is at local USCIS office, all attorneys who are the members of AILA will have direct contact to local USCIS office supervisor ph no and email id. These details will not be known to applicants. My attorney sent an hard copy request on Sep 5th 2009 to local USCIS office to adjudicate my case as my PD is current.
    20. Waited until Sep 15th no update was received from Local USCIS office or no update on i-485 LUDs online.
    21. Took info pass on Sep 16th 2009 and went to local USCIS office and got nice Info pass immigration office, very co-operative officer. He told me that my case is now back to central storage location and waiting for the visa no. I told him my PD is current, officer himself gave me an yellow form (please request for this form, otherwise they don’t give it normally) to fill up to send to other department supervisor in local USCIS office. Filled up and gave the form along with my i-485 receipt notices and i-140 notices. Officer asked me to wait 3 to 4 weeks to contact again. No luck until Sep 30th 2009.
    22. On Sep 26th 2009, attorney sent an e-mail to local USCIS office and got the standard response on Oct 1st 2009saying to wait for 3 months etc..Again attorney received an e-mail on Oct 2nd 2009 that my case will be adjudicated soon.
    23.On oct 4th 2009 took info pass again and went to local uscis office, again got nice infopass immigration officer and explained that they will request visa no only once (recently Murthy law firm posted that way USCIS and DOS dept interact) and I need to wait until visa no assigned by DOS. Gave again yellow form to sent to local USCIS supervisor to look into my case.
    24.Called 1-800 number and asked if there was any update on my case, got very very nice supervisor from customer service center, and he told me that my case is now assigned to an officer on Oct 6th and I should see result in 2 or 3 days.
    25Atttorney sent an e-mail again to local USCIS office explaining my PD porting details just to inform officer again.
    26.Got CPO email Friday oct 16th and received courtesy notice of approval i-485 on Diwali day on Oct 17th 2009.

    If the case is at local USCIS and your PD is current, please take info pass every 2 or 3 weeks, and request for yellow form and fill it up and give to info pass officer. This will help to move the case faster if the case is at local USCIS office.

    Overall, please call repeatedly to USCIS cust service to get some good officers and you will really here somany good things from them. What I understood from my exp, that the customer service officers now far far better and good than 6 months back..Really thankful to USCIS for providing good customer service.

    I hope this post helps most of the people whose dates are current....



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  • manand24
    09-18 09:16 AM
    Yesterday, I received receipt notice via USPS Mail for:

    1. My I485 application
    2. My I-131 application
    3. My wife's I-485 application

    Still waiting to hear about My wife's I-131, I-765 for me and my wife.

    See signature for details.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
    WIFE
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND Pending - NO Update yet
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet



    I have not received any reciept notices yet. I also filed on July 2, 2007.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending





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  • FrankZulu
    06-25 11:52 PM
    PERM EB2 India
    PD:Feb 2006
    I-140 Approved

    BEC EB2 from same company
    PD: Dec 2004
    Just approved today


    I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
    as I don't want to take chance with refiling I-140 for PD Dec 2004.

    In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
    PD for my pending I-485 if dates are current for that PD?

    Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.

    http://www.murthy.com/news/UDpen485.html
    According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case

    "The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."

    Anybody please advice if this is still true and based on that
    for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?



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  • snathan
    09-23 05:06 PM
    If these are pending 485 applications at USCIS, Number of pending applications with PD later than JUL 2007 should be zero.

    If these are labor filings, they probably dont include dependents.

    What if its RD and not PD...?





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  • bazuka6
    10-29 11:21 PM
    From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

    In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.

    Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

    After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

    I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
    http://immigrationvoice.org/forum/showthread.php?t=21716

    To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

    Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.


    Please change Dear Madam to Dear Ms. Velarde....

    Madam can be taken out of context (esp in Washington ;) )

    I mailed all 4 after changes



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  • mbawa2574
    08-07 08:06 AM
    Notes:
    If you already have applied in EB2 you won't be affected.
    If you have a Masters you won't be affected.

    I am EB2 India with Dec 2005 waiting. I think all EB applications should have fair short. So if a EB3 can become a EB2 legally, I think it is a fantastic thing.

    I did not know about this rule. I changed employer in Jan 2005. My last employer's lawyer ill advised them to file me under EB3 in spite of the fact that the job paying off close to 200 k in compensation required B +8 and M+4 years of experience. I changed the job in Sep 05. Next company did the right thing and started the labor in EB2. I did not know about porting/interfiling otherwise my PD would have been Jan 2005. So even if I would have done a Port/Interfile, how am I at fault ?





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  • digital2k
    09-09 04:04 PM
    Admins/ Mods,

    Please send an email from 'admin to registered users'.

    Thank You

    thanks to digital, here's an email template if you need.

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


    PLEASE SPREAD THIS MESSAGE AND CALL
    Dear Friends and well wishers,

    Please take a minute and Your call today can help half million people ( Talented, Legal immigrants ) in waiting ...

    BACKGROUND & TALKING POINTS
    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. It is estimated that 216000 green cards will be recaptured which would help to eleviate the employment based backlogs.

    Please use the instructions provided below to make the phone calls.
    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters
    (2) If they are not available leave a VM for them -
    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also."

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    Pls inform Majority Members Democrats: More people will be able to get their citizenship in reasonable times.
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Please inform Minority Members Republicans: Companies will be able to attract more talent which improves economic performance."
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member] 202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.
    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman support.

    Community of half million will appreciate and bless you for your efforts...
    Thank You
    House Judiciary Committee Members
    Tammy Baldwin (D-Wis.) 202- 225-2906
    Howard L. Berman (D-Calif.) 202-225-4695
    Rick Boucher (D-Va.) 202-225-3861
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Tom Feeney (R-Fla.) 202-225-2706
    J. Randy Forbes (R-Va.)202- 225-6365
    Trent Franks (R-Ariz.)202- 225-4576
    Elton Gallegly (R-Calif.)202- 225-5811
    Louie Gohmert (R-Texas) 202-225-3035
    Bob Goodlatte (R-Va.)202- 225-5431
    Luis Gutierrez (D-Ill.)202- 225-8203
    Darrell Issa (R-Calif.)202- 225-3906
    Hank Johnson (D-Ga.) 202-225-1605
    Jim Jordan (R-Ohio) 202-225-2676
    Ric Keller (R-Fla.)202- 225-2176
    Steve King (R-Iowa)202- 225-4426
    Dan Lungren (R-Calif.)202- 225-5716
    Mike Pence (R-Ind.) 202-225-3021
    Adam B. Schiff (D-Calif.)202- 225-4176
    Robert C. Scott (D-Va.) (202) 225-8351
    Brad Sherman (D-Calif.) 202-225-5911
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236
    Betty Sutton (D-Ohio) 202-225-3401
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931
    Maxine Waters (D-Calif.) 202-225-2201
    Anthony D. Weiner (D-N.Y.) 202-225-6616
    Robert Wexler (D-Fla.) 202-225-3001

    More info :
    Please take a minute and review the list of Judiciary members http://judiciary.house.gov/about/members.html. If you, your friends, or your
    family have any district-based connection with any of them, please reach out to these members (phone, email, fax, etc), let them know how important it is to get the bill passed this month and urge them to vote YEA on the bill. Constituent interest/support from key individuals, health care providers, recruiters and other organizations is critical at this stage.

    It will be great be to have major support from House Judiciary Committee http://judiciary.house.gov/about/members.html on Wednesday, September 10, 2008. In these economic and crucial times for our country...

    If the HJC successfully passes the measure it will allow the full House to act on HR 5924, giving half million talented legal immigrants a ray of hope for action in 2008. Sure a very good step for USA.

    The House Judiciary Committee intends to markup HR 5924, the Emergency Nursing Supply Relief Act, on Wednesday, September 10. Several other measures will also be marked up, including HR 5882, Congresswoman Lofgren's recapture legislation, HR 6020 (military), and HR 5950 (medical care for immigration detainees).



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  • pappu
    06-25 06:12 PM
    IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
    Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
    I hope people who posted on this thread and those whose question got answered consider contributing to IV. This was an important question confronting lot of people and lawyers were giving different and vague answers. All the information was researched and given to our members. Everyone was spending hundreds of dollars each asking lawyers this question. Contributing is a way to express your support for the community.





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  • crystal
    07-12 09:36 AM
    http://www.thnt.com/apps/pbcs.dll/article?AID=/20070711/NEWS/707110343/1001





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  • mrsr
    06-27 04:44 PM
    confirmed with two lawyers ( both says same can put tin number ) rest up to you

    are you sure?

    ITINs purpose is to ONLY put it when filing taxes. And all forms clearly ask for SSN# SO I dont think your lawyer is advising correctly.

    ITIN cannot be used for anything other than filing taxes.





    gc_on_demand
    09-16 11:36 AM
    WOW that is good.. by nov they will clear all backlog ..( Pending more than 1 year ).. from June 2009 name check will be cleared in 3 days..





    nish
    06-12 06:36 PM
    Thanks for your reply.

    They have not specified anything like my prior company is fake in any of the communication email.They are asking me come back because they find something wrong about my prior company after four year and i am not able to provide more evidence.During four year i worked in 10 to 15 project for diff client and for each project first they did BG and put me in project.Now they are asking me that provide some more evidence or come back to offshore.
    I know if i come back to india they will give me layoff from company.In this situation how do i fight with my company.

    Please any of guide me if any of member come across in this situation



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