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  • Kodi
    06-28 04:04 PM
    1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
    2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
    3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..

    Aren't you allow to extend your H1 if your I-140 is approved and I-485 is pending?





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  • nrk
    08-11 01:17 PM
    Don't worry rangaswamy, most likely your date will be current in the coming months (before december 2010 for sure)

    good luck

    Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.

    Sucks! i missed the cutoff by a week





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  • nixstor
    08-22 01:26 PM
    unless I am egregiously mistaken, I 140 is totally employers and not employee's. How can you invoke FOIA on that? I mean freedom of info doesnt mean a breach of privacy or disclose "compny/personal" documentation.





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  • vikram2101
    09-19 04:11 PM
    Well both are true - but most cases do not reach the file.

    maybe, but i would rather err on the side of caution for assumptions is the mother of all mess ups. :)



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  • sac-r-ten
    11-14 09:08 PM
    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx

    Leave them. they can't do anything. just make sure you get your last months salary into your account. point to note that once you see you salary into your account its take around 2-3 more days to make the final transaction into your account.
    GTSS,Inc bugger did this some us when we left it. these a%*&^ss holes live on our salaries and shameless dont pay us when we leave them.





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  • sunnysharma
    06-28 01:47 PM
    Does this indicate that all dates will be 'C' in July?

    Lets hope so



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  • nashorn
    12-17 01:12 PM
    Check/Bill-pay has been temporarily discontinued due to logistics reasons.

    PayPal automates the payments. Checks/Billpay requires an IV volunteer (trusted by IV core) to take time off and physically collect these checks/echecks from the IV mailbox in NJ, and deposit them to the IV bank account. Someone has to spend time and effort into doing it !
    Are you saying IV can't find anyone IV trust to do this, or nobody in IV core thinks it is woth it to do some extra leg work? I don't think IV has the luxury of not doing the leg work. Every peny counts.





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  • dhirajs98
    06-28 12:28 PM
    This is what the last part of the text says:
    This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.

    With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

    I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.



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  • gapala
    01-15 11:00 AM
    What does that have to do with the price of rice in China????????????
    ...

    :D :D :D Dude, There has been several incidents in past 1 year enough so you can draw a pattern. Do not act in ignorance. We have to pay attention to happenings around us and be cautious of the surroundings.





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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.



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  • raysaikat
    05-21 03:19 PM
    * NSC I-140:
    EB-1A = 01/19/07, EB-1B=04/27/07, EB-1C=02/21/07, Schedule A=02/15/07, EB-21 = 06/05/07, EB-2B=02/27/07,
    EB-3 = 03/10/07,
    EW = 03/01/07

    * TSC I-140:
    EB-1A = 08/26/07, EB-1B=08/26/07, EB-1C=08/26/07, Schedule A=08/26/07, EB-21 = 08/26/07, EB-2B=08/26/07,
    EB-3 = 08/26/07,
    EW = 08/26/07

    Website now shows April 15th dates.
    Looks like they are changing the dates again...

    Interesting ritual one has to follow :)

    1. Copy the link on your clip-board (highlight and Ctrl+C). E.g., the following is the link for TSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    2. Close *all* your browser windows. Perhaps you might want to open the task manager and kill the "process tree". But simply closing *all* the browser windows was sufficient in my system.

    3. Open your browser. Paste the link (Ctrl+v) on the browser and voila!





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  • karl65
    08-25 08:10 PM
    I can't believe how dummy is the DL system in NJ:confused:.

    I live in Illinois and I could get my DL farther than my H1B due date. I have renewed my H1B twice and my DL is due next year.



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  • ags123
    04-07 08:23 PM
    Till 2007 that was how it was being interpretted and then suddenly DOS realised it should be by category and not by country of chargebility.
    The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
    The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.

    However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
    In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
    This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
    So either method wont help Eb3 ROW. Its a double whammy.





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  • GCNirvana007
    08-25 01:34 PM
    I went thru TSC-EAC-TSC cycle. I did quite a bit of research online :) and found they did approve those cases, if PD is current. So, that shouldnt be a hurdle. Key is make sure you have all the checks are passed and current.

    Well, there you go. Good news to sdrblr.



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  • bheemi
    03-03 10:08 AM
    one more thing when I need to add in bill pay do i need to select company or person..
    pls let me know immigration voic contact ph no also..

    Thanks
    Bheemi





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  • msyedy
    05-24 09:10 AM
    What are the chances to pass the bill?

    Let us discuss all our views in Latest CIR bill discussion threadrather than opening a new thread. I am not forcing you but I feel that it would benefit all of us to be in one thread becuase every member can get the latest views and news.

    My intention is not to offend you in any way, It is a suggestion..



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  • gcdreamer05
    02-02 01:50 PM
    Hi Diptam and others, few questions about FOIA,

    1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?

    2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?

    Thanks, has anyone successfully got it back ?





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  • gcgamble
    08-15 10:35 AM
    From everything I've read before, it is safe to stay with the sponsoring employer for at least 6 mos.

    There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.

    Citizenship is going to happen only after 5 years . But by then it would be long time gone .

    the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?





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  • unitednations
    03-15 11:52 PM
    sure prove me wrong.

    If you are telling me that VO or IO has access to all criminal records from all 51 states, i can't stop laughing here.

    If they have access, why do they even have a section for declaring voluntarily?? to test honesty of the applicant??

    Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.

    Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.

    There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.

    I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.

    In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.

    Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.

    I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).

    Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.

    Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.

    This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.

    Department of Homeland Security has access to a lot of information that they didn't have before.





    intezar2005
    10-18 03:41 PM
    Infopass and Expedite on ph did not work. My congressman office helped me to expedite AP . Mine and my wife's AP got approved even though we requested expeidited only for my wife's AP.





    black_logs
    01-09 09:08 AM
    Greetings.

    I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..

    http://www.immigrationvoice.org is a banner under which we are getting together to
    1) Find solution to employment based greed card retrogression
    2) Labor delay in the backlog centers.

    All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.

    Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.

    I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.

    Here is how you could help towards this cause and solution to retrogression & Labor Delay problem

    1) Register as a member of http://www.immigrationvoice.org. It is free.
    2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
    3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
    4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.

    Thanks for all your help .... Happy New Year!
    Please forward this mail to as many friends you can.

    Volunteer @ http://www.immigrationvoice.org

    WaldenPond,
    I have just contributed using paypal. I really appreciate the efforts you are putting into this. Is there any introductory email that can be sent to prospective members to spur their interest and compel them to come join and contribute?

    I would like to send such an email to my contacts. I am sure many people can use that.

    Thanks