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  • anilsal
    11-08 09:29 AM
    My personal opinion is that at the national level, the immigration issue was not key. At certain local levels, maybe it was. I think it is time for us at IV to look to the new ocean with new hope.

    But the work remains the same. Awareness, drive and confidence until we succeed.





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  • sc3
    11-15 06:05 PM
    If you were not told the correct bill rate, you can recover that money. Simply ask them in writing to show you the contract since you are on 70/30 basis. The written contracts, oral contracts, emails all stand in the court but how will you prove an oral contract? If you have found an offer that meets your expectations just quit. We all make the same mistakes. We spend our time on working out things where they are not working. Just "quietly" without your employer getting a hint, find a job and quit.

    Bill rate? 70/30 basis?? Contract??? I would like the OP to report his employer to DoL. DoL and USCIS will kick both the OP and the employer. It is easy to get carried away saying that the employer is blood sucker etc. But very clearly, you should know that there can't be these kinds of contracts on H1. The employer knows that people who go to them are on thin ice, and so does the employee (employer is there to do business -- he is not running charity).

    Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.


    To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.





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  • dudes2006
    02-10 07:04 PM
    Project_A - Were you able to file eb2 and got approval after completing online MS ? Also how does uscis treat online MS compared to full time MS for eb2 approval ?

    I also have 3 year degree+1 year PG+ 20 years progressive experience. how can i get approval under eb2 ? I heard that uscis is now stricly looking for 4 year degree for all eb2 approvals.





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  • katrina
    03-28 03:51 PM
    Guys,
    First of all, please be decent to each other. Now, to the PBEC issue - this is a major problem, and a huge issue for all of us. Currently, the debate in Senate/Congress is centered around Immigration reform and this is a definitely a good time to raise these issues.

    There are a few things we should strive for:
    1. Keep all provisions of Specter's bill related to EB.
    2. Re-instate per country soft limit.

    If both of these provisions are passed, Priority dates for all countries will be current in EB2 and will rapidly move in EB3. A lot of folks in PBEC might be able to use PERM to apply another labor and priority dates will loose their importance, so it is important that these provisions pass.

    Its easy to say than to do it. Not everybody that have been wait in PBEC have a chance to do Perm. Not every company willing to redo the case.

    Senate should address legal immigration first before do the reform for Illegal immigration. They can keep give amnesty to million of illegal immigration, and million will come why ? one quick answer crapy system.

    If only they can create a better system (not like PBEC and DBEC) I believe US will have less ilegall immigrant.

    you guys who tough only retrogression issued is really narrow minded ( sorry for my frustration). This retrogression is only temporary relief for couple hundred thousand people. Still if they allow people to submit their i485. With DOL not doing their job right do you think you can get your greencard fast ?
    it's all depends on your luck.

    if they can't clear 35000 thousand case at PBEC now. Do you think they can process million greedcard application in a year ?

    Perm may process fast but it also create more greencard application per year + other family based greencard, L greencard and illegal immigration greencard (if the bill passed). There will be another retrogression and another backlog in the near future.

    Therefore the one that they should look into is to create a bill that build a better DOL administration :)

    What better way to open senate eyes about DOL Mess, PBEC case :)
    then Retrogression issue.



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  • me_different
    01-10 06:19 PM
    thanks for fighthing for this cause.





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  • vshar
    09-11 10:59 PM
    Dear IvSlave,

    you haven't updated your profile. Please update your profile like what is your chargeability ?

    I bought a house in Mar 2008 with doomed PD of July 2006 EB3-I but I don't care and want to enjoy what I have or can do. Its my personal choice as some ppl mentioned earlier.



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  • jonty_11
    09-29 12:05 PM
    The way USCIS functions, I would rather see the movement of the dates back rather than forward...why?

    This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).

    So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.

    It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??

    Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
    "Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!"

    Man you are optimistic -

    You can forget and kiss this thought goodbye.....





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  • MAEB2TR
    07-25 11:16 AM
    EB2, PD Sep 2006



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  • gg_ny
    03-19 08:27 AM
    people can be so dumb...
    it is better to wait for PD to become current than to convince some people (who seem to own houses-and hence are bent on opposing--wake up guys ..real estate is dead )

    At last.. you got this self-realization. I have been trying to tell this in a more polished way ever since this thread was started





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  • niklshah
    12-16 11:04 AM
    Buddy,
    everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..



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  • unitednations
    03-16 02:22 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.

    There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.

    They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.

    I actually came across a case where a company had 14- denied for ability to pay.

    There was a merger between companies and the new company filed the 140 using old companies labor.

    In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);

    since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.

    I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.

    If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.





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  • gc_mania_03
    10-14 05:59 AM
    AP Filed/Reciept date: June 1, 2010
    Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.

    We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.

    Is there anything else I need to know before I meet a rep during the Infopass appointment.

    We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.

    Any input will be great.

    -Thx



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  • chi_shark
    08-04 05:24 PM
    Dude, i think you are thinking too much of it. USCIS is NOT an organization that goes by process.

    No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.

    Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. ............





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  • AuntyDan
    10-17 07:55 PM
    Spouse working - Yes, in theory they could allow H4 to work. However would that be any job? If so then the H4 would actually be far better off than the H-1B who is restricted by job category and employer qualification

    Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.

    Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.

    So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.



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  • The7zen
    09-11 06:31 PM
    I have been playing safe these many years..... I can't take anymore of Apartment living.... it was OK when kids were 2-3 years old... not anymore..... I guess... you need to be little aggressive.... ;)

    As someone said, its a personal choice.

    With no GC and the economy still looking south.....buying a house is not the ideal way of being aggressive. If kids are growing bigger and you need a bigger place, just rent a house.

    Just my .02





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  • chanduv23
    11-08 05:07 PM
    Happy Diwali to you and your family as well. And Happy Christmas to you and your family as well (In Advance).:)

    Thanks giving is coming up

    before we start researching on the hot deals, lets all take time to wish everyone on thanks giving too :)

    And offcourse Christmas and New year and then it goes on.

    Happy Diwali to you too Mark.


    This shows the spirit of oneness :)


    The message I would like to tell all IV members "Lets all unite and stand up for ourselves, lets all work together towards our goal. As a first step, please join your state chapters, if you have not joined already"



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  • eb3_nepa
    05-11 12:12 PM
    But it would be disastrous in terms of PR if even this fails. But like you, I would not hold my breath for this but am cautiously optimistic at the same time.

    Also, please realize that any changes to the bill will meet absolute resistance from both sides. We will have to wait and see how many amendments are they planning on allowing.....

    Ragz to be perfectly honest i know this bill is VERRRRY important to us, but this bill carries Far more problems than relief. Right now there are So many "Ifs" and "Ands" that somehow i dont see it passing or atleast not anytime soon, forget abt passing by memorial day.

    If it actually DOES pass by memorial day, that day actually WILL be Memorial for us legal immigrants :) But one another note. Thanks for posting the link. I know a lot of us are writing the same thing, but that should not deter people from posting info like this on the forum.





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  • tikka
    07-13 09:37 PM
    thanks......at least one person showed up


    15...:D





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  • chanduv23
    02-11 12:06 PM
    OK. I received the Denial letter today and below is the extract from it.
    What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .

    This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
    Or is this is the way they normally denay the 485 ?

    I am in big trouble . ???

    **********************
    You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.

    Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.

    Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.

    The regulation do not provide for an appeal from this decision.

    *********************************

    A certified labor is needed to approve your 140. So your 140 was approved without labor?





    bestia
    10-25 04:32 PM
    ....
    EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).
    ...

    wait, Franklin,

    1. Did you get already your GC approved?

    2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.

    3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.





    hindichinibhaibhai
    04-03 09:26 PM
    What will we do after we get our green cards? No more bulletins to watch for? No more green card dreams... Enjoy it while you can... Maybe we can start some kind of a betting system going with these visa dates predictions... Its so much more exciting than betting on college basketball.

    (I'm kidding.)