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  • hibworker
    03-21 11:04 AM
    I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.

    It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.





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  • Ramba
    08-13 10:55 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...

    Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.





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  • akred
    08-10 07:41 PM
    I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance

    Wouldn't say it is ignorance on the part of the manager. Ignorance is easily abated by the employee talking to the manager. Plus any good lawyer will ask the manager if a master's degree is required for the job before proceeding with recruitment.

    More often there are other reasons such as ego issues ("I don't have a college degree so why does my report need a master's degree") or practical difficulties (necessity to raise the wage offered) that can cause an otherwise qualified person to be classified as EB3.





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  • pappu
    09-18 09:21 AM
    Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)

    We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.

    If you know of any such people please pass on this message.

    Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org



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  • Administrator2
    01-20 01:51 PM
    Beautiful.

    I was not able to access website over the weekend and wondering why! Here it is.

    Great job. I saw that we still have the great feature and same login defect :)

    Hi ItIsNotFunny,

    Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.

    Thanks,





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  • shreekhand
    09-02 05:04 PM
    eastindia,

    Your comment is as hilarious and immature as saying....I had a bad teacher in school so all teachers are bad !

    Wake up ! Do not insult people's intelligence :p

    Stop this belief in babas and fakirs. This is a big scam in India by people who are unemployed and want easy life and money. See this video and open your eyes

    YouTube - Sathya Sai Baba's Miracles - Truth & Misconceptions (http://www.youtube.com/watch?v=d7hntuicBg4)



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  • txh1b
    08-20 09:41 AM
    Paper filing as per the instructions, my friend got the EAD in less than 30 days from the date it was sent to TSC. He was kind of unhappy as he applied 120 days prior to expiry and had 90 days go waste (in terms of filing fees)





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  • tinuverma
    10-23 07:37 PM
    yeah.....Tuscon...sorry
    I live in OKC...so Tulsa comes by default.



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  • martinvisalaw
    07-28 11:50 AM
    Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?

    No, no maximum. You just have to have had the AP in hand when you left the US.





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  • glus
    02-05 02:16 PM
    This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.

    G



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  • itsmesabby
    10-12 05:05 PM
    jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.

    You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.

    You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.





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  • nikh
    11-30 03:58 PM
    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

    You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.

    My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.



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  • gene77
    11-06 01:33 PM
    This topic has been discussed a zillion times in this forum. Please search all the threads.

    Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.





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  • jgh_res
    06-22 11:22 AM
    Download trial version of Adobe Acrobat professional and you can very well save it.

    Please help...

    It is not possible to save any information on PDF forms if need to correct anything later..

    Any idea how to save data on all the forms...



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  • sbnvs@yahoo.com
    12-21 09:56 PM
    Its mystery. My friend visited one Canadian consulate for VISA interview. He sent his I-171 and DS160 to them in email to get PIMS done before his interview date and they said that they received the documents and noted info & can come for interview. He though PIMS check is done and he can go peacefully for interview.
    But today they gave some document saying they need to verify PIMS, so the conclusion is always better to go home country sothat we can have nice time with relatives atleast.





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  • nozerd
    02-13 06:02 PM
    I have been current for a while too. In 3 months I will complete 10 yrs with same company and this August it will be 8 yrs since filing for GC.

    I am working through my senator also as the service request procedure at USCIS is totally crap. I dont even know why its offered .



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  • bbenhill
    12-02 07:42 PM
    I guess the story was not clear :-)

    the answer is your wife's h4 will be fine since you have ur H1.

    Thx


    I am not sure why it's so hard to understand what I want :)

    1- My wife's h4 visa will expire after 4 years
    2- I already have my h1b extension
    3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP


    Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?





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  • vadik78
    03-24 04:42 PM
    Including MBA under stem - I do not have MBA, however :(, but I support "educated" immigration





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  • malibuguy007
    10-02 01:05 PM
    $250 so far in less than 24 hours. Hoping to do better in the next 24........





    rocky17105
    07-29 11:19 AM
    of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.

    I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.





    Ramba
    10-24 01:48 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.



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