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  • GCapplicant
    07-18 01:37 PM
    Good Attorney -Even DOL has to be sued for delaying labor approvals and backlog.Thats one of the reason for this huge retrogression.





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  • dealsnet
    05-06 04:10 PM
    Your earlier post regarding same story about your friend. Now you are telling it is your case. Which one is true.???
    Are you making story and make sensation??
    Guys see her earlier post.
    http://immigrationvoice.org/forum/showthread.php?p=329024#post329024

    Urgent:h1 visa holder leaving country without informing employer!

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

    Please help!

    One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?

    Any valuable suggestion will be highly appreciated.

    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.





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  • logiclife
    02-27 08:11 PM
    Thanks for taking the interest and posting the comment.

    What you mean is change the content of the webfax,not the format.

    Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).

    You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )

    Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.

    However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org

    Thanks for taking interesting and sharing your view.

    --logiclife.





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  • sertasheep
    09-15 01:57 PM
    Dear IV members,

    I am responsible for collating questions from members and sending them to our immigration attorney. Please follow the process outlined in the following thread:

    http://immigrationvoice.org/forum/showthread.php?t=1267

    - At this time, we do NOT have enough questions to justify a conference call
    - On the average, we require at least 20-25 "non-frivolous" questions to be able to justify our attorney's precious time (Please refer to the USCIS definition of the verbage "non-frivolous")
    - We have had internal discussions on whether the frequency of the calls needs to be changed from bi-weekly(fortnightly) to monthly at this time.

    Next Steps:
    - Please keep sending in your questions to legal_advise@immigrationvoice.org
    - Also see the thread http://immigrationvoice.org/forum/search.php?searchid=24014 wherein, periodic reminders have been posted requesting members to send in questions. Please keep them coming in so that we can have the next conf. call


    FAQs: I hope the following provides some transparency into the process:

    Q. What happens when a question is sent in?
    A. First level filtered non-frivolous questions are responded to with a unique Question ID that helps track the question through its lifecycle until closure. The questions are then compiled and sent to the attorney, who accepts/rejects questions based on relevance. Based on the critical mass, the next conference call date is determined. Setting up a conference call requires mobilization of several resources- dial in number, availability of a moderator, etc. After the call, the recording needs to be made available, and several volunteers work towards making the transcript available in a MS Word/Adobe PDF form. Considering our other work and social commitments, this process takes around 2 weeks at this time.

    Q. How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
    A. Sure, but we need more questions coming in. We need a critical mass of non-frivolous questions to be sent in. We have, in the past, requested members to send in questions via the "legal_advise@immigrationvoice.org" route instead of posting them on the forums.

    Q. Who are the people doing all this work?
    A. Coremember "logiclife" has been doing the co-ordination in the past but has been indisposed due to health and work reasons for the next several weeks. I ("sertasheep") have taken over the co-ordination of the question-compilation etc., overseen by waldenpond, stucklabor, vineet among several other IV volunteers during logiclife's hiatus.
    - (I don't want to reveal other names here without knowledge of their IV handles, will do so shortly after I get their IV handles and/or permission)
    - Vineet and/or waldenpond have been helping with the last couple of conf. call moderations due to availability and calendar conflicts.

    Thanks

    sertasheep

    (I've been down with shingles for the past few days, but that shouldn't stop me from collating the questions- so, keep 'em coming, and await announcement of the next conf. call!!)



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  • kumar1
    07-13 03:08 PM
    Good.





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  • anirudh74
    05-06 12:24 PM
    Expect wait time of 3-4 years.



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  • karthkc
    05-11 02:46 PM
    This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

    USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

    In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

    Hope that clears it a bit!

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.





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  • manisha5
    07-17 05:45 PM
    Hurrah!!! :D
    You guys did it.



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  • alparsons
    January 1st, 2005, 02:33 PM
    Just realized I should mention that they look quite good as they are, and if you wanted to tinker with the stuff I mentiioned above I think you could turn it into something that would knock some eyeballs out.





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  • bestia
    03-12 03:18 PM
    Both lawyers are right. To get the correct answers you have to be asking correct questions.

    If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.

    From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.

    The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.



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  • surabhi
    04-14 01:41 PM
    As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.

    The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.

    If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.

    Thanks.

    Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.

    You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.

    It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.





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  • navkap
    09-20 04:26 PM
    From Yahoo News
    http://news.yahoo.com/fc/US/Immigration

    WASHINGTON - The House voted Wednesday to require Americans to show proof of citizenship in order to vote, and the Senate moved to build a 700-mile fence along the Mexican border as Republicans sharpened attacks on illegal immigration before the midterm elections.


    The 228-196 House vote on a new photo ID plan and the Senate's consideration of the fence were both part of a get-tough policy on illegal immigrants that Republicans have embraced after Congress' failure to agree on broader legislation that would set a path for undocumented workers to attain citizenship.

    House GOP leaders have insisted that tighter borders and tougher laws must precede more comprehensive immigration changes. The House passed the fence bill last week and plans votes Thursday on other enforcement measures: to increase penalties for people building tunnels under the border, make it easier to detain and deport immigrant gang members and criminals and clarify the ability of state and local authorities to detain illegal immigrants.

    Republican sponsors of the voter identification bill said it was a commonsense way to stop fraud at the polls. People need photo IDs to board planes, buy alcohol or cash checks, said Rep. Vernon Ehlers (news, bio, voting record), R-Mich., chairman of the House Administration Committee. "This is not a new concept."

    "This is what Americans want," said Rep. John Mica (news, bio, voting record), R-Fla., "They want safe borders and they want safe ballots."

    But Democrats assailed the legislation, saying it could hurt minorities, the poor and the elderly � groups that tend to vote Democratic � who might have trouble producing a photo identification.

    "This bill is tantamount to a 21st century poll tax," said Democratic Whip Steny Hoyer, D-Md. "It will disenfranchise large number of legal voters."

    Rep. Ike Skelton (news, bio, voting record), D-Mo., said he was initially denied a voter ID required under a Missouri state law because he doesn't have a driver's license and couldn't immediately produce a passport or birth certificate. His congressional ID card was not accepted.

    A Missouri court earlier this month struck down the state law, and on Tuesday a state superior court judge in Georgia ruled that that state's law requiring a photo ID was an unconstitutional condition for voting.

    The bill would require everyone to present a photo ID before voting in federal elections by 2008. By 2010 voters would have to have photo IDs that certified they were citizens. In response to criticism that this would be a burden for the poor, the bill stipulates that states must provide the identification cards free of charge to those who can't afford them.

    The Senate, meanwhile, voted Wednesday to take up a bill to build a 700-mile fence along one-third of the U.S.-Mexico border.

    Action on the fence, which could cost billions of dollars, comes four months after the Senate approved legislation that, along with tightening border security, created a guest worker program and outlined how people in the country illegally could work toward legal status and eventual citizenship.

    President Bush has supported this broader approach, but it has met strong resistance in the House, where opponents have said it was tantamount to amnesty for illegal immigrants.

    Bush, in an interview with CNN's Wolf Blitzer, said he would sign a fencebuilding bill as part of efforts to strengthen the border. But he added, "I would view this as an interim step. I don't view this as the final product. And I will keep urging people to have a comprehensive reform."

    Senate Majority Leader Bill Frist, R-Tenn., said, "While I've made it clear that I prefer a comprehensive solution, I have always said we need an enforcement-first approach to immigration reform."

    Democratic leader Harry Reid of Nevada countered, "We can build the tallest fence in the world and it won't fix our broken immigration system." To do that, he said, "we need the kind of comprehensive reform that the Senate passed earlier this year."

    The current bill wouldn't provide funding to cover costs of the fencing and other barriers aimed at preventing illegal entry. About $1 billion for the fencing is likely to be included in a bill for the Department of Homeland Security that Congress is expected to approve before its scheduled adjournment next week for the elections.

    Also on Wednesday, a bipartisan task force recommended that Congress provide a path to legal status for immigrants who can demonstrate steady employment, knowledge of English and payment of taxes and who pass a background security check.

    The panel, chaired by Spencer Abraham, former Republican senator from Michigan and energy secretary, and Lee Hamilton, former Democratic representative from Indiana and chair of the 9/11 Commission, also urged new verification mechanisms to assist employers in hiring only authorized workers.



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  • haider420
    03-04 01:01 AM
    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris

    i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(





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  • willIWill
    02-23 05:25 PM
    I don't want to use EAD/AP, as I want to have a backup.
    Gps, look at the below link, it should be informative and useful in your case.

    EAD or H1:

    Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.

    H-1B vs. EAD/AP � some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)



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  • wandmaker
    11-16 08:17 PM
    I called NSC but I never heard the option that you mentioned (Receipts not received). Could you explain it?
    Thanks!

    800-375-5283 - I choosed 1,2,2,6,2,2,1 ; I got connected to CSR Level 1 and Level 2.





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  • jvs
    12-03 12:29 PM
    I did H1 stamping out of Mumbai in May 2010, not as recent as you would like. The 221G threat level was high as usual. Same jobs for 8 years and its full time position, probably aided smooth sailing. No documents were asked, just couple of questions about designation and pay. The consulate network had gone down that day so was advised by the CO there would be delay in visa printing on PP. Got the PP after 10 days instead of usual 3 days. This was 4th H1 stamping in same consulate.



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  • larmani
    08-13 11:35 PM
    I am also in the same boat.

    I have an earlier approved I-140 from my previous company (PD : 30 Nov 2005). In addition, I also have an approved I-140 from my current company (PD: 27 March 2007). However, my latest I-140 still shows the priority
    date of 27 March, 2007. As My old priority date is current, my attorney sent a letter to TSC requesting for recapture of my previous priority date. But, TSC sent a reply back saying that we should contact National
    Service Center. HUG..!!

    Did any one in the similar situation? How did you resolve?


    Appreciate your help.





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  • GotGC??
    09-06 04:37 PM
    UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.

    The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).

    Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.

    Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:

    "UK Plan to boost immigration from India"

    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India





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  • calgirl
    09-16 01:24 PM
    NC initiates a litte after 485 is filed..
    Fingerprinting hs nothing to do with NC.

    MY FP was done in June 2008.
    485 filed July 2007.
    NC initiated Sept 2007.




    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?





    franklin
    01-23 03:12 PM
    That's certainly a lot better than the "spam" i got from Senator Feinstein.

    I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.

    Hardly a huge surprise, but I'm writing back





    psaxena
    06-25 06:44 PM
    ......................



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