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Thursday, June 16, 2011

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  • IV2007
    05-11 10:13 AM

    I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.


    Letter content pre-exists if needed you can change.

    Let's inundate senate & other members with what we are facing..

    EB2 Labor Pending

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  • rkm
    05-14 07:29 PM
    It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..

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  • bpratap
    01-26 09:35 PM
    I don't think all EB1's are PhD's. so if this bill is specifically for PhD's then its not gonna help EB categories.

    Many of the EB1's I know are some global managers (by document) from some outsourcing companies with the same Educational / technical skills as many of us in EB 2/ EB3. after coming in on L1A they juz directly file under Eb1.

    I am not trying to fire up an argument/fight. but juz the reality I know of.

    Hope this bill will include People who have an MS degree . it will help clear up EB2 queue and eventually spillover the excess numbers to EB3.

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  • InTheMoment
    04-09 08:58 PM
    I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.

    In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.

    I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.

    So go for it ! (after consulting a reputable attorney if that would make you feel better)


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  • Vysh
    11-21 09:55 AM
    Sent an email

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  • DDash
    04-05 12:07 PM
    Someone pls respond if you think you can help answer my questions. Pretty please.


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    07-12 10:21 PM

    Just wanted to know about your EAD: Which Center you have applied ? NSC/TSC. What date they have received. My EAD Renewal is pending, and I wish to change job. :confused:

    Appreciate your reply. Anyways, You should not be worrying too much on EAD, as your PD is current now, and youshoudlget the Card in coming months. :)


    Thanks for the responses. Will call uscis on monday.

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  • sbabunle
    08-23 06:24 PM
    I think in 2000 some of the unused visa's are recaptured and allocated.
    That would be the reason the numbers are not looking exact in each year


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  • gk_2000
    04-30 12:23 AM
    May be 10% might have become entrepreneurs...? Definitely not everyone has started a 10person or even 1 person company....People are doing good but they just work as programmers or so called project managers...you know its not a big deal to become a Project manager in India..

    But 150K entrepreneurs...:p

    I have not read that report completely, but ...

    1. GC Vovek seems to say there was not a single person who left US to become an entrepreneur. This is not true 100% sure
    2. The 150k might be spread over last 20 years, or 10 years at least, or ever since the backlogs became an issue. This means the figure drops to about 15k per year, which sounds much more plausible

    The answer may well lie somewhere in between..

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  • rockstart
    03-16 12:26 PM
    You can use the services of some CPA since you have so many changes in status and deductions to claim plus filing of ITIN for your wife. When I changed status from F1- H1 I used the CPA since I was not sure if I would be able to do it right. Better to go to an experienced CPA rather than H&R block kind of people. PM me if you want details of the guy I use.


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  • sapota
    11-15 11:47 AM
    Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
    employers, congressmen, senators, relatives, friends....even anti immigrants will donate.

    Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.


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  • Munna Bhai
    03-24 01:55 PM
    audio streaming archives are available 1 to 2 hours after the show. Check here http://wamu.org/programs/kn/08/03/24.php#20155.

    Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.

    I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.


    Thank you very very much for this great initiative. It was a wonderful work.



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  • prashantkh
    08-23 02:30 PM
    in EB3, EB2 and EB1

    Not Enough :rolleyes:

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  • hebron
    08-16 03:26 PM
    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

    It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

    If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.


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  • vinkrish
    10-07 05:55 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

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  • FinalGC
    05-01 10:02 AM
    You may be able to reopen the old case, provided the old emploer has not sent a letter to USCIS stating the intent to not persue......if not talk to old employer and lawyer....they may ask you to pay some money for it.....eventually, you may need to work for them for at least 6 months, after getting GC, which will get you legally correct in front of USCIS.

    The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.

    I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.

    All the best.


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  • vxg
    01-02 09:35 AM
    I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
    Happy New Year!

    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

    3. Any other options/advice?

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  • peeku
    06-20 12:45 PM
    EVERYONE , Please take a step BACK

    Look and see what lawyers are seeing.

    YesGC NoGC you should consult lawyer like the one mentioned in link or Sheela murthy or any good one.
    above conference call shows transition to "Project Manager " is one of the most natural ones...

    so gather the facts and decide for yourself.

    ofcourse i am not debating pros/cons of doing so but defering the judgement to immigration lawyer such as prashanthi ...

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  • akred
    03-26 07:52 PM
    Yes. But as my wife found out, a lot of employers (small business) are willing to pay off the books or in kind (like free private school tuition).

    07-08 10:07 PM
    I sent 4 paystubs just like that. Thought of sending W-2 also but they are redundant Information - already gone with 140 app.

    They wont deny your case for not sending W2 , in worst case they will ask
    for it and you will just mail it immediatly ( keep them handy)

    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?

    03-06 02:31 PM
    No they wont send receipt notices for correction. They would send receipt only for filings for which you paid fee and new applications

    do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?

    i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass

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