Thursday, July 7, 2011

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  • rkat
    07-18 11:09 AM
    PD- April 2006
    Date Delivered To USCIS: July 13 (friday the 13th.!)
    Service Center: NSC
    Rejected: ??





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  • gcisadawg
    04-09 01:51 PM
    We received the RFE for the Td vaccine that was missed somehow by Concentra. But since she is nursing now, we were able to get a blanket Waiver for her.

    Sameet,

    I know it is a weird question. But I'd still go ahead and ask it.

    What documents that USCIS expects for a scenario like this?

    My situation: My wife still hasn't weaned off nursing completely.
    My child is 1 year 3 months old. My wife got an RFE for TB test.
    Plus she is in India currently.

    Would sending the birth certificate of child be enough to prove the existence of 1 yr 3 month old child? OR would USCIS requires doctors's input also? OR do they require anything else to prove baby is still being nursed.?

    Thansk for your response,
    GCisaDawg





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  • bkam
    06-09 12:48 PM
    "...Demand" and "right" will work up to the point in which we don't irate Americans. America has been sympathetic to immigrants in good part thanks to the capacity that America has to accomodate us here. If an excessive number of immigrants get in and that alarm citizens, I can tell you this country will become as unsympathetic to immigrants as many European countries are.

    ....Just be careful with the idea of "demanding" and "rights" though :)

    Marlon2006,

    I agree that it is very important to clear what is "rihgt", "privilege" and "symphaty". I tried to do that several times before and in order to avoid any misunderstanding have quoted below a part of one of my messages. Please read it carefully.

    "I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
    I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
    I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.

    These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege..."

    Americans have the right to determine how many immigrants they need and how to handle this issue. But we have the right to follow clear and simple rules for that process. It seems to me that the way they currently handle the H1 immigrants has a lot to do with the "Las Vegas" type of business (gambling) - shall I get my LC approved, when will I get the LC approved, shall I get a GC, when can I get the GC etc. The rules change permanently and half a million hard working people are in limbo for a decade and more. That is not fair and this is what you have to explain to the Americans.

    And, btw, if the local IT "professionals" you were debating with were so great, they would not be unemployed...





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  • leoindiano
    01-30 04:31 PM
    done. Bump ^^^



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  • StuckInTheMuck
    04-28 10:39 AM
    One more point:

    Know when your GC and passport expires so that you can renew it. :)

    Getting a GC does not mean you can ignore all your immigration issues.

    Abso-lute-ly :) Thanks pappu, your point is added.





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  • kumar1
    06-11 03:15 PM
    Between all the good suggestions -- add one more --- Please drive safely. I have lost 2 friends in car crashes in last 8 years.



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  • saravanaraj.sathya
    07-13 09:39 PM
    I think it is a great move. I would have really loved to join but I live far from san jose. Good luck guys!!

    I hope all the major news channels like CNN, NBC, HNN will cover this.





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  • hyddsnr
    05-01 03:10 PM
    No dude, its not 6 months, it more like 15 years...tough crap dude..you are now a bonded slave....:-(


    Hi,

    Looks like you are used to work as a bonded slave, and expecting same from others. Be a free bird at least after getting GC.



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  • maine_gc
    07-14 08:47 AM
    Good luck people. Have fun and make it a huge success.





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  • akred
    05-24 02:10 PM
    They have your finger prints

    Nope. They throw them away after checking them. Plus they are being run against a db for criminals not for legals :p



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  • nixstor
    03-10 05:23 PM
    We are already exploring this route. You might have seen Pappu's response on two strategies we are exploring for break down by category/country of birth for every quarter.

    Please ask the person who ever worked with Senator Kyl's office to get in touch with us via PM.

    I would like to speak with this person asap to know more about the background behind this effort.





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  • wizpal
    03-14 05:01 PM
    My mistake.. I was under the impression that my contact info is visible. I have already met with my local congressman and submitted a memo. I have got a reply saying they would address this issue as part of impending CIR bill. I was not sure what to make of it, whether he is pro and anti retrogression..



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  • Redeye
    08-13 06:38 PM
    Boy, you are two kinds of crazy

    1) You ignored the point people have life and do things to be happy in life. You choose a job that makes you happy. Then apply for GC either EB3 or EB2.
    You say you have chosen PHD, and you came out low on money. What were you smoking when you chose Phd and also thought you would make money?

    2) I cannot change my classification and port it like it is my application. Because simply it is not. At the same time I do not want to leave my 6 figure job with benefits ( yeah you heard it right and damn right I worked hard for it like you did for your Phd)



    And yeah India is a great country and would love to go back someday, but not today. Irony is I know for a fact that I will have better life in India than in US given my family background. But I will not let any struggle in my life go waste.

    PS: I have a US Masters with a 4.0. I have got offers for Phd which I chose not to do because it does not interest me.



    ..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!

    The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.





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  • voldemar
    02-27 05:33 PM
    Not wrong.. I said it's "being" cancelled..
    OK. I overlooked that.
    The rule, how I understand it, will not do any harm for those people who's I-140 is already approved. But there is still risk if I-140 is not approved and labor substitution is banned.
    So it all depends on how strong the case is and how much risk is tolerable.



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  • a_paul1
    04-02 08:41 PM
    1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.

    Hence, it is valid for the candidate to come to US by presenting documentation.

    1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.

    2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.

    3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.

    IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.





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  • chicago60607
    09-17 11:45 AM
    Smith supports the amendment but opposes the bill (HR6020)



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  • gcisadawg
    03-11 02:03 AM
    Why do you bring Malice with you, everywhere, seriosly how does your family stand you ?
    I have seen your posts earlier, they are full of abuses, unjust full of most useless comments, let me tell you one thing, it is a very well known truth people who are most abusive on cyber space, are most fattoo & have been beaten up kind of people because they spend their life in threat but on cyberspace they become Lion. You are a typical Cyber Sher... But in real life I can guess....

    I second you...Kunju has a history....





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  • gneerajg
    10-24 03:37 PM
    Thanks for the reply and it is not an subsitute it is an original case .so your suggesting that my PD should be May 2007 instead of April 2001. But the problem is that attorney filed the labor certification in 2001 without obtaining the PW and now the PW has come up 71656/- so there is a huge gap what I was getting in 2001 and then we requested PW for the last years from 2001 onwards and now they are telling that they can not do it also if we download the PW from the archives it is still much more than the PW send by DOL. so is there any way to get the PW for those years in back. I hired a new and very capable attorney but what he is suggesting that if we could the PW for 2001 what we applied in application then it is a piece of cake. My occupational code is 15-1031 and it I filed from California, LA county. I will really appreciate for your guidance and suggestion

    Neeraj


    40k+ in 2006
    35k+ in 2005
    33k+ in 2004

    EB-3 PD 2001
    Filed I-140 & I-485 on May 5,2007





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  • axp817
    03-31 08:39 AM
    So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

    Although, UN seems to suspect that there might be more beneath the surface here.

    What still beats me is that if the 140 had problems, why would they even bother requesting for AC21 evidence and not just deny the 485 in the first place.

    Unless..., when the 140 got revoked they realized that it had been more than a 180 days since the 485 was filed, and gave the applicant the benefit of doubt and asked for a new EVL, but while the applicant was in the process of replying to the NOID, they did some more digging, found that the underlying approved 140 had ability to pay (or other) issues and then denied the 485 on that basis.

    UN,
    You seem to be 'in the know' about this case/applicant, do you happen to know what the next steps are/would be/should be in this particular case?

    Thanks,





    h1techSlave
    07-10 09:33 PM
    As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.

    From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.

    Flowers to Condi; any body?

    Cheers,
    h1techSlave





    shree19772000
    02-06 03:43 PM
    Thanks for all the replies! I already contribute to IV, so all the mails about contributing to IV can stop :) You dont need to sell me IV.

    I am considering an opportunity, but if I leave I might lose my PD as my current employer does withdraw the I140.

    Without any reform, my guess is it is going to be 5+ years for my date to be current. Just wanted to hear a few other opinions.

    Also, if there is any impending relief (like 485 filing by 2/15 thats being discussed), I would be interested in hearing about it. It would be terrible for me if I move and then a relief is passed immediately in the congress.

    You can keep your PD if your 140 is approved from your current employer. I know of a person who did this succesfully.



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