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  • chanduv23
    03-17 10:08 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.

    Chances are that the volume of Subsitutions and porting PD is massive in July , 2007. Almost every Tom, Dick and Harry filed for 485 at that time. News spread like wild fire about the availability of visas and lawyers and consulting companies wanted to do maximum utilization and maximum business. People applied substituted labors for their cousins, friends etc.... and got EAD and AP, May not be working for the sponsering employer.





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  • sts_seeker
    02-07 01:15 PM
    I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.





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  • gc_kaavaali
    12-21 09:22 PM
    I-94 is not attached with H1...does he needs to go out of country and get it stamped?

    AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.





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  • pointlesswait
    11-11 11:01 PM
    great idea...but which moron will give u a loan is the million dollar question...
    :D


    WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.

    Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....



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  • rimzhim
    04-04 03:43 PM
    if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
    :D





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  • Ramba
    07-14 05:52 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?

    You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.



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  • desi3933
    01-30 11:05 PM
    Will she get paid starting Feb 1st? If no, why not. Please explain.

    She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.

    To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)

    Will she on unpaid leave? Yes.

    Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.

    On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.

    You should seriously consider changing status to H4, if that is an option.

    In Nov, she can re-enter on H1 visa to come back to H1 status.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • sri1309
    09-11 07:48 AM
    I am in for this. Is this something that can be a planned effort rather than a impulsive exercise?

    I think we should -
    1) Wait till this session of the Congress gets over.
    2) Form a work group that will chalk out the plan (of efforts).
    3) Execute the planned efforts.

    Efforts could include things like -
    1) Discussing the proposal with supporting Senators like Zoe Lofgren.
    2) Making conscious efforts to publicize our woes and genuine issues / conditions.
    3) Quantify the benefits of our presence - in evidence of a quantified evidence, idiots like Loo Dog, etc. can't refute that much.
    4) Talk to organizations like Lazaras (or some org.) form a more cosmopolitan group including Chinese and others as well.
    5) Letter campaign in mass to all Congressmen's offices telling them the sad story about waiting for 8-10 years.
    6) Any other efforts that CORE comes up with.

    Planned & focused efforts always yield desired results... I believe so.

    Others, please chime in.
    -A.

    It can be planned effort easily if Core team supports us. Otherwise, all of us will be airing our views, but where will the strength come. Even if 50-100 people join hands here, thats not a good #. We need a very big #. Thats possible if a campaign is started by somebody like IV and list it in the headlines section and direct us all to a target.
    How do I create a new thread, pls let me know.
    Lets wait for 5882, not upset any one.. Once thats done, based on outcome, its Lets shoot for Citizenship.

    Thanks,
    Sri.



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  • GotGC??
    04-20 02:23 PM
    [SIZE=3]Attn: California Members � Please participate in this event to support STRIVE ACT.

    Will be there ! Go IV !!





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  • engineer
    09-27 09:15 AM
    http://www.mercopress.com/vernoticia.do?id=11377&formato=pdf



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  • Desertfox
    10-29 08:14 PM
    EB3 India
    PD July 06
    I-140 Approved
    485 Pending:D





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  • immigrant2007
    07-29 10:21 AM
    The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
    A promise is a promise whether verbal or written.
    In this matter desi consultancies are far better.

    I know you are not going to like my reply...but written is a written issue. Desi consultancies and body shops have thier own issue. Infact they exploited the system and candidates to the core.
    Having things documented is the best way. If a company had to play fould it can do it anytime (even on verbal). I also learned the hard way. While writing we can still refere outside lawyers (of our choice)



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  • spicy_guy
    06-10 07:50 PM
    Done!





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  • Guest007
    12-11 02:51 PM
    In the worst case may be we can try to find out if filling 485 is hinderence, they can split the process of Filiing EAD and AP seperately from 485



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  • tikka
    07-03 10:49 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin





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  • Nikith77
    03-12 08:57 AM
    Why is this info no in the USCIS web site.



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  • veerug
    07-04 12:31 AM
    I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.

    I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.

    I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?

    Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?

    Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.

    Veeru

    I will sleep less stupid tonight!!





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  • abhijitp
    07-24 05:20 PM
    I have RN since i filed in June.
    I deleted my original post since you answered:-) thanks!

    This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.

    Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!





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  • new_horizon
    03-17 11:00 AM
    the only good thing I see there are families in which both husband and wife filed separate GC petition. When one's gc process goes thru completion, the other petition will be withdrawn from the queue. : )
    hope there are more cases like that.





    rockstart
    03-10 01:54 PM
    I have posted a question on page 3 of this thread on same / similar can some one answer it? :(





    eilsoe
    02-16 07:04 PM
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