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  • chanduv23
    12-15 10:53 AM
    my 140 got approved in 36 days (Texas, eb2)





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  • fixxer
    09-20 01:12 PM
    i applied online in CA in 2006 and got my DL renewed....
    THE ONLY THING, THERE SHOULDN'T' BE ADDRESS CHANGE.....

    Things have changed since 2006. I haven't changed my address yet I'm still required to go in person. All non-US citizens must do this in person (at least that's how it is in GA).





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  • depressed
    08-05 04:54 PM
    Did you send any experience letters to prove that you had minimum of Five years experience before joining this employer?

    Also, did you regulary check status in the USCIS website? If you are sure that they did not send RFE before the denial then it may be a good sign.

    I opened MTR, Appeal etc. Nothing worked in my case because the reason was correct in the second time denial.

    MTR normally take few months. It may take few days to send the approval, if your attorney clearly proves that the denial was USCIS error or silly mistake from his part.

    Just relax and wait. If possible, change your login name...

    Siboo.

    Yes, I did send experience letters.

    The online status suddenly changed to Denied.
    I don't think we ever saw a RFE sent. Does RFE show up online ??

    oh ok..hope it is something that can be rectified easily.

    hmm..regarding the login name..i created immigration voice id just today..
    as i was pretty much depressed cud not think of any other name :(
    do u know how to change it ??

    Thanks again Siboo





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  • golgappa
    01-26 02:23 PM
    I guess it is based on with which employer we want to stay when we get GC, if the one who sponsored the GC will be the one with which we want to stay, then my understanding is we dont have to inform USICS in case of Job Change.

    also in the case we change employer and want to stay with him after GC approval, then also it is not mandatory to send AC21, but if we dont send it before approval we have to join the employer who sponsored the GC.

    my understanding is in case we want to PORT the 485 then only we need to do AC21, otherwise for USCIS we will join the sponsor, that's the reson USICS sends RFE in case sponsor withdraws 140 as he is saying i will not hire.

    Please let me know your thoughts...



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  • ghost
    09-28 04:55 PM
    Indian govt doesnt about you and me. They are caring about the slave masters and remember Nascom proposed another visa where you can not apply for GC. All they care is how to tighten their grib on you and suck more blood.

    Dont mistaken me...I am not supporting the anti-immigrants. One side the crocodile is waiting and another side is the tiger.

    If you are suggesting that this SS & Medicare fund will be kept by the hiring companies then I understand where you are coming from...Remember that most of the US companies have direct hires on H-1B and unless they have teamed up NASSCOM or Indian government, this treaty/agreement will be beneficial to the employees, not employers.





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  • ags123
    05-18 01:41 PM
    Thanks Eb3_sep04 your post helps. I just wish in the july bulletin the 05 date comes thru and this issue gets resolved ;).



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  • claudia255
    09-21 06:10 PM
    This will not be found out until next week since the DREAM Act has not been voted on yet.However, IV Core might know more about it.





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  • C_Carrey
    03-02 04:36 PM
    Thank you ZCool for the information. This is very important for someone who is contemplating Canadian GC when US GC application is in process. Quick question: Do you mind sharing those websites that mentions about "new immigrants and job situation" etc. that you referred in your point # 2.

    Monkeyman, ZCool and gokhale35 -
    Do you recommend any websites that would provide comprehensive information on Canadian GC procedure - other than Canada's official website?



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  • fromnaija
    06-11 04:23 PM
    The operative word in the sentence is "could" as opposed to "should". :) In any case, that's not the whole text. There is additional verbiage as to eligibility to file 485.

    I also have the same text

    “The above petition has been approved. The petition indicates that the person whom you are petitioning is in the United States and will apply for adjustment status. He or she could contact local INS to obtain form I-485."

    and an A number!!!!

    I guess, since it spells out that I can apply for adjustment status. We should go ahead and file i-485. They might accept the application who knows whether they changed the law internally or not.





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  • GCwaitforever
    06-28 07:56 PM
    If your GC sponsor is company A, and you have been working for the company while GC at I-485 stage is going on beyond six months, I guess you could use AC21 provisions.

    The other scenario where employee works for company B on H-1B and company A is the GC sponsor, not joining the company A or trying to invoke AC21 provisions shows malafide, and the GC sponsor probably would be seen as a shell company (a la Nick Mandalapa) that is in business to give away GCs without a real permanent job offer.

    But again, who can argue with USCIS? Having sacrificed so much time on GC, waiting for additional six months should not hurt.



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  • eastindia
    09-14 10:07 AM
    By Patrick Thibodeau
    September 13, 2010 05:40 PM ET
    http://www.computerworld.com/s/article/9185178/IT_staffing_firms_lose_H_1B_lawsuit

    Computerworld - WASHINGTON - IT staffing firms that hire H-1B workers and make them available to customers are located in office parks and buildings around the U.S. But the U.S. Citizenship and Immigration Services (USCIS), under pressure by Congress to improve enforcement of the H-1B program, issued a memo last January that said that these IT staffing firms weren't the real employers of foreign workers and, thus, couldn't use this visa.

    The so-called Neufeld Memo riled the IT staffing industry and in June three small firms that rely on H-1B visa holders for up to 90% of their employees sought a preliminary injunction to stop the USCIS from enforcing it. Those firms were joined in the suit by industry groups.

    In August, U.S. District Judge Gladys Kessler dismissed their case.

    Although the matter is unlikely to be appealed, it did clarify the limits of the controversial memo, according to the TechServe Alliance, an services industry group in Alexandria, Va. that took part in the legal fight.
    H-1B battle


    The memo, written by USCIS Associate Director Donald Neufeld, said that IT staffing firms that place H-1B workers at third-party sites didn't control the workers or have a true employer-employee relationship. That, he wrote, is why they weren't eligible for the visas. The staffing firms, in turn, argued that they maintained the authority to hire, pay, fire and supervise the woekrs and were very much in control of their employment.

    Mark Roberts, CEO of TechServe Alliance, said the USCIS made some concessions during the case, namely that joint employment, or staffing, is permissible under the H-1B program, and that the memo was not binding on adjudicators.

    "Our basic argument in the lawsuit was that this memo was tantamount of a regulation, and you are not allowed to basically change the rules and modify an existing regulation by memo," said Roberts.

    But even if the memo is considered only as guidance and not an iron-clad rule, Roberts said staffing companies still have to ensure that the message out of the courtroom is heard in the field. As a result, they are putting together a "toolkit" for H-1B hiring firms to use. The toolkit will cite court transcripts and other materials from the case.

    Kessler said there is no evidence that the memo is binding. She said USCIS adjudicators can consider a number of factors when weighing an H-1B application.

    "The memorandum instructs USCIS adjudicators to look to the totality of the circumstances in each case to determine whether there is an employer-employee relationship," Kessler wrote.

    The judge said that adjudicators have "considerable discretion" in interpreting the H-1B rules.

    The lawsuit argued that the IT staffing industry could lose some $100 million in business a year because of the memo. The firms that joined TechServe in filing the lawsuit were: Broadgate Inc. in Troy, Michigan, which counts 21 H-1B visa holders among its 46 IT workers; Logic Planet Inc., in Edison, N.J., which employees 95 IT workers, including 89 on H-1B visas; and DVR Softek Inc., also in Edison, N.J., which says that 45 of its 50 tech workers hold H-1B visas.

    The net impact of the memo has been to block the transfer of H-1B workers to new sites so they can take on new projects.

    When an H-1B employee moves from job to job, they typically transfer their H-1B visa to a different company. Since the memo was issued, the USCIS has been blocking those transfers, said Mark Roberts, the CEO of the TechServe Alliance.

    The immigration service has also been rejecting some initial applications for H-1B workers.

    Roberts said the USCIS action is having "a chilling effect on the industry" because consultants with H-1B visas are now fearful of moving to a different company, which is causing some contracting deals to fall apart.
    H-1B battle



    "All this will lead, ultimately, to more offshoring -- companies always get done what they need to get done. [Now] they will get it done offshore," said Roberts.

    The tech industry has argued that staffing firms fill technology gaps; critics say the IT staffing firms can bring in less costly H-1B workers who displace U.S. workers.

    "If the mere requirement that people actually work for their employer will put many companies out of business, that demonstrates the extent of the rampant abuse in the H-1B program," said John Miano, founder of the Programmers Guild. "When Congress created the H-1B program it expected that such visas would only be used when U.S. workers cannot be found and as a last resort."

    A USCIS spokesman said the agency won't comment on the lawsuit.

    Eleanor Pelta, first vice president of the American Immigration Lawyers Association, said the USCIS took direct aim at the IT staffing companies with the memo. She called it "an attempt to carve out staffing companies from being eligible for H-1Bs."

    The Neufeld memo redefines the concept of worker control, requiring that an employer must be "directly over the shoulder of the employee" in order to have an employer-employee relationship.

    The USCIS has been under pressure from some in Congress, particularly Sen. Charles Grassley (R-Iowa) and Dick Durbin (D-Ill.), who have called on the agency to implement more controls and scrutiny of the use of H-1B workers.

    The use of H-1B staffing agencies has long been a point of contention with in the H-1B debate, and the lawsuit may well bring the issue to a head.

    Patrick Thibodeau covers SaaS and enterprise applications, outsourcing, government IT policies, data centers and IT workforce issues for Computerworld. Follow Patrick on Twitter at Twitter@DCgov, or subscribe to Patrick's RSS feed Thibodeau RSS. His e-mail address is pthibodeau@computerworld.com.





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  • CADude
    10-29 05:10 PM
    You got your EADs so enjoy. :D Are you looking reasons to get worry? ;) It seems first it changes status to "ordered for production" then to "Approved".
    For me it's still received and pending. :)

    so how come some see a message that your card has been ordered for prductions, and some like myslef only see a mssage that we have approved this case.

    We received our EAD and no message as such, ordered for production was seen on the status website.



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  • reddymjm
    02-06 09:48 AM
    Is it a substitued Labor?





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  • anilsal
    12-03 03:53 PM
    I know this topic has been broached in various threads. I just wanted a thread to basically list all the prominent immigrants to USA that have increased its glory, competitiveness and contributed immensely towards making it a global super-power.

    Immigrants that come immediately to mind are:
    1) Albert Einstein (Germany)
    2) Enrico Fermi (Italy)
    3) Madeline Albright (Czech)(http://en.wikipedia.org/wiki/Madeleine_Albright)
    4) Henry Kissinger (http://en.wikipedia.org/wiki/Henry_Kissinger)
    5) Bjarne Stroustrup (Denmark)
    6) Liz Claiborne (Belgium)
    7) Andy Grove - Founder, Intel Corp (Hungary)
    8) Martina Navratoliva (Czech Republic)
    9) Linus Trovalds (Finland)
    10) Vinod Khosla (India)
    11) Arnold Schwarzenegger (Austria)
    12) Sidney Poitier (Bahamas)
    13) Sir Anthony Hopkins (UK)
    14) Elizabeth Taylor (UK)
    15) Michael J Fox (Canada)
    16) Bob Hope (UK)
    17) Zubin Mehta (INDIA)
    18) Arthur Rubinstein (Poland) -Pianist
    19) An Wang (China) -Founder of Wang Computers
    20) Joseph Pulitzer (Hungary)
    21) Ang Lee (Taiwan)
    22) S Chandrasekhar (INDIA)

    I think having a handy list is useful when making any case with lawmakers/media.

    (Contributed by khodalmd)
    23. Hargovind Khurana (India Nobel winner)
    24. Amartya Sen (India, Nobel winner)
    25. Sam Pitroda (India)
    26. Bose (India)
    27. Von Braun (Germany. Father of missile and Space program)

    28. Alexander Graham Bell was born in Edinburgh, Scotland, March 3, 1847

    (Contributed by KarthikThiru)
    29) Kalpana Chawla (India) - Astronaut
    30) Jawed Karim (Bangaldesh) - YouTube Co-Founder
    31) Raghuram G. Rajan (India) - Chief Economist, IMF
    32) Fareed Zakaria (India) - Editor, Newsweek International and Member Council on Foreign Relations. In 2006 he was named one of the 100 most influential graduates of Harvard University
    33) Hakeem Olajuwon (Nigeria)
    34) Carlos Santana (Mexico)
    35) Andy Garcia (Cuba)
    36) Indira Nooyi (India) - CEO PepsiCo - Most Powerful women in US
    37) Niels Bohr (Denmark)
    38) Andrew Carnegie (UK)
    39) Charlie Chaplin (UK)
    40) Levi Strauss (Germany)
    41) Kiran Desai (India) - won the 2006 Man Booker Prize

    (Contributed by felix31)
    42) Nikola Tesla (Serbian Cyrillic: Никола Тесла) (10 July 1856 - 7 January 1943[2]) was a world-renowned Serb-American inventor, physicist, mechanical engineer and electrical engineer. Tesla is regarded as one of the most important inventors in history.

    43) Edward Teller, Father of the H-bomb, the distinguished nuclear physicist, was born in Budapest, Hungary.

    44) One of the greatest living poets of our time, Czeslaw Milosz was born in Lithuania, June 30, 1911

    45) Alexander Hamilton was not born in North America, but on the island of Nevis in the West Indies, January 11, 1757. Hamilton was one of three men responsible for The Federalist and a guiding spirit behind the adoption of the United States Constitution.

    46) Padmashree Warrior (INDIA) [CTO of Motorola Inc]
    47) Ramani Ayer (INDIA) [CEO of Hartford Financial Services Group]



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  • nogc_noproblem
    03-06 02:18 AM
    As per your profile: your Category is EB1C, priority date is Feb 02, I140 Mailed date is Aug 2006 and I485 mailed date is blank. You entered into US last year (2008) using H1B, I am curious to know the rationale behind this, could you please throw some light for better understanding?

    IO at IAD airport was rude when I was entering into US last year. I work for american financial company.

    I came with flight that is operated by airlines A but the ticket was issued by airlines B. I mentioned on I94 that the flight no as airlines B XXX (as there in the ticket issued by airlines B).

    The officer asked me why I entered flight no of airlines B on I94. I said since the ticket was issued by B, that is the reason why I entered like that. Then the officer got angry and said he was working from last 15 years and know what is what and seen many many cases in his experience. :confused:

    He looked at my I797 and asked my from how many years I have been working with my current employer. I said 2 years. He said that 2 years is not sufficient. :eek::eek:
    He started using f*** word, for believe me, above conversation.

    On valid h1 any one can go out of the country, there is no restriction that we should work for certain years before leaving the country for vacation or whatever.

    He entered some details about me on his system to find anything to trouble me. He can not find anything. He entered some details about my employment as well.

    He took my finger prints and let me in.

    It was bad experience. :mad::mad:





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  • giddi_raja@yahoo.com
    07-31 11:31 PM
    Priority date is April 2003
    Category is EB3
    Consulate is Chennai.

    What do you suggest now?. I believe NVC will send the case to consulate only when DOS assigns a visa number to it. Why do they need to wait 6-12 months for the interview to be setup?

    I just did a research by browsing some of the CP trackers. Most of the cases has got the interviews setup within 1-2 months from the date of the receipt of the case by consulate.

    CP tracker: http://www.cptracker.com/

    Please suggest if my understanding is not correct. Thanks!.



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  • nat23
    02-14 08:06 PM
    Thanks everyone for the response.

    If an employee takes a promotion, how does DOL/USICS enforces that the employee accepts the job for the advertised wages and responsibility after getting his GC?

    If the employee doesnt accept the job for the advertised wages and responsibility then that is IMMIGRATION FRAUD both by the employee and employer. Right now this is probably a loop hole.





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  • lostinspace
    10-26 07:17 PM
    Unless you have a notice that you are required to have fingerprints, you can be issued with an EAD without having to go through the fingerprint process.

    I have just renewed my EAD for the second time and have never been fingerprinted.


    The following is the statement on the USCIS:

    Current Status: Card production ordered.

    On October 26, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    How much time does it take to get this. I am going to be out of country on Nov 4th. will there be any issue If I cannot make it to the finger printing.





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  • golgappa
    01-26 02:42 PM
    Also if we read the answer, the next employer may not the the immediate employer as well, he can just offer a job in future that too when we get GC, as the answer clearly says "or will begin", so in that case that future employer can be anyone GC sponsor, or current employer or anyone in future..

    "
    new intended permanent employer specifying the job title and duties of the offered position, the minimum educational or training requirements, the date the alien beneficiary began (or will begin) employment

    "





    godspeed
    10-01 10:51 AM
    Wish i had received an approval instead of RFE, so waiting to get the copy





    kevinkris
    08-16 10:59 AM
    I have booked appointment on Aug 27th..
    lets see how it goes...


    This is what I did.
    Goto https://infopass.uscis.gov/info_en.php

    Select Make your appointment with infopass. Enter zip code.

    Select fourth option "You need information or other services".



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