Saturday, June 11, 2011

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  • raju6855
    02-02 11:04 AM
    Ok, I guess we will do that.

    Thanks much




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  • gc28262
    08-27 08:08 PM
    Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)

    Here are threads relating to that.

    http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html




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  • snathan
    02-23 08:13 PM
    Hi,
    Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

    With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

    My question:
    1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
    2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
    3. The designation & job duties can be the same as that of EB3 or need to be changed.

    Thanks in advance!

    1. You cannot use the experience gained from the current employer...
    2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
    3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.

    So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.




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  • gc2
    09-23 11:11 AM
    i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

    thanks



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  • go_guy123
    04-15 10:01 AM
    What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.

    You have created six threads with the same question and getting the same answer. Please use your brain.

    snathan, I also agree. This post doesn't sound genuine




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  • augustus
    04-22 11:30 AM
    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?



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  • hitpauler
    04-21 01:04 PM
    Wandmaker,

    In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck




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  • logiclife
    05-09 10:34 AM
    Meet-and-greet fellow
    Immigration Voicers

    Some of the Core-group members will be converging in Washington DC on Monday, May 15th. Some of us are flying over the weekend (from Florida, Nevada, Seattle etc) and the ones nearby (NY, NJ, DE, MD) are driving there.

    The core-group would like to meet Immigration Voice volunteers and members in and around the Washington, DC area. We are arranging a get-together dinner event on May 15th in DC Metro area to facilitate this meet and greet, and to have frank conversations with our current and future members.

    You are invited to meet with the core group and network with members, local professionals, and well-wishers of Immigration Voice. Don't lose the fantastic opportunity to learn more about IV's strategy as well as the Capitol Hill meetings first-hand from the core-group.

    Attorney Rajiv Khanna would be joining us for this meeting.

    The event is arranged at a Bombay Palace at a discounted price of $20 per person. Like all the activities and events, the expenses (food, travel etc) will not be reimbursed by IV, and it would be paid out-of-pocket by volunteers, members and all guests.

    If you (your spouse or colleagues at work) would like to join us,

    (1) Please RSVP at the following email addresses with subject "RSVP".
    (2) Include the following: Name, and TOTAL number of people attending - including yourself.
    (3) Children NOT allowed (As this is a professional/organizational event, we advise you not get kids along with you. We apologize for any inconvinience this may cause.)



    Venue

    Bombay Palace
    2020 K St. NW, Washington, DC


    Time

    6:30pm to 9:30pm


    Valet parking available(Free after 5:30 PM)

    Metro directions
    (Easily accessible by metro.)
    Few blocks from the follow. metro stops:
    Farragut North (RED line - Connecticut Avenue and K Street) and
    Farragut West (BLUE and ORANGE lines - 18th and I street)



    RSVP by Friday (05/12) 4:00 p.m.:
    (Please include the total number of people. Children not allowed.)


    jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
    info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)



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  • WeShallOvercome
    07-30 03:28 PM
    Do you get the FP notice by email or snail mail?

    snail mail




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  • suriajay12
    05-07 07:31 AM
    ganguteli,

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    It works more easily the other way. If IV core endorses and supports a rally, then the numbers build up. If you dont start a campaign type of thread, where will the numbers come from. They will scatter here and there. Isnt that the case now.



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  • GotGC??
    03-09 12:36 PM
    No surprises here...from Murthy Bulletin:


    2. Employment-Based Visa Number Predictions

    We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA), which was attended by several attorneys from our firm. Mr. Oppenheim was kind enough to share his office’s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the “trickling effect” of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of “doubling dipping” for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.




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  • ameerka_dream
    04-19 08:35 AM
    ^^^^^^^^^^bump^^^^^^^^^^



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  • amitjoey
    07-06 01:03 AM
    Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
    --sri


    If somebody wants to create a seperate message, release it, I can dig it.
    I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.

    Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).




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  • wandmaker
    08-17 02:14 AM
    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?

    You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.



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  • tejonidhi
    11-27 01:20 PM
    My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
    Thank you




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  • howzatt
    08-21 12:05 PM
    bumping up??

    Sanojkumar,

    Please stop spamming all threads with this question. Please search at the very least wait for a reasonable amount of time to bump it.



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  • krishna.ahd
    02-12 06:08 PM
    both H1 and H4 extension are filed together regularly.

    However, the need now arises to upgrade both to premium processing.

    Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

    But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

    Anyway, thanks for all replies. I'll keep digging....
    It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.




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  • gcformeornot
    01-09 03:01 PM
    EB2 India "U"

    EB3 India couple of months ahead in 2001.




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  • mallu
    10-01 12:39 PM
    .....Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
    .....

    They are not dumb , they might be already keeping a watch on you while on soil.




    champu
    02-18 05:03 PM
    That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .

    You are W2 or 1099.




    mjdup
    02-12 12:42 PM
    This is a start and a good one....:) Bravo for being honest and stepping in..



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