Saturday, June 11, 2011

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  • rajuseattle
    01-14 06:45 PM
    Mohican,

    I never heard about I-140 substitution. Are you sure your employer request USCIS to change the name of the beneficiary on the approved I-140?

    As far as I know I-140 is the petition by an Employer for an individual Employee, so it goes with 1 person and can not be substitute.

    Employer can revoke I-140 or use the underlying labor for some other individual.

    It may have been the case that USCIS by mistake approved 2 I-140 for the same labor and when they realise their mistake they denied your I-485 suggesting someone else already used the underlying Labor certification.

    I guess your original employer as well as USCIS are at fault. I dont think AC-21 provisions will help you either, bcos the USCIS rule is 1 beneficiary for 1 labor, their can not be multiple beneficiaries for 1 approved Labor.

    Please consult your situation with the experienced attorney and see if you can file MTR, since its not your fault and you are suffering due to USCIS/Employer mistakes for using 1 labor for 2 I-140 approvals.




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  • paskal
    09-20 10:58 AM
    they were not formed at the last moment in most cases
    what makes you think people participate in those? from personal experience
    in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
    ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...




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  • GCBy3000
    07-19 09:50 AM
    Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.

    Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.

    Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.

    Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".

    If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)

    NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.



    I think that going back to your home country ONLY because you feel overwhelmed by the delays in GC processing/retrogerssion (assuming you are quite content in your job and standard of living) is not a good idea. Especially true in the event that you and your family experience difficulties in adjusting professionally and socially after returning back. Chances are you might soon get a feeling of having taken a wrong decision in the heat of the moment, especially if the guys who stay back and ride this retrogression storm see some relief while you are still trying to adjust to the changed environment of your home country. You may even get tempted to come back and give the GC thing another shot but then you have to start at square one again.

    Going back to home country only because of the shortcomings of GC process is like deciding to take a sanyas because you are tired of dealing with social issues. I belive a decision to renounce something should only come from a position of strength. A true jogi is one who understands the triviality of society and decides to rise above it...not the one who denouces it because he can't deal with it.

    As the saying goes..its darkest before the dawn...I truely hope this is the case for all of us here...




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  • immique
    03-24 10:17 PM
    I also heard a lot of different things from some of my friends not sure if all of them are true or not. I have heard that people who did Labor substitution or converted from EB3 to EB2 are getting unusually high number of RFEs compared to others. Also DOL seems to be tightening up and scrutinizing EB2 applications vigorously(this is hear say don't take my word for this). Personally the one fact that I can vouch for from my experience with my family and vast circle of friends that did apply for Green cards is that people with a straight forward EB2 application had much higher chances of getting approved even with a later priorty date. I know four friends with a PD of June 2005 EB2(and many more with earlier PDs) from one retrogressed country who got green cards during that 1 month in July 2007 when all the dates were current. But I also have several friends who are either EB3 to EB2 conversion or EB3 with much earlier PDs (2002/2003) who unfortunately are still waiting for their I 485 approval even with an earlier PDs(most of them even did PERM Labor with transfer of PD or EB3 to EB2). many of them are still replying for RFE for one or the other issue. Does having a complicated application with EB3 to EB2 transfers/ Labor substitution delay the processing or lead to more scrutiny from USCIS? I don't know. I would like to know more from the other friends in the forum who have received RFE recently regarding their experiences. Also any straight forward EB2 filers who got RFEs please post your experience.



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  • Lasantha
    06-19 05:13 PM
    Section 501 (Rebalancing visa numbers and Z visa allocation) is effective on the first day of the fiscal year subsequent to the fiscal year this bill is enacted.

    Here the fiscal Year is from 1st October to 30th September. If this bill is done within next couple of months, we are talking about 1st October 2007. This is my interpretation.

    Section 502 (Merit based system) is effective from first day of next fiscal year after this bill is enacted, provided it is ateast 270 days away. So I am guessing, we would not see Merit based point system till 1st October 2008.

    Yes but that is when the provisions of the bill come in to effect.
    There is another clause which says "Any pending visa applications filed before the INTRODUCTION of this bill will be counted under the old system". In other words all the I-140s filed after May 15th ( Or June 19th) will have to be re-filed under the merit system if they are not approved and GC received when the Bill is in effect. That Effective date is the one you are refering to. Introduction date is when the bill was added to the senate calander.




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  • jchan
    02-25 12:37 PM
    I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.

    Just for starters, here are the benefits I can think of about pre-filing of AOS:

    - By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
    - Create more revenue for USICS (DHS) via AP and EAD applications
    - Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
    - Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
    - EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.

    Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.


    Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
    - Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
    - Must have priority date older than a certain number of years
    - Must have been in the US legally for five years
    - etc.



    Read again
    (3) an immigrant visa is immediately available to him at the time his application is filed.

    Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).

    If you still have doubt, talk to your attorney and post here what he/she told you.

    Have a good day!

    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • meridiani.planum
    06-27 01:49 PM
    See so many ppl getting their EADs in 15-20 days. Mine was filed in first week of May at NSC, still no news. From the LUDs, it doesn't appear anyone has touched the applications yet.

    Are these fast approvals only from TSC or there r ppl from NSC who see 15-20 day approvals?

    so far almost all NSC approvals I have seen are >30 days. TSC is the one with the 2-3 week turnaround time! Even at I-140, mine sat on some shelf in NSC gathering dust for almost a year, while TSC was turning those around in a few months.




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  • kevinkris
    07-23 06:48 PM
    Now that it is clear that we can file 485 without 140 receipt notice, I want to know what you guys, who have not received 140 receipt notice yet, are planning to. Are you going to file 485 right now with the information insturcted by USCIS (brightly colored paper...)? Or are you going to wait for the 140 receipt notice until certain point and then, if you still have not received the receipt by then, file 485 with the information insturcted by USCIS (brightly colored paper...)?


    I think we can wait till Aug 15th for I-140 receipt and if we don't get that (:( :mad: :confused: ) then we can file I-485 with the mailroom instructions from the FAQ (:) :) )



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  • LONGGCQUE
    05-25 03:48 PM
    Sent 3rd round emails to NE congressman.




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  • av2004
    05-25 09:26 AM
    Dear all,

    Please assist IV in this important initiative to bring DC's attention to our issues such as processing delays and delays due to retrogression. Who knows what will happen in future about immigration.. I just read that the senate is planning to come up with a commission that will control the legal immigrant limits...

    washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2010/05/23/AR2010052304034.html)

    It is all the more important to meet and let the senators know what we are going through so that they may think properly for the future.

    I have already contributed a humble $50 for this advocacy initiative and will contribute again in first week of June. Please do your part in helping IV and in turn, yourselves.

    Regards,
    av2004



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  • H4_losing_hope
    02-27 06:26 PM
    I sent my letter to the President, IV and my representative Lamar Smith. Thanks IV for initiating this drive!

    Cheers for your efforts :)




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  • smuggymba
    03-27 09:36 AM
    You came here 6 years ago and applied for your GC only in 2010. Didnt you find an employer who would file one for you. And you also know if your GC gets screwed for some reason, then you are out of the US also.
    Looks like something is missing, Dear.
    6 years ago, in 2004 (2010 minus 6 years), there was no retrogression. And you didnt apply though you had an option. Very very funny.
    Tell me, what are the facts.

    I came in 2005 and was eligible in 2006 for EB3 as per company's policy. There was huge retrogression then and I was hoping EB2 would be better for GC and career. Anyway, that's not the point.

    One thing I like is that people are acknowledging the porting is a loophole and plan to use it anyway since it suits them.



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  • s_r_e_e
    08-16 09:45 PM
    One more in same boat here .. EB3 India approval email received.. Dependent not approved , RFE for photos on EAD application .. EAD expires in one month ... lot of frustrations and trouble on my way I guess!!!!

    Though I haven't been able to get proper info from INS, I believe my approval is legit. I have had an EB2 I-140 approved in 2006 from a different employer. The GC approval notice shows the PD of 2002 (EB3 PD) and category of E26 (which I have learned EB2).

    It looks my case is considered as 2002 EB2 , if I ever knew this I could have tried to get an approval earlier.

    we see more and more cases where some smart USCIS system auto porting the applications to EB2 /earlier PD if one have different I140 approved. Another example is for an IV member texanmom .




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  • gc_kaavaali
    05-20 04:47 PM
    It is good to be part of Immigration Voice efforts. I did my party. Donated $100 through paypal. Transaction ID is : 16B6932611262260B



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  • santb1975
    04-28 12:12 AM
    you get us to 3786.

    Contributed $100.00
    Receipt ID: 8Y827090SS825123P




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  • eyeswe
    06-14 09:36 AM
    I am not on AF payroll, so please don't use your choicest abuse on me if it seems like I may be defending their actions a bit here. What I really want to do is give my experience with AI and the facts that comes sout of it and see if you would agree something similar could have happend with our fellow citizens on AF.

    I was travelling on AI ORD-MUM via FKFT. Similar to what happend at CDG airport, just minutes before my plane was about to land at FKFT, the right engine shut off and at FKFT airport, it was reported that a mechanic from London etc will have to fix it. After 3 hrs it was reported that it cannot be fixed and a new plane from somewhere in Europe will have to come and carry us to Mumbai. In the meantime they gave us coffee and fruits. Old and people who were less able got some blankets etc to lay down, but in general, mist of them were just loitering inthe airport. AFter 5 hrs or so, all US passport holders (and of course EU) were told, they could go out and stay at a hotel and come back next morning, which would be the earliest the plane would take off. All the Indian passport holders were told,we could not go out due to visa restrictions. But AI started negotioations with the Polecie of Germany to see if we could get some type of temp visa. 12 hours after the start of the ordeal AI was able to obtain a group visa for us at midnight from the German Policei. Note that most of the admisnistartive work to get the visa was really managed by the Indian passengers themselves. Ther was probably 1 AI personnel to do/direct some of the things, but after a while the polecie started talking surectly to us on next steps.. All through this we went to have 3 scerurity checks at different points in the airport. We were put in the same hotel ( as swanky Marriott in heart of FKFT) as the US/WU citizens. We spend the next 36 hrs(yea, there was no plane from Europe to carry us) in the hotel before we got a plane from Mumbai to take us back.

    So putting all this in context, I was happy that AI did help us when the situation was dire.with hotels and food etc. But they cannot help you with the Visa situation. I am assuming that it was the same predicament for AF. I agree not treating the pasengers well in terms of politeness, food , temporary lounge etc is not an excuse, esp at CDG which is AF's home.



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  • gc28262
    03-21 04:57 PM
    .................................................. ........................
    Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
    Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.

    If New H1B and Transferred H1B are same....then problem is solved.

    Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.

    Thank you everyone who responding to my post.
    If you want to hear from Murthy, see the link I posted earlier
    Here it is

    http://www.murthy.com/news/n_immrum.html

    Relevant part from the link
    "
    Each H1B Employer Must File a New H1B Petition
    .................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
    .................................................. .................................................. ....
    "




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  • optimist578
    02-11 03:44 PM
    I am pledging three more letters while the convincing campaign continues..Also trying to get something from my town's Mayor.




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  • gbof
    06-11 08:21 AM
    My PD of 12 Oct 05 is 'So near yet so far' will be missing aug VB. Dates are only going to move forward from here onward and NOT going to retrogress as predicted by our learned members...




    Libra
    11-15 11:15 AM
    Thanks Jitamitra for your contributions and also join your state chapter to work on our cause.




    danu2007
    06-23 04:49 PM
    Called just now..



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