Wednesday, June 15, 2011

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  • njboy
    09-11 01:38 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --------------

    not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..





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  • GetGC08
    07-30 06:29 PM
    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • andy garcia
    04-08 01:55 PM
    US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)


    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.





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  • go_guy123
    05-14 06:13 PM
    It is time to pass the DREAM Act.

    DREAM Act is held hostage up by the CIR advocates just like skilled immigration.

    But the repeated failures will weaken the CIR coalition as some Latino organizations
    like MALDEF have grudgingly started thinking about piecemeal options.

    Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
    GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
    are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
    amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.

    In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.



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  • highertruth
    07-30 03:55 PM
    YouTube - Aaja Tujhko Pukare Mera Pyar-Neel Kamal (http://www.youtube.com/watch?v=js368A-d7Hs)





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  • sunny1000
    10-09 08:29 PM
    I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o

    goto "forums" on the top left (next to "home"). Once in the "forums" page, click on "Non-immigrant visa"->"all drivers license issues posted here" and post your query.

    hope that helps.



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  • logiclife
    06-08 06:05 PM
    Premium processing is not against american values or any other values.

    Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.

    If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.

    Also, by that token, first-class travel is against American values? Would you rather that it go away too?

    Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.





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  • sabbygirl99
    03-28 04:45 PM
    You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.

    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.



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  • yabadaba
    08-14 01:07 PM
    you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess





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  • rajarao
    09-08 10:03 PM
    I got the same mail and kept me thinking about it; Just another way USCIS keeps us on our toes and in suspense, since the years of wait is not sufficient.....; Anyway, looks things are moving. Great Job by IV and the teams, starting from July 2007 visa bulletin; the community is great and good source of information. I will do my best to continue my support for IV as before and to all the immigrants or waiting to be one. Good luck to everyone.



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  • NKR
    03-11 02:53 PM
    You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you...

    Dude, Shed your medieval cloths and come to 21st century.





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  • chanduv23
    11-06 09:36 PM
    A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community



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  • ssbaruah@yahoo.com
    06-10 10:16 AM
    Thanks a lot. I find your suggestions great and if followed, will definitly make a difference. Thanks once again.





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  • veda
    07-29 08:45 PM
    Every one is looking at this forums including usics people.

    It is clear that their hands are also tied, when processing millions of applications few mistakes not avoidable.

    Let us fight with positive...absolutely not with negative..that will make any one more negative.

    Thanks for understanding.



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  • stuckinretro
    09-04 10:52 AM
    This is confusing. What is the source of this post?

    1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.

    2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.



    This is what I found in another thread:
    "06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    • This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    • However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    • According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
    Name of 485 applicant
    Name of I-140 petitioner (employer)
    I-485 Receipt Number
    "A" Number of the 485 applicant
    Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
    New I-140 to be inter-filed
    Statement requesting new I-140 be inter-filed with the pending I-485 application.





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  • mlkedave
    03-06 06:34 PM
    ill vote for u then paddy

    thanks for telling me about the duplicate



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  • smiledentist
    06-14 01:45 PM
    485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
    I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.





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  • raysaikat
    07-10 07:06 PM
    ... I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.

    ...

    They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.





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  • gcformeornot
    12-31 01:54 PM
    please help





    harikapraveen
    10-29 04:40 PM
    Wherever you go for stamping, there will be someone on the counter before interview is conducted by visa officer who reviews the documents.

    In Chennai, there will be a counter after appointment letter is shown. This is where the documents will be verified. When you reach this point, inform about the discrepancies and they will take care.

    My parents went to Chennai with wrong DOB. This was rectified by someone on the counter themselfs and no problems in the interview as well.:)





    saatiish
    05-14 12:02 AM
    something new, I did not know that.

    BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.

    A slightly off topic - but how did you know that your 485 was approved ?

    Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.



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