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  • WeShallOvercome
    11-13 04:55 PM
    USCIS has accepted my application and we received the receipts today. Thanks to USCIS. They are being lenient.

    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now





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  • bp333
    11-26 09:21 AM
    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now

    We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).





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  • hebbar77
    11-18 06:26 PM
    its down, so .. so what? how does it matter?





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  • gceverywhere
    04-10 11:36 AM
    This may be something that's already been addressed somewhere so my apologies in advance if that's the case

    I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

    Another question is: Are we also going to get a 3-year AP?



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  • Wendyzhu77
    09-29 07:17 PM
    I don't think you need to worry about the number on w2. Wages on W2 do NOT necessarily represent your actual wage. Lots of pre-tax deductions can be deducted from the W2 number, which means your W2 wage can be significantly much less than your actual wage. Your pay-stub will be a better evidence for your wage.
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!





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  • bestia
    07-16 10:58 PM
    Only I-485 is immigrant intent. LC/I-140 - are filed by the employer, it's not 'your' intent. Medical exams don't matter at all.



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  • ivar
    10-05 02:33 PM
    Your ID is offensive, TelanganaINDIA

    It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.

    Stop generalizing and don't hijack the thread. If you have nothing to contribute to this thread keep away and take your frustration some where else.





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  • soma
    01-15 10:07 AM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.


    That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?



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  • Alabaman
    08-28 05:06 PM
    For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.

    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?





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  • webm
    10-23 02:19 PM
    A Warm Welcome to US Consulate @ Paigah Palace, Hyderabad...:)



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  • addsf345
    12-05 10:46 AM
    how wld I know abt all these codes..

    do I need to ave access to my approved labour?..

    my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...

    so where wld I get these codes?

    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.





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  • prabirmehta
    03-22 11:25 AM
    Thanks, I'll call Senator Chambliss' office and try to request a meeting.



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  • fromnaija
    11-17 03:07 PM
    Hey Guys

    I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

    Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

    Looking at the above filling date, can some one brief me on my likely priority date?

    The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

    When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).





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  • Lasantha
    09-07 09:08 AM
    LOL - That's way too funny !!! :D



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  • Administrator2
    10-22 12:19 PM
    Please do not lose heart. We are working behind the scenes to get things moving. Nothing will happen just for EB3. Things will happen for everybody together. Don't ever let anyone fool you saying that something will happen only for EB3-I or EB2-ROW. Because no matter how much we want, things don't work like that. Everything will get done tother for all categories. We are causiously optimistic about the bill in Jan-2010. Hang tight and please actively participate in the action items.





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  • asdfgh
    11-27 11:58 PM
    Finished FP this morning. Got LUD on 485 45 mins after FP completion. Status language changed from

    "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"

    to

    "On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"

    Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.

    Any thoughts???



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  • dbevis
    January 20th, 2004, 10:14 PM
    Hard to tell from this (reduced) image, but the goose is not on one of the focus points so I suspect the camera selected the ducks in the background. The depth of field for your conditions is around 8 feet so you can see it's easy for much of the image (and the goose in particular) to be out of focus.





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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:



    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:




    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)





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  • sparky_jones
    03-15 03:29 PM
    Hi attorneys/seniors,
    Getting confused about the online status.
    Today morning my employer got mail from VSC saying that their received date is 03/12/2010
    Status check online by 10:30 AM(03/15/2010)
    Status:Initial Review
    Date received shown:03/12/2010

    Status check online by 1:00 PM(03/15/2010)
    Status:Acceptance
    Date received shown:03/15/2010

    Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.

    Got confused.
    How it works normally?

    Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.





    nixstor
    11-17 03:46 PM
    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.

    Big holler from me! You become EB3 ROW (Rest of the world).

    Find another employer who is willing to do an EB2 and you might have EAD in 6-8 months





    chantu
    02-04 11:20 AM
    Yes, I invited my parents and my wife invited her parents while we are in AOS status. Currently I am on AOS/H1B and my wife works on EAD. For her parents, we showed my wife as sponsor in I134. Both my parents and my wife's parents got the visa. They went separately.

    Folks,
    I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.

    So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.

    Path 2 USA do not mention anything special for EADs/AOS et al....

    Thanks,

    SoP



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