hsingh82
06-10 04:46 PM
Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?
Good one!
Good one!
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transpass
02-23 02:16 PM
I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
Sometimes, Indian passport has spouse's name entered...May be that should help also..
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
Sometimes, Indian passport has spouse's name entered...May be that should help also..
abhijitp
01-23 02:03 PM
Just got 3 co-workers to sign the letters. People are more than willing to help the cause, you just need to approach them, you will be glad you did!
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lsuk
04-13 02:51 PM
Good news for some of us guys! They are now processing August 1, 2003 :) It moved 1 year forward.
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alisa
03-24 10:52 AM
Anyone from Wisconsin?
Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin
Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin
priderock
06-27 04:41 PM
I have taken mine and my wife's pic using digital camera, and took the card to the walmart. They have the software where you can set the passport size. 6 photos printout costed us 30 cents each. If you have digital camera take 640X480 photo with good light. This is the best option instead of going to walgreens which chargs 2 photos 8 dollars.
USCIS is very particular about the background , shadows and lighting. Unless you have a near professional lighting in your home , you are taking a risk. The flash light you use in camera creates a shadow on the subject and/or in the back ground. That is not acceptable. Unless you have a decent camera and you know what you are doing , it is very easy to over expose in close-up shots. Be very careful.
USCIS is very particular about the background , shadows and lighting. Unless you have a near professional lighting in your home , you are taking a risk. The flash light you use in camera creates a shadow on the subject and/or in the back ground. That is not acceptable. Unless you have a decent camera and you know what you are doing , it is very easy to over expose in close-up shots. Be very careful.
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desidude
06-19 01:48 PM
Akhil,
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
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SDdesi
06-05 12:23 PM
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
Especially concerning the issues faced by FDBL clients recently..
Especially concerning the issues faced by FDBL clients recently..
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svr_76
03-11 05:27 PM
Probaby you didn't see the whole list...
From Your Petitioner:
• A copy of the petition with all supporting documents as filed to USCIS.
• A copy of the employment contract or letter of agreement signed by you and the petitioner.
• Petitioner’s Income Tax Return for the last two tax years and financial statements.
• A notarized list of all the petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.
• State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
• A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
• A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
• A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
• A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
If this was a genuine/valid employement shouldn't the peitioner/employer really have all of the above documents with them ?
From Your Petitioner:
• A copy of the petition with all supporting documents as filed to USCIS.
• A copy of the employment contract or letter of agreement signed by you and the petitioner.
• Petitioner’s Income Tax Return for the last two tax years and financial statements.
• A notarized list of all the petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.
• State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
• A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
• A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
• A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
• A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
If this was a genuine/valid employement shouldn't the peitioner/employer really have all of the above documents with them ?
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asdfgh
11-23 12:49 PM
Nov 13th. Recd FP Notice Nov 19. Appt next week. Notice created date is Nov 13.
Got a real nice lady on the phone who mentioned that FP should be coming soon and may have been delayed due to TSC-CSC-NSC transfer, which made the "actual" receipt date at NSC Oct 15 instead of July. She said she would put a request in the system to get FP scheduled soon. Not sure if the call had anything to do with it or not, but looks like notice got created same day.
Good luck to all.
Got a real nice lady on the phone who mentioned that FP should be coming soon and may have been delayed due to TSC-CSC-NSC transfer, which made the "actual" receipt date at NSC Oct 15 instead of July. She said she would put a request in the system to get FP scheduled soon. Not sure if the call had anything to do with it or not, but looks like notice got created same day.
Good luck to all.
more...
bsbawa10
08-18 07:14 AM
After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
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Ramba
02-12 02:58 PM
The adv of 485 route compare to CP is EAD/AP/AC21. In CP, the applicant is getting immigrant visa in a foreign post/consulate. How can USCIS give EAD/AP for a person who is staying outside of US to grant EAD/AP?. There is no technical ground for this request. If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.
Though, law does not force any one to chose only 485 route, while you anyone already in US. Very very few guys will opt for CP while in US due to lot of hurdles in CP. Forget about retrogression, EAD, AP. Opting CP, cost you to fly to home country to get immigrant visa. There is no gurentee that US consulate will give you a immigrant visa based on approved 140 in CP process. That is always risk of denial at interview. It is something similar like, H1B approval by USCIS does not guartee the H1B visa at consulate.
Though, law does not force any one to chose only 485 route, while you anyone already in US. Very very few guys will opt for CP while in US due to lot of hurdles in CP. Forget about retrogression, EAD, AP. Opting CP, cost you to fly to home country to get immigrant visa. There is no gurentee that US consulate will give you a immigrant visa based on approved 140 in CP process. That is always risk of denial at interview. It is something similar like, H1B approval by USCIS does not guartee the H1B visa at consulate.
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rameshvaid
05-31 11:28 AM
We have app. 30000 members.. We need more "YES's" . Pls. forward the links to friends and families to support. This takes under 5 minutes to do so..
Here is the link again:
http://www.opencongress.org/bill/111-s1085/show#comments
Thanks..
RV
Here is the link again:
http://www.opencongress.org/bill/111-s1085/show#comments
Thanks..
RV
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Sunx_2004
07-28 03:59 PM
I have old I 140 approval notice, Is it necessary to send the old I 140 approval while interfiling. What if the old company withdraw old I 140, How can I interfile in that situation.
to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
i have read of instances when the PD was successful and few instances when it was not...
so i am not sure..what the criteria is..
but if you are in the same industry..PD porting should not be an issue..
....
i have a feeling sooner or later PD porting may be banned by USCIS..;-)
to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
i have read of instances when the PD was successful and few instances when it was not...
so i am not sure..what the criteria is..
but if you are in the same industry..PD porting should not be an issue..
....
i have a feeling sooner or later PD porting may be banned by USCIS..;-)
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texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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leoindiano
06-02 11:11 AM
Do not think anything wrong in voting. Atleast so many IV members are again active due to this voting. No harm...
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24fps
02-21 03:25 AM
write back about what happened/didnt happen in the visit
interesting
interesting
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chanduv23
08-11 09:17 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
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myvoice23
08-07 12:28 PM
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
not sure. What I got msg from IO when I went had infopass appointment.
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
not sure. What I got msg from IO when I went had infopass appointment.
wahwah
06-05 10:28 AM
you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
Kushal
11-21 02:48 PM
That's very true. Shame on us for being lazy and waiting for the right moment.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.