Saturday, June 11, 2011

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  • andycool
    02-11 05:03 PM
    Hi everyone,

    Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.

    My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.

    Did you move to a different state after filing at NSC ??





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  • sankap
    07-20 03:25 PM
    Thanks!





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  • st4rguitar
    04-06 01:46 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.

    First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.

    As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.





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  • pd052009
    10-07 11:38 AM
    For Dobbs: Clean your back before pointing fingers...



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  • logiclife
    04-08 12:15 PM
    I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.

    If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.

    Doesnt the ombudsman report show all numbers even today? I thought they did.





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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.



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  • snathan
    02-21 12:43 PM
    Thanks snathan. Can you please point me to a link that lists down the conditions needed to satisfy EB1/EB2/EB3. The link provide by samuel5028 is not working.

    Thanks
    IAspire

    http://immigrationvoice.org/wiki/index.php/Main_Page

    IV is trying to eliminate the backlog and reduce the wait time for the EB2 and EB3. There is a lobby day arranged on Apr 4 & 5 DC. Please join the advocacy if possible. Otherwise you can donate money, air miles or hotel reward points for members who attending.

    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-3.html#post2357939





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  • ohguy
    02-18 09:25 PM
    I got the same email like you later in the day today. 485 is not in the USCIS office where it was transferred. Hopefully they will work on our cases soon.



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  • sagar_nyc
    01-26 11:22 AM
    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.





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  • akkakarla
    09-06 06:46 PM
    Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.



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  • aachoo
    03-24 09:56 AM
    Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"

    I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!



    Request for Evidence



    The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.

    Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.

    You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.

    Officer # 11**

    Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
    -a





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  • eb3retro
    02-20 05:53 PM
    There are 2 kinds of people in the world -

    one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.

    An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?

    Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.

    We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...

    lovely comment ..well said.



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  • SunnySurya
    07-13 12:49 PM
    Reading your post, it seems that it is better for me to do nothing (option A).
    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.





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  • rajubuthi
    08-18 08:47 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:

    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    Please advise me what to next..! Is there any chance of a positive result.?

    IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?

    Thank you..

    Rgds,
    Raju



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  • onemorecame
    04-13 01:59 PM
    Congratulations..





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  • bekugc
    03-05 06:58 PM
    pls respond... thanks ^L^



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  • jimcourier
    06-08 08:29 PM
    Good news..

    Status changed to :- Approval notice sent.

    Boy oh boy..what a thriller..

    Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)





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  • diptam
    08-20 01:06 PM
    Its true that Consulting companies take a good part of your BILL-RATE but other stuffs may not be THAT bad.

    I'm working thru such a small company for last 3 years and this is my 4th client... 3 of the 4 clients were provided by them, no bench so far. They dont give me BillRate share but we work with a Negotiated Resonable salary based on the Cost of Living of the City where i work/consult for.....

    Discuss the Terms and put in email as well as Paper before Joining - Be on Top of them even if they want to change a single spelling in that Terms Paper. You got to be very tough , aggressive as well as resistive with them for any changes they want to script against you.

    I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
    Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.

    Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.

    But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????

    Any words of wisdom�.





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  • coopheal
    11-05 10:15 AM
    Bump





    sathishkrish
    05-19 08:05 PM
    There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!





    Queen Josephine
    October 25th, 2004, 01:44 PM
    This one was really difficult for me to evaluate because of all the openess, but I felt myself gravitating more towards the forms in number 3. Since it was the form that attracted me, I downloaded and cropped to make the fence the focus (since that's what grabbed my attention initially). I think I like the crop sans sky where only the wheatfield ( or is it oats?) and fence posts show the most. I know it has less complexity than the entire photo; maybe I'm just into simplistic and minimalist this week :)



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