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  • aadimanav
    06-14 11:13 AM
    Any one???

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  • jinger
    04-02 08:44 PM
    I am not surprised at logiclife's or the poll's reply. IV is an ultra-narrow organization that seeks to satisfy the founders' self-interest only. Don't be surprised if they drop you all like a hot potato once their interests are satisfied.

    "Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.

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  • kkt_tkk
    10-19 07:57 AM

    Can you explain in detail, how you defined your education in Labor certification?.
    It depends on that, if you defined combinational ( and/or experience), then no issue.
    All the best
    My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
    So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
    Thank you.

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  • meet
    08-31 09:36 PM
    Please do reply to my queries...........


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  • Milind123
    08-14 06:00 PM
    Do do your DD before signing on the dotted line. esp if the company is offering 1/2 mil for $22, I will check the ratings of such companies. Of course you want to make sure they are around when it is time to pay.

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  • nixstor
    07-09 08:04 PM
    I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.


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  • freddy22
    04-24 09:25 PM
    thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn

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  • GreenCard4US
    03-20 04:57 PM
    Saturday, March 21, 2009

    Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

    The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

    These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

    "Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

    All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

    "USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

    This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

    Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

    USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

    While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

    At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

    USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

    The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.


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  • uma001
    05-04 04:40 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?

    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.

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  • pappu
    10-19 02:22 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?


    Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
    Some new updates are also posted for donor members only.


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  • h1bdude1
    03-23 11:48 AM
    anybody please respond !!


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  • pagalForGC
    06-17 03:54 PM
    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?


    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.


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  • PDOCT05
    10-29 11:42 AM
    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.

    It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)


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  • watzgc
    04-22 08:06 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..

    Hi Sankar,
    Can one apply for another h1b if h1b extn not come thru and h1b already expired ?


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  • gunabcd
    07-16 02:26 PM
    I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?

    Dear hk196712:
    This means your application for political asylum will be rejected, because you are a minority woman from Iraq, you filed in EB7 category, your priority date is 2012 and you sent your application in 1956 to Tel Aviv instead of Nebraska. Thus your job as a victoria secret model wearing burkha is in danger, you should apply for Z visa.

    Hope this turns on a bulb in your head.

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  • milind70
    07-26 11:06 AM
    Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
    Some thing really does not sound right here. By law, he is required to give you the approval notice.
    I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.


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  • pappu
    01-28 05:46 AM
    Excellent proactive attitude......This is what we need....

    I would like to make the following pledge...

    For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.

    Anyone ready to take up my pledge?
    Thank you for your pledge.
    I am sure our members will take it up as a challenge and help you complete your pledge.

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  • dogking
    03-20 12:23 PM
    Does anyone know the time frame of WISH and Talent bill?

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  • rpat1968
    07-15 08:13 PM
    After contacting USCIS through Ombudsman & Senaor John Cornyn office I finally got email from Uscis telling me that I am in EB3 and they mistakenly sent me EB2 approval. After this they sent me an amended EB3 approval. Also the immigration officer who worked on my case called me an explained me what exactly happened.
    He said that my attorney sent an letter with mi 140 approval saying that if they cannot approve me in EB2 they can consider me In EB3. Which is exactly what they did.but since the application had EB2 their contractor who generates the approval generated an EB2 approval. In Uscis system I was in EB3 and all alone I was thinking that I was in EB2. So i got royally screwed. The only now per immigration officer is for me to restart the gc process from labour stage and recapture the July 2004 pd. I got so sick of this I just stopped worrying about this and currently on Ead. Bought a house and will wait and see how things go. May reapply for labour ....

    06-19 08:47 PM
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    03-20 12:34 PM
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