Tuesday, June 21, 2011

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  • thomachan72
    08-17 12:34 PM
    EB2 or EB3?
    Was there any audit for the perm (regular/random audits or otherwise?)?
    Was the 140 done under premium processing?





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  • vpadman
    07-16 10:04 PM
    Is it possible to file I-485 without I-693(Medical) ?

    The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.

    Please advise





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  • bestofall
    09-20 07:23 PM
    You stolen all our Hearts :)

    Thanks





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  • webm
    10-19 08:21 AM
    Thanks for the update...



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  • vamsi_poondla
    10-17 10:59 AM
    gc_chahiye,

    I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.


    h12gc

    Your GC is your responsibility. Better to know all AC 21 regulations and act accordingly. Lawyers do goof up. I suggest you take conservative stand unless you are ready to take any risk. Personally I am risk averse as far as GC is concerned. Think whether the extra dough or career change is much needed for you.

    The job title Technical Recruiter itself is like painting target on the shirt and going into the field. I think RFE is guaranteed.


    Vamsi





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  • onemorecame
    07-12 03:09 PM
    My feeling is if it is not coming out till Jul 14th evening

    Dates would be some where END of 2006

    I liked that...



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  • grupak
    03-06 06:46 PM
    Thanks grupak! I was able to use PTO with my employer..
    Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?

    If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?

    Thanks!!

    PTO is a new one for me. Paid Time Off??

    You can work with the new employer while H1B is pending, for 240 days as far as I know. There is premium processing if H1B doesn't come on time.

    3 days without pay is not a gap in employment if the employer-employee relationship is maintained. Don't worry too much. Even in normal circumstances, it takes a few days to relocate.





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  • coopheal
    04-13 08:14 AM
    Hi

    Only My wife has got a medical RFE.
    It talks about going to original civil surgeon and getting a TB test again and a Xray.
    Did you face a similar situation as ours?
    If yes can you throw some light on how to proceed.
    I cannot go to the same surgeon since I live very far now.
    Also worried why they have generated this RFE when I had submitted everything properly!
    Anyways any guidance provided is much appreciated.

    Thanks

    Yes we have received a similar RFE and can no longer go back to original civil surgeon. USCIS is very anal about TB test so if they don't get correctly documented result they issue an RFE. As per my lawyer many people are getting this type of RFE.

    We went to a local civil surgeon and got whole test redone. Our civil surgeon did a physical but was able to get most of the vaccination records from last medical test. My suggestion will be to check with your local civil surgeon how he is willing to proceed. Most civil surgeons are not comfortable with signing documents for which someone else and would do the test again.

    From what I learned from others is getting whole test done and submitting is fine. I am still in process of submitting my paper work for RFE so can not tell you USCIS's reaction for the same.

    Bottom line is don't worry too much about this. but hurry up in getting an appointment with local civil surgeon as they have limited availability. :)



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  • ajm
    04-14 11:40 AM
    There is no excuse for the Immigration dept for this backlog. This is a simple clerk's job which they screwed. IV as a an organization should clearly state it and insist on fast resolution by the respective authorities, not just foggy promises.


    I agree that there is no excuse for processing times running into many months. However, I would be hesitant to rely on the goodwill of DOL/USCIS in resolving the backlog. I started another thread suggesting a premium processing option for the entire GC process:
    http://immigrationvoice.org/forum/showthread.php?t=600





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  • gsc999
    04-28 01:09 PM
    That article is a joke and more like propaganda. It says around 58K H1Bs are issued and most of them are extension - but are they not aware the extensions are not counted towards the cap...?

    The moment I read this...I have stopped reading any further.

    The job is first moved by the out sourcing firm and then offered for Americans...?-
    -----------------------
    This is interesting information. This is the first time ever that such news has come out of Indian press. You may belittle it by calling it a joke but to me it is critical because this issue may turn into a trade issue. Call for negotiating a comprehensive services agreement is not mundane. Together with rejection of billions of dollars worth Us defense deal, this is seriously moving towards becoming a significant issue. You may want to dot the is and cross the ts but that is not how the Law makers, Senators US or Indians think about these issues. They are at 30K feet level looking at the Forest while we waste time in just going around our own trees.

    To me the intent is more important than the content in the early stages. We will get to details once there is broad agreement on the issue, that is basic negotiation 101.



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  • kaisersose
    04-18 11:56 AM
    my new 140 is file in april and is approved. got my EAD and AP. But no FP.

    I also dont expect to get the GC so fast. its more of a red flag and concern what they are trying to look for.

    No Red Flag as the letter clearly says it is a standard interview.

    It will be a formality where you show your status was always legal and you have a valid job offer in line with your Labor. That will be it.





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  • anilvt
    08-13 09:11 PM
    I am EB2 and will volunteer for any event for immigration community....i did it in dc last time and every time too ...other than emergency



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  • BharatPremi
    12-09 04:27 PM
    all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.

    See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.

    Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.

    Yes audit questions seem to be hinting screw up from employer side but then also it can not be judged exactly on the same line without going into detail of provided job classification, job requirement and furnished docs from employee.Now all of the areas you mentioned are crucial from employer side and in addition to that "employee's degree" evaluation is also done at labor stage,(PERM or OLD LC). Please see following link.

    http://www.usabal.com/permres/PERM_Overview.html

    Now logically screw up can occur at one of the two or both segments. "Employee side related docs and process" and "Employer side docs and process". I was kind of trying to know whether poster might not have screwed up anything from his side. You covered the areas "from employer side" - whether it may be business necessity and/or recruitment results. Now if employee's docs have conflict with any of "business necessity" for an example evaluation cert depicts MS (Electrical Engineering) and "business necessity" is to hire "MS (Computer science) then also it could create the problem. In such case employer/lawyer if can establish that MS (Electrical) can also that job then matter is finished..





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  • helpful_leo
    02-21 11:11 PM
    This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.

    You can check out this thread for more details of PACE and the amendments we are suggesting:
    http://immigrationvoice.org/forum/showthread.php?t=151

    Pls use the material from the letter attached there in your letters to senators and congressmen.

    Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.



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  • mheggade
    12-22 04:26 PM
    read this.
    Even Bigger Nightmare On Tech Street
    http://money.cnn.com/news/newsfeeds/gigaom/mobile/2008_12_22_even_bigger_nightmare_on_tech_street.ht ml





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  • vaayu
    09-01 03:51 PM
    Theres a butt load of cases in this similar situation including myself where a case was transferred to another service center. It appears they can't find or update fingerprints for such cases. Its a shame but another glitch from USCIS



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  • MD_123
    04-10 12:39 PM
    Latina:

    I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.

    IV team, if I'm wrong about this, please correct me.


    The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.

    What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).

    1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit

    2) With the hard quota, this 10K now goes to UNSKILLED immigrants.

    This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!

    Can I be any clearer?





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  • conchshell
    06-01 12:05 PM
    I think that instead of exhausting our energy on this issue, we better think how to make progress in our fight against injustice. And to all those who are using an abusing language .... please show your guts when you go for your next visa stamping or when entering the United States on a port of entry and try to use the similar language.... you surely will get an answer/lesson you will remember for rest of your life.





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  • pointlesswait
    01-23 10:19 AM
    am in too!
    we should have a meeting once in a while!! lets meet ASAP!!! and chart out a plan of action!





    GC_Waiter_2000
    07-12 12:33 PM
    BTW, When do we expect the VB for AUG? It is almost 2:00 PM EST :mad:





    pagalForGC
    06-30 04:47 PM
    Thanks Ivar for your reply.

    Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
    I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.



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