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  • ss1026
    08-20 06:34 PM
    If i get correctly...Labour Substitutionhas been banned..right???

    DOL has ended Labor subsitution since July 16 of this year.





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  • speddi
    05-05 02:56 PM
    Hi,
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.



    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?


    Thank you everyone..





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  • Kitiara
    02-10 09:36 AM
    Maybe we ought to declare a tie between the two of you? :)





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  • MerciesOfInjustices
    02-20 07:54 PM
    There is a post at ImmigrationPortal by a guy claiming that IV's ability to hire lobbyists is bogus! I would like this guy's questions anwered here as well as at his post on the "EB Retrogression - HOT News" thread http://www.immigrationportal.com/showthread.php?t=204685 if possible!
    These are the posts by the user hadron:
    For anyone intending to 'vote with their wallet', please keep the following in mind:
    - Only US citizens are allowed to contribute to political campaigns (it is even illegal to give money to a citizen friend and have him contribute as a straw-man)
    - there are regulations regarding political action committees (PAC) controlled by 'agents of a foreign power'

    While I appreciate the enthusiasm of the folks setting up IV.com (and I have no reason to doubt the sincerity and honesty of their efforts), I don't see a whole lot on the groups website dealing with the legal aspects noted above.
    And then when I posted:
    A lot of foreign governments and entities legally employ lobbyists in Washington. They are merely getting your voice heard by the people's representatives!
    I am not a US Civics expert, but neither can be everybody else here!
    hadron, just because somebody is Board-certified in one field of Medicine does not make them experts in everything else!
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way! Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
    This was what he posted:
    Correct, and they are very careful to be registered with the secretary of state as a PAC or public interest lobbying organization. As you point out I am certainly not an expert on the law in this area, but before you start collecting a lot of money, make sure you have competent advice from someone who is (I looked into registering an immigration related PAC a year ago, after realizing the red-tape and political minefields involved I decided not to do so).

    Quote:
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way!


    I actually don't know how to do that.

    The reality is, in washington there are two things that open the door of a lawmakers office to a lobbyist:
    - a check from the PAC aligned with his cause
    - evidence that he represents measurable share of voting citizens in the home district of the representative or senator

    And do you see the problem here?

    You guys can't legally contribute to political campaigns and you don't represent voting citizens. So, having a lobbyist might be a first step, but it doesn't mean that your cause will be heard.

    Our main ally in the immigration arena is the US chamber of commerce. They are spending considerable money on advocating for employment based immigration reform (their main thrust however is getting access to unskilled workers, either through a guest worker program or through legalization. in a secondary way they are interested in higher H1b quotas to get access to cheap professionals, fixing retrogression is not very high on their agenda). Have you talked to other organizations classically on our side yet ?

    Quote:
    Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!


    Please, save me the melodramatics.

    Immigration bills get introduced by the dozen every year, most of them don't even make it into committee (but every time one gets introduced, people here on this board get all excited that finally 'relief is here'.) Even if a coalition of influential senators picks up the issue, there is no guarantee that it will go anywhere.

    --------------------------------------------------------------------------------
    This is last post:
    I am not angry at anyone, and I don't think that any of my posts can be misconstrued to convey that impression.

    I think it is a good idea to start (another) lobbying organization for immigrant rights as the existing ones have a interests very different from us. All the latino groups are only interested in family immigration and legalization of illegals, employment based immigration is only a little blip on their radar screen. Industry on the other hand has their own agenda, again not one coinciding with our issues.

    I just think that some of the people involved in IV.com are taking step2 before they have taken step1. They have a nice website (no big suprise with a project run by IT professionals) and are already soliciting contributions, but some aspects of it make me wonder about the level of professionalism involved.

    So as apparently some of the founders of this organization are present on this board, I would like the following questions answered:

    - what is the legal form of your non-profit organization ?
    - is this entity registered in any state, if yes in which ?
    - who is registered as the owner of the organizations bank account ?
    - what is the structure of the organization ? Do you have dues paying members, is there a board of directors, trustees ??
    - who are the officers of the organization ?

    Collecting contributions and spending them on political influence activities without making sure that all legal requirements are fulfilled is a dangerous endeavour. I hope you have everything set up the right way so you don't run afoul of the law (fixing retrogression is not going to do you any good if you are fighting a federal wire-fraud indictment at the time of your adjustment interview).

    Also, if you want to collect significant contributions, you have to instill some trust into the donors that their money will be used for the intended cause and can't be siphoned off by a member of the organization.

    So, before anyone decides to attack me personally, please come back with answers to these questions (or better, put them on the website for any potential contributor to see).
    There will always be naysayers for everything! But I would like to clarify if IV can legally get representation from QGA, provided we do get the money collected? That will be the critical difference between our previous efforts and IV!!!
    Admin / moderators please answer!



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  • sameer2730
    11-06 12:13 PM
    Does anyone know when VB will be out this month?
    Sometime this month!!





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  • sprash
    07-28 07:57 PM
    E-Filed EAD: 06/01/2008
    FP Notice: 06/10/2008
    FP Appointment: Friday, June 27, 2008
    EAD Card production ordered: July 28th, 2008
    ------
    PD: 01/27/2005
    EB2 India

    Hopefully this will be a 2 year EAD!



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  • tabletpc
    01-06 01:24 AM
    Venky08,

    I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!

    reminds me of a popular hindi maxim:
    "Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"

    loosely translated in english it means

    Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...

    (thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)





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  • sanju
    09-09 11:17 AM
    Hi,
    I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?

    In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.

    Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.



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  • priderock
    08-13 04:09 PM
    Just curious, why would any one file again just because they did not get the receipt for the first one (unless there is a legitimate concern like no Fedex/currier tracking for the first one , change of conditions like have second/better LC etc)?
    What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??





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  • slowwin
    05-15 05:54 PM
    The Bill says "in a field of science"......which also includes MBA.......

    science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR

    "a particular branch of knowledge." for more definitions check dictionary.com

    It does not matter what the dictionary defines SCIENCE as. STEM degrees are defined by USCIS. OPT extension to 29 months applies to STEM degrees too:mad:



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  • krishnam70
    06-18 10:55 AM
    OK! I just gave you two GREEN dots! :D

    I am I happy ? Two green dots look better than one RED... :D:D. I called my local senators office again yesterday to support the initiatives on the floor. They now recognize me when ever I call them because of so many calls :p

    keep up the good work folks the fruits of labor will be there to enjoy..





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  • gapala
    02-21 01:25 PM
    TSC - Texas service center
    AOS - Adjustment of Status



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  • drirshad
    06-05 05:06 AM
    Things seems to be so messy that Ron has very cleverly avoided any speculation about the coming up visa bulletin.

    http://www.immigration-information.com/forums/showthread.php?t=5185

    Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.

    Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.

    This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.

    If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.

    If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.

    Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.

    We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.

    Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.

    It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.

    Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.

    The July visa bulletin should be out around Monday, July 14th. Let's see what happens.





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  • desi_voice
    04-16 03:56 PM
    Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.

    OP, could you please confirm if this is the case with your background.

    Hi Gapala,

    After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.



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  • fundo14
    02-21 01:34 AM
    Thanks for the reply...
    Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
    Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?

    Never heard of this before...are you by any chance employee of any of the companies named in H1B visa fraud last week?





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  • jsb
    01-13 12:12 PM
    Hi pappu,
    I am planning to send a letter to Ombudsman DHS-7001.
    Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
    Receipt date: July 9th, 2007
    Priority Date: July 19, 2001. EB3. India.
    What reason can I write for "Description of your case problem"?
    Can I just mention that I am about to incur significant and unusual costs because of this delay?...
    Thanks,
    Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.

    Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.



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  • smuggymba
    04-22 07:50 PM
    what are the "legal types" of clothes ;)

    macy's, dillards etc..non-walmart, non dollar store clothes...haha, kidding man.





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  • aquarianf
    07-19 09:59 AM
    This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.

    I bet any RFE can be articulated with reason by attorney if they are smart enough.

    This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.


    Medical is one of the initial evidence so it should not be skipped otherwise it may be rejected.





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  • we_r_d_world
    11-26 09:07 PM
    EB3-I and C this should be another eye opener, get united or bust...
    nothing for us all in here,.............
    only hope is recapture.................
    please, wakeup... we need to start working on this..like........yesterday!!!
    We_r_D_world





    tammman
    08-14 02:01 PM
    EAD & AP
    E-Filed: July 19, 2008
    FP: Aug 14th, 2008 for my wife & me





    makemygc
    10-09 07:50 PM
    My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?

    Can some on advise me !

    My company, which is a big one with more than 9000 employees tried to do the same with me. I've to do some sweet talking with my paralegal to get a copy of I-140, which was sufficient. Although, later I realized it was a notice of action but I think that should work too. Since, my company filed my 485 I did not have to worry much about that.



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