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  • hibworker
    03-28 01:30 PM
    Can anyone please respond? What should I do?

    You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.




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  • ram_ram
    11-01 07:05 PM
    Legally speaking, You should not change the Metro Location for which the labor is applied. Exemption is Consulting companies can specify alternate location as 'Various client locations as specified by the employer'. Primary location would be the Head Office. So it all depends on what is specified in the labor.


    Hello

    My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)

    I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?

    Could you please advice if you info on this?

    Regards




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  • for_ac21iv
    06-01 03:21 PM
    Hellow Anindya,

    Thank you for pointing the petition.

    I saw the petition, and I see that there are some 251 signatories.
    Whats next with it ? Can we use that to "lobby" ?

    Let us all know about it. So we can make it effective.
    Keep posting thank you.

    regards,


    You guys might want to check out my online petition:

    http://www.petitiononline.com/legalimm/petition.html




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  • letstalklc
    10-02 01:10 PM
    I could see couple of July PD audited cases has been approved...hopefully you might get some result.

    By the way did your case has been filed by Fragomen Law Firm?



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  • priti8888
    10-05 11:56 AM
    How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.

    Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.

    In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.




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  • Vet04
    12-08 12:47 PM
    " kumar1" - What has salary to do with questions or coming to forum? Sorry,I didn't get your point here. I have seen people post all sorts of questions and problems in this forum.

    Thank you very much for the time to write your views though ,specially the cons, I would definitely like to know the cons too.

    thanx sri, lord and smisachu for the answers.



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  • FinalGC
    05-10 02:49 PM
    ICICI cheats you on the conversion rate. Try simply money gram from walmart




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  • neverbefore
    06-30 02:05 AM
    I have used AC21 replied to all the RFEs about it. Laast year my attorney delayed renewal of my EAD and immediately 485 petition started moving and landed in National benefits Center for scheduling an interview.
    In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
    Additionally what is worrying me is that they are vague on what documents they want.
    They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
    They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.

    Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".

    Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.

    And just chillax! You have done everything right, so why should anything adverse happen.

    What will happen: Oath->Demand for driver's license->Demand for passport
    Medical does not expire once filed
    Officer will review the file along with us
    We need to post a sticky note on file saying we are a family of 3 so we are seen together

    Docs:
    Appointment notice demands
    Paystubs
    Employment verification letter from employers
    Mortgage papers
    Education transcripts and degree
    Tax returns
    Marriage certificate
    Birth certificates

    Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously

    They might give us an I-792, send a copy to attorney. Always get the officer's name!
    A copy of July 2007 visa bulletin
    Arrival/departure record to/from US
    Pictures (passport) and marriage and family
    Driver's licenses
    H4 and H1B Notices of Action



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  • calif
    12-07 04:16 PM
    * * *




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  • Becks
    02-10 07:18 PM
    Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.

    So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.

    So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?



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  • walking_dude
    11-27 09:24 PM
    Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.

    Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.




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  • days_go_by
    08-23 10:52 PM
    180K per BEC and 2 of them so 360K cases overall.



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  • kumarh1b
    01-23 02:28 PM
    Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.

    USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.

    1. If my employer is filing new H1 application why i should go with premium processing? why not regular.

    2. Am i out of status now?.

    3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.

    Thanks in advance.




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  • iman.karta
    11-07 11:30 AM
    Letstalklc,

    Thanks! Good luck with yours too.
    No, my application is not filed by Fragoman.

    Apparently, there are some fellow in my law firms, who got audited before September 2007 (mine is November 2007), and they havent been approved. So apparently, it is more random than FIFO.

    It really sucks.



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  • ab_tak_chappan
    08-13 12:51 AM
    looks like vldrao got his GC and took a hike ;)




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  • Googler
    06-18 08:23 PM
    Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:

    "(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."

    please please stop reading the old bill

    the new one is on the iv home page

    or in thomas look at sa.1150 under the s.1358 bill

    Thanks for pointing that out Paskal. I stand corrected.

    S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:

    SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.

    (a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:

    ``(e) INTERAGENCY TASK FORCE.--

    ``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.

    ``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.

    (b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.

    (c) REPORT ON BACKGROUND AND SECURITY CHECKS.--

    (1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.

    (2) CONTENT.--The report required under paragraph (1) shall include--

    (A) a description of the background and security check program;

    (B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;

    (C) a statistical breakdown of the background and security check delays by applicant country of origin; and

    (D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.

    Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.



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  • sledge_hammer
    04-22 08:44 PM
    Admins - Please ban 'Brittanicus'




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  • raysaikat
    08-04 11:36 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!

    IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).




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  • vin13
    09-29 02:29 PM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.




    iptel
    04-18 12:48 PM
    Guys:

    Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html

    I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
    Thanks bkarnik




    jthomas
    06-10 12:30 PM
    we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"

    We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
    MAKE A NOISE



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