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  • gc_aug_2010
    08-24 05:48 PM
    Hi guys,

    Did anyone here get this RFE (quoted below)? I have been working for the sponsoring company for the past 5+ years at various client locations. The current location is a different state from the employer state. I always had all LCA's etc..So any tips on how to respond is highly appreciated.

    Is just an EVL stating "same terms as in I-140 apply and still continue to offer" be good enough? Or do u guys suggest sending current LCA and pay stubs? I really dont want to send too much or too less..

    I know people have different things to say and my lawyer will have his own opinion, but i wanted to see if anyone got this and how their lawyers responded and what response got their approval. Thanks in advance


    "The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.

    Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."




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  • sss9i
    08-30 11:07 AM
    You are correct, NOT seeing main page.
    Everytime we need to look at page 92.
    IT people can create subaccount in Main page.
    Thanks.

    That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.




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  • rc0878
    09-17 08:56 AM
    Applications were sent to NSC on July 19th' 2007. I got my receipt numbers today and all three numbers (I485, EAD & AP) start with WAC ### ### ####. The online status for the applications say that the 485 application was transfered to Texas Service Center and the EAD & AP applications were sent to Califorina Service Center.

    Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?

    Is anyone else in a similar situation?

    Best of luck to all....




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  • manishcp
    09-06 11:20 AM
    I think our turn will start next week, Jul 3rd filer



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  • v2neha
    08-13 05:02 PM
    My lawyer received receipt notices for all applications filed at NSC today. Here are details:

    Package mailed: 06/29/07
    Received at NSC: 07/02/07
    Notice Date: 08/08/07
    Notices received on: 08/13/07

    This was a I-140/I-485 concurrent filing for EB3/India with PD Aug 03.
    9 applications were filed:

    I-140 (1 for self)
    I-485 (3 self/spouse/child)
    I-131 (3 self/spouse/child)
    I-765 (2 self/spouse)

    None of the money orders / checks have been cashed yet.




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  • sanprabhu
    11-18 01:00 PM
    Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks

    Sandeep



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  • prashanthg
    09-17 02:01 PM
    Folks

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.

    As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
    It is illigal for an employee to pay for the GC process.

    I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?

    I am utterly confused here.




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  • sam2006
    07-20 03:22 PM
    Was asking in general..

    If you have used papal you can track all the funds filtering IV.

    i



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  • Libra
    07-11 09:02 PM
    viewed 56 but only one rating so far, come on guys, rate the video on youtube..........and post some comments toooo




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  • dba9ioracle
    09-19 01:35 PM
    As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.

    I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.

    8/12/08 - Approval Notice sent email
    8/18/08 - Approval Notice sent mail (post)

    Congratulations..



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  • gc_on_demand
    09-10 10:19 AM
    Folks...

    Dates move ahead means almost all people before 8 Jan 2005 will get their GC in Sep 2009.

    If that comes not true then DOS has given Spill over visas to Eb2 india on day 1 of new quarter and will do same for every quarter. If this is the case then date will move forward only in Jan 2010 bulletin.

    and if they moved date forward because there are only few hundreds case between Jan 8 and Jan 22 2005 then we will see very big movement in Aug - Sep 2009. There are very few Labor since Nov 2008. So Eb2 ROW will not utilize even 10k visas in next year thus Eb2 row will donate 20k + visas to Eb2 india and Eb1 do same ... if Eb4 and Eb5 doesnot get renewal before Sep 30th then expect 5k more visas total almost 55k Spill over to Eb2 india and China which will make Eb2 C by Sep 2010..
    :):):):):):):)




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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • gk_2000
    07-20 04:27 PM
    Correct me If I am wrong

    out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.

    Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....

    Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved

    Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.

    Many people are saying that EB3 members are not contributing that's why you are lagging etc...

    EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...


    Could you elaborate on how the money will solve the problem? If we could make a laundry list of action items and cost for each, we could do an extensive email campaign among all our members and convince them to contribute

    More people will contribute if and when they get a clear picture of how the money will work for them

    And no, I am not making any statement here throwing suspicions and distrust or ill will. This is a suggestion for improving the contributions, which is coming across as a weak area




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  • amitga
    02-04 10:57 PM
    Anybody living in Windsor, Please let me know. I will be coming there pretty soon.



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  • Libra
    08-20 12:38 PM
    Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
    It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.

    I think you will leave the boat before me, good luck.

    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")




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  • desi3933
    08-29 10:33 AM
    That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't believe I had been unethical.

    The bottom line, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.

    Any update on your lawsuit?



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  • bigboy007
    07-04 11:16 PM
    May be he will good for you dude. :D




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  • subba
    07-07 09:40 PM
    This is what my lawyer mailed us today (I have always had good service from him):
    In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.


    Not that I am holding my breath, but just wanted pass it on....




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  • raysaikat
    08-10 11:33 AM
    I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?

    Does USCIS have the right address on file? If yes, then perhaps you should wait for another week before starting to inquire.




    delhiguy
    07-08 08:51 PM
    If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.


    Under the special labor law

    http://www.dol.gov/compliance/guide/h1b.htm


    U can sue anybody you want dear..


    I am not a lawyer and this is not a legal advice, and i may be wrong




    indyanguy
    03-25 10:36 PM
    I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.

    So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.

    EB3 wait is my only way out now......

    thanks

    Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.

    In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!



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