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  • leo2606
    09-26 09:12 PM
    Hey GC_SUCK,

    Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?


    Here are details

    PD: 04-08-02 - EB3-ROW
    Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
    I-140: Approved on 03/30/07
    FP:05/11/07
    EAD:Card Received in mail on 06/21/07
    AP:Notice Mailed on 06/21/07
    485 LUD (Last Update):
    03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
    I485:APPROVED - 09/18/07
    I485:Approval Notice Mailed - 09/21/07

    Card Received - 09/24/07




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  • waitingGC
    03-09 10:13 AM
    I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
    The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
    I strongly feel L1-A visa holders shud not be put in EB-1 category.
    What do you think.

    Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?




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  • javaconsultant
    03-23 12:03 PM
    Guys,

    Can we contact Center for Community Change for our cause ?

    I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
    a program of Immigrant Rights.

    http://www.communitychange.org/


    Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!




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  • javadeveloper
    07-27 03:13 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?

    You don't need it If you stick to your employer till you get you GC.If you want to switch to other employer after 180 days of RD(Using AC21) , then you need to know the the position/title of your Labor (It's written on the Labor Certification) , because you have to accept a job with the same position/title with the new employer.Correct me if I am wrong.



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  • stillhowlong
    01-17 02:57 PM
    Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

    If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

    Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

    Good luck
    Raj:)

    Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
    1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
    Thanks
    SHL




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  • ksrk
    10-01 04:39 PM
    How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

    thanks,

    I took an InfoPass appt. at the local USCIS Office and the IO there was quite willing to share information. He told me my FP returned with "no record" and my NC (same as BC) came out clean and was nice enough to confirm the same thing for my wife (even though she wasn't at the InfoPass appt. herself).

    InfoPass appts are generally a crap shoot - if you are lucky you will get quite a bit of info, else the cold shoulder treatment.

    But for sure, calling the USCIS office won't give you any info reg. the status of these checks.

    Hope this helps.



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  • ASR
    07-08 03:25 PM
    Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..

    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?




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  • EndlessWait
    12-07 03:03 PM
    bump /\/\



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  • chanduv23
    01-14 02:42 PM
    IV can grow into a very strong organization in these lines being discussed. The best way to do it is to join the IVs State chapters and mobilize the community and do meets and greets and conduct seminars and many other constructive stuff




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  • USDream2Dust
    10-15 06:53 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.

    I would relax now and be happy about not getting another RFE in short time.



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  • rajeshalex
    10-17 06:05 AM
    Dont do that. Get H1 stamped in india and then come to USA.
    If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.

    Rajesh




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  • wandmaker
    07-27 02:43 PM
    Hi,

    My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

    Thanks.

    It is your choice to let it expire or renew before expire - either way, you will have to file I-765 form, if you need EAD



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  • vallabhu
    09-10 10:04 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

    To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues

    So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer

    an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.

    if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application




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  • willwin
    04-05 09:16 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds

    Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.

    Perhaps, the attorney team here on this forum can help us understand how this works.



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  • ItIsNotFunny
    09-22 03:06 PM
    Please post how many people you called!

    Trent Franks (R-Ariz.)202- 225-4576
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236 (NOT IN FAVOR)
    Steve Chabot (R-Ohio) 202-225-2216
    Chris Cannon (R-Utah)202- 225-7751
    Jim Jordan (R-Ohio) 202-225-2676
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
    Ric Keller (R-Fla.)202- 225-2176
    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Betty Sutton (D-Ohio) 202-225-3401
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Luis Gutierrez (D-Ill.)202- 225-8203
    Howard L. Berman (D-Calif.) 202-225-4695




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  • thepaew
    09-17 09:31 AM
    Hi All,
    I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
    I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
    How about pursuing a full time MBA with EAD ( 485 PENDING)
    I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?

    Hi,

    I looked in to this option as I had applied to a US Top 5 program. It is possible to do this on H-4 if you are married and if you are confident that your spouse can maintain his or her H1B status during the duration of your course. Of course, it will be a headache to get a US-based job or internship.

    Hope this helped. Good Luck.

    - N



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  • logiclife
    07-11 11:18 AM
    This is from Rajiv Khanna's Immigration.com (http://www.immigration.com/common/synergybackpay.html), found today.

    Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.

    In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.

    What this tell us is:

    1. Its really not a joke to go around benching people without pay.
    2. All it takes its an official complaint to be filed with Department of labor. And although it takes time, the department of labor would go after such employers and do the neccesary "Treatment" and "therapy" needed to teach such employers a lesson.
    3. It is not the employee's fault if they are not paid wages for the time they spend when they are non-productive, aka, illegal benching-without-pay. Employee's responsibility to find a gainful employment starts ONLY AFTER the employer officially terminates the employee and send USCIS the notice to revoke H1. After that, its the employee's responsibility to maintain status and legality.

    Employers like Synergy are not only a menace to their own employees, they are also a menace to the entire system. The anti-immigrants cite such employers to make their case for their own cause by saying that "H1Bs are exploited and H1Bs are slaves and H1Bs and immigrants are driving down wages". When in reality, H1B employees most earn the same amount or more amount than any other employee on greencard or citizenship. Such few bad apples really provide examples for our opponents on other side to create new sound bites. These are the guys who put us in trouble and provide fodder to Lou Dobbs and programmer's guild(organization against hi-tech immigration).

    I am disappointed that they are barred only for 2 years. Coz after 2 years, I can guarantee that they will be probably back to their old tricks. There is such a thing called RECIDIVISM. A tendency to revert back to previous pattern of bahavior. Pretty much like a dog's tail. No matter how long you keep a dog's tail in a straight tube, as soon as you take it out, it regains its original shape.

    However, 2 years is still 2 years. And I am going to toast to that. CHEERS !!!!!!!!!! :):)

    If anyone here has been an employee of Synergy or is still an employee, you may want to take appropriate steps to change your employer and check the consequence to your immigration status and GC status.




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  • rexjamla
    09-10 08:08 AM
    Hi Friends,

    I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.

    However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
    I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
    Check this link- http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    Thanks!
    Rex




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  • shana04
    02-01 06:09 AM
    There is a seperate thread on this. Look it up.


    can some one point to the right thread. Thanks in advance




    ultimo
    10-02 10:07 AM
    it wont be a uscis mistake . who knows , too much application they are carreid away




    javadeveloper
    02-23 10:59 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    1.You need to be on h1(your wife&kid needs to be on H4)
    2.My suggestion:use EAD if you need to use but don't send your wife to India.Use your savings for your Insurance & living(in the worst case).
    3.Also keep in mind that you have to spend about $2000 to send her to india and bring back to US with which you can buy 3 months of insurance.



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