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  • calm down people IV is doing just fine.....we need to stay focused....





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  • VinodMP,

    Sorry to hear about your denial.
    You haven�t mentioned about your education, maybe I missed it while reading the whole thread.

    If your education was equivalent to US Masters (16 years) at the time of filling labor, in your case more specifically MTech or MCA etc. (16 years education) from India, both equivalent to US masters then it�s a wrong denial.





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  • True, but the OP isn't proposing a law, if you read the first post, she is asking for permission :D with this kind of knowledge, such things will die in her inbox!

    Yes. a law will be good.





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  • I am not sure, if this topic has any merit. But, basically what we can learn is that, it is difficult to legally fight corporates, though I do not intend to discourage people, if there is any issue based on race or gender, going to HR may seem to be the right way, but 95% of cases, that will not work in favour of u, rather will work against you, especially being on H1b.

    The reason I opened this topic for discussion is to see if it helps folks understand how certain things can affect ur path to GC. This is one aspect that you have to atch out in your journey towards GC.





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  • I am happy to see both guys comments i.e shimul99 & vkkkk

    These statement gives some possitive streanth....as all of us are going some phase...

    May we hear the some good news before end of December 2007

    :)





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  • http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1

    Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.

    H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.

    FYI majority of Desi companies follow the rules as stipulated by US laws. There definitely are abuses in any law. Do you think all wallstreet firms played by rules in this financial mess.

    If there are abuses that should be enforced. No doubt about it.
    Please stop generalizing from these incidents. There are good majority of IV folks who work for good consulting companies.

    If you don't want IV to be reduced to an organization of couple of hundred members, please stop generalizing. After all that is what anti-immigrants are doing.

    Don't kill IV with your immature perspective.





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  • While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem





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  • How long does it take for ppl to make up their mind on a casual get together??

    Come on folks participate in this poll and drop in for the meet. If I can make it to the meet by commuting for almost 2 hrs (one way) what is stopping folks who are working few subways stops away from penn st or GCT :confused:


    Looks like people are forcing themselves to resist. Everyone sees advantage in IVs activities, but actually are far from deciding that they must get active.

    The more you resist, the more USCIS will resist. When you cannot care about yourselves, how can you think the lawmakers and USCIS care about u





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  • Hi

    please read this

    In all cases, the date the labor certification is filed (directly with the United States Department of Labor for PERM applications, or with a State Workforce Agency for RIR applications)

    from the wikipedia link

    Priority date - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Priority_date)



    ------------------

    Can some one clarify if the PD is based on the day labor application was received or the day it was approved?

    My I140 states it as the day it was approved.





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  • The core IV objective is "The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. "

    and that is exactly what this effort is about. It is a different and fresh approach. This is a grassroots effort which aims at educating and making people aware of our problems. what is it that you dont agree with this approach?


    I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this





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  • My 4th contribution today $100 - from my bank

    Immigration Voice
    Member ID : chanduv23 $100.00 05/16


    Contributed $400 so far along with this.

    IV is doing a great job. Great going IV.





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  • I would also check if your original GC sponsoring employer (Company A) is not involved in any fraud investigations by USCIS. In which case, USCIS can revoke an approved I-140 without any notice on the basis of fraud, which would automatically lead to your I-485 denial. I-140 online status may or may not change in such cases. Your case being in extended review is raising some flags. Do you know anything about the kind of extended review that was going on. Your lawyer on file, as well as you should get a copy of the notice. Make sure no communication was sent to the lawyer from Company A. Sometimes USCIS does not update the lawyer information even though a new G-28 is submitted. You will have to just wait for the denial notice. Send an email to info at immigrationvoice dot com so IV can get in touch with you to help.

    I do not believe original employer was involved in any Fraud but he did have financial trouble ( paying salary after 2 months , check bounce etc - that is the main reason I left) .
    That company is MSU software based in Iowa ( just in case if anyone knows about it ) .

    I tried several times approaching USCIS as well as Congressman's office to find the details of delay / extended review status etc but all I got was we need to wait until the review is complete.

    I had switched attorney as soon as I joined company B and they AC21 and I have copy of the all the docs including the letter requesting to remove the old company A attorney . Also last my company B changed the attorney firm to a different one and they did sent a new G28 for that .

    I am kind of stressed until I see the letter which is going to be delayed because of the snow Storm :( .


    I have sent the email to info@immigrationvoice.com just now.

    Thanks folks for all your support. it really helps that some is there to here the concerns and provide suggestions .

    -vinod





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  • This hits the nail on the head. We need to do a reality check on our side as well. I have been extremely embarassed by my fellow desis stinking to the core and digging their noses in meetings.

    I've also had the extreme embarassment of being asked by a fellow non-Indian colleague as to why most 'male' desis didn't believe in taking a shower and washing their clothes.

    Another point raised was why some ladies wore anklets in the office. The sound of anklets does bother me too since it truly distracts one's attention. I understand there is a cultural tradition involved here but we need to assimilate as much as possible especially in the work environment.

    Sometimes, unfortunately such things take away the attention from our real skills which are our brains and smart work.
    We need to maintain proper hygiene and courtesy everywhere, even at home.





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  • Who said the position must be in zone V only to qualify for EB2?

    For the position to be qualified for EB2 it must require MS. For position requirements to be considered "normal", they must fit into the respective zone in terms of SVP level. As I learned from my bitter experience, though offficially for a PERM to be approved the requirements don't have to be "normal" (if they are not, you just need to supply the "business neccessity" letter), it looks like the current PERM's software just doesn't have such possibility "in mind" and automatically denies the application if the total education plus experience requirements exceed the SVP level for the zone corresponding to the position. You will get a denial notice which will blatantly claim something like "By answering YES to question H-12 you have attested that the requirements are normal, but the total SVP level exceeds the normal level for this position..." even if you have answered NO to that damn question! Therefore I don't recommend to exceed "normal" SVP level for the corresponding position code.

    However, if a suitable code falls under zone IV, nobody (except for emplyer himself maybe) can prevent the employer to require, say, MS plus 2 yrs of experience. And it is within "normal" SVP level for zone IV, and it does qualify for EB2 (because it requires MS).





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  • Raj3078/anybody,

    Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).

    gc101.

    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance





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  • I am looking for help in wrongful I485 denial of 485 with AC21 .

    below is my situation .

    Company A :
    Pd: 12/31/2003
    Category : EB2 India
    Labor cert approved : 3/30/2004
    I 140 RD : 4/13/2006
    I140 approved DT: 9/21/2006
    I 485 sent : 7/2/2007
    I 485 RD : 7/5/2007
    I485 ND : 7/13/2007
    Finger print : 9/2/2007

    Company B :
    joined Date: 2/14/2008 (after 6 months)
    Filed AC21 by company attorney
    contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.

    Left Company B to move South side because of health issue ( winter) .
    Company B understood the situation and left in good terms with them.

    Company C ( Full time )
    joined Date: 12/14/2009
    Used EAD .

    I140 LUD: 1/29/2010
    I485 denial email : 25/2010

    Thanks
    -vinod





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  • Lazycis

    Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful

    I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.


    USCIS expedite criteria met - no results for past 10 days
    workig with congressman
    sent to Ombudsman, they responsded that they are researching
    took infopass, no help


    THanks

    Check lawsuit steps here:
    http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps

    If you have any questions, Pm me or post them here
    http://boards.immigration.com/showthread.php?t=194681&page=600

    I will prepare a lawsuit template and post it on immigration.com
    As you have an urgent matter, you will need to expedite the process. The rules give government 60 days to respond under normal circumstances. To expedite, you will need to file a motion for preliminary injunction right after you file initial complaint. This way, you will get EAD in two weeks.





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  • wah wah ustaad kha dala.. kya shayari farmiye hai



    translation: what a really great poem!




    How about this piece of Mirza Ghalib?

    Aaj Muje Masjidme bethakar pine de
    varna aysi jaga bata jaha Khuda na Ho

    Translation:

    "Today, let me drink liquor in the MASJID (Muslim holi place like Temple of Hindus and church of Christians)
    Otherwise, please show me the place where there is no God exist."



    We are Little side track in the past while predicting the future (Sept VB) !!!





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  • what is diff between llc and s-corp and which one is good to start?

    The latest issue of the inc magazine has a good article on this topic... that way you will get unbiased non-debate information...





    Since attorney's office is filing my papers, will they buy the point of filing it IS SPITE OF, the USCIS issueing the statement Monday(JULY 2) morning ?





    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok. Unless the BS was a three year degree and you did not have the required experience.
    From USCIS perspective to qualify for EB2 you should be Masters or BS +5 experience.

    I think if this is true you have a good chance to fight this.





    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .

    Any one had this situation before ?

    Thanks
    -vinod



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