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  • One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.

    Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.

    This is indeed an acid test for small employers.

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  • I hope your situation straightens out soon. I personally would go the info pass way with all documents and try to persuade them to reinstate the case.
    Please report this lawyer to the bar association. Although I am not a big fan of litigation, this guy really deserves to be punished so he is more careful with the other cases he has. He probably has no idea what stress his silly mistake has caused you. I bet this asshole hasnt even acknowledged his mistake or expressed regret.

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  • Hi

    Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
    I am on H1B visa.

    I would appreciate if someone could give any sort of information related to calling for a home visit.


    how about filling your profile first.????

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  • It's one up in Gloucestershire... I used to visit it a lot when I went on holiday with my parents when I was young. Can't remember the name of it though.

    Was always mad about castles. Loved the whole medieval thing.

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  • All the July 2007 filers who are waiting for FP notice and did not open SR, please sign up here.

    It helps us to know how many poeple are waiting for FP notices optimistically
    without filing a Service Request.

    Ours (mine & my wife's) is a july 6th filing. Waiting for FP notices.
    Did not file any Service Request.

    Please post your replies irrespective of the 'Service Center' your case has been sent to.

    Your responses will be appreciated.

    Thank you.

    Till now Contributed $150. Signed up for $50/month recurring contribution.

    PD: March 2004 (EB3 - India)
    I-140 approved: Feb 2006 (NSC)
    I-485/EAD/AP applied: July 6th, 2007 (NSC)
    Receipts received: 09/12/2007
    EAD & AP received: Sept 14, 2007
    FP : ?

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  • Buddy if you are looking for some sympathy for your situation....none from me. Dont blame me for my unnecessary post...I will not blame you for the unnecessary thread. We will call it even :). Just relax my friend.

    Sharing my bookmark with you...may help with your situation.


    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

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  • And who is India fighting with??
    Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
    Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
    296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....

    Please tell us what cool-aid you are drinking..

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  • Pederson Immigration Law Group, P.C. - December 2010 Visa Bulletin Sneak Preview! (http://www.usvisainfo.com/content/view/192/31/)

    What does this mean???

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  • If true this would REALLY benefit a lot of spouses especially someone like our core member Shilpa.

    I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs

    Is this a new "law"? I thought USCIS cannot pass "laws" on its own. Or this simply an intepretation of an existing legal procedure ---- which I understand USCIS is allowed to do on its own?

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  • Does that means that the existing backlog will be cleared fast?

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    Any comments or thoughts on this is highly appreciated.


    __________________________________________________ ______________
    India - EB3 - Priority Date 07/16/2001

    I-140 Applied 07/30/2004 - RFE (Labor Substitue) - 06/27/2005 Replied 10/19/2005 Approved 11/02/2005
    I-485 Applied 12/01/2004 - FP done on 1/8/2005 - Approval ??
    1st EAD - Applied 12/01/2004 - RFE (Color photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
    1st AP - Applied 12/01/2004 - RFE (Color Photo Myself & Daughter) - 2/7/05 Replied 2/18/05 Approved 03/02/05
    2nd EAD - Applied 11/02/2005 - Approved 12/02/2005
    2nd AP - Applied 11/02/2005 - Approved 12/20/2005

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  • You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.

    I agree. You should contact the office of the district attorney and ask for help prosecuting your employer for financial fraud. Also change your job immediately to avoid any further trouble.

    By law your employer can not fire you for being a whistleblower but since he is an unethical moron, he can stoop to any level

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  • Attorney fees also increase in proportion to the USCIS Fees increase.
    If you have noticed, the Attorney fees are relative to the form that they are working on. Historicaly, attorney's have increased the fees everytime there is an USCIS Increase.

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  • "in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"

    Well, in that case you become a ulta employee and trouble your employer...

    NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hands who would trouble for so many other different reasons and this could be one way....or not sure if you should have one small experience and see how you feel just for the heck of it....

    I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..try to improve your thought process if you can....

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  • My online status shows

    On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

    Is it just out of curiosity you inquired about your pending 485?

    Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your I-140...in any case that should not matter as long as you have passed the 6 months period after applying I-485.

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  • Mallu, I think the opposite would be the case.

    Right now the PD is kept at an artificially low range, since neither the USCIS nor the DOS has a clue about how many GCs they are processing. So for the last several years, they were ultimately issuing only around 80,000 GCs even though the quota is 140,000 + 80,000 (from family quota). A wastage of around 140,000 visas per year.

    If USCIS can approve a GC after waiting for 120 days (with our with out a response from the FBI), then the GC approval would become much more predictable. Then the PD cut off will be much more realistic, resulting in a much lower wastage of visa numbers.

    The end result, the PD would move upward quickly.

    If this turns out true, that will be great !!!
    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.

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  • Just Thought

    There is 200k application without 140 approval, this is including july filers.

    there is lot of chnace for those who got their I-140 approved, even their PD '2006.

    you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.

    I think EB2-jan2007 and EB3-Aprl2005 in October VB

    - satish

    That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.

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  • Check http://anti-antis.blogspot.com/2009/07/conference-call-to-teach-antis-how-to.html
    Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm

    How to Post for Maximum Impact
    Conference Call tomorrow night, 7:15pm Central

    Labor Day marks the beginning of national discussions on the corporate visa programs that allow companies to legally bypass the US workforce. Most tech workers see this bypass and confront this bypass when they are looking for jobs. But most recent college grads will never see or confront this issue because they will never be considered for jobs their degrees qualify them to do.

    This is the power of employment discrimination. This issue will be part of a national conversation on comprehensive immigration reform if we tell the truth about our own circumstances.

    Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."

    Scheduled Conference Date: Tuesday, July 21, 2009
    Scheduled Start Time: 07:15 PM Central Daylight Time
    Scheduled End Time: 07:55 PM Central Daylight Time

    Type of Conference: Standard
    Dial-in Number: 1-219-509-8111
    Participant Access Code: 798504

    NO, just dial in at 7:15pm Central

    Text of Email Sent Last Week:

    This culture of exploitation among IT labor contractors could not occur without the legal protections to bypass the US workforce. This is why the corporations are fighting hard to defend this protection and defeat the Durbin bill (S. 887).

    Readers may not make the connection between this corporate malfeasance and the bypass of qualifed citizens and green card holders - but your posts can. Make sure your posts mention the Durbin bill (S.887).

    Here's some talking points on corporate protections affored by visa programs:

    * The H-1b corporate visa program is responsible for these crimes because it protects corporations from ever considering local talent and opening the door to this culture of exploitation. Passing the Durbin bill will end this culutre of exploitation.
    * Protectionist measures in the current corporate visa programs are poisoning the IT industry - no corporation should be protected from the consequences of discriminatory hiring practices.
    * American labor laws and EEO have had a powerful impact on American society. These visa programs protect corporations from employing a workforce that knows their rights and can exercise them. That's why corporations don't want the Durbin bill (S. 887) to pass.
    * Far from protecting the US workforce, the Durbin bill (S.887) will give us a chance to compete for job openings in our own country, thus preventing these corporate crimes.
    * It's the responsibilty of the federal government to ensure that we have the freedom to compete- and we will get this freedom to compete when S.887 passes.
    * If these companies were required to seek local talent first, these shakedowns would virtually disappear.
    * The discriminatory practice of recruiting abroad for US job openings now breeds a form of exploitation unimaginable to 21st century Americans. These cheats could never swindle Americans this way.

    Our posts promoting the Durbin bill will be watched -- and measured -- by Congressional supporters of the Durbin bill and all of the players who will be at the table when this issue comes up in the fall.

    Your posts supporting the bill and defending American labor and talent will let all the players know that American IT professionals are standing up for what they want and shaping the circumstances of our lives.

    Donna Conroy

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  • I joined IV today and sent faxes 9 & 10.

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  • Sandy ,Simply Insane man , write a letter to white house and try to get some attention.This is completely ridiculous and definetley we need to do some thing .. I dont know what is left in this country , And they care more about illegal immigrants ..stupid tv news and news readers , hope one day they realise about legal immigration when we all are eligible to vote in this country

    We have added you to the queue. We will look for the sponsor and get back you asap. Can you go ahead change your profile setting with "yes" option for the rally poll?



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