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Written By muthmmuuuaaanniish on Sunday, June 12, 2011 | 1:51 PM

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  • roseball
    09-15 06:15 PM
    You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.





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  • ras
    07-05 03:52 PM
    Guys,
    I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .

    When ?

    First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.

    How does this help ?

    First, it will help to meet State members face to face.

    We can invite distinguished people to our meeting to give a speech, so we get press coverage.

    We can decide our next steps.

    Basically we can do a lot.

    We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.

    Every one please share your thoughts as what we can do in this annual meet.

    I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:

    1st day for meeting at the state level chapters in respective states
    2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.





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  • chanduv23
    07-31 05:33 PM
    I personally think, contacting lawyer for tracking number is not breach of contract.

    Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...

    Then send some pleasant emails to lawyer office, call them. Copy your HR also.





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  • dtekkedil
    07-02 05:14 PM
    Hello Folks,

    We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!

    I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!

    This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

    So, if people are interested... let us start a send a flower a day campaign!

    Dilip



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  • srt57
    02-14 06:21 PM
    In the RIR system EB2 was MS + 3 and BS+5.

    If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole

    It isn't a loophole. That's how the PERM Jobzone/SVP system works.





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  • rta2009
    11-25 07:38 PM
    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.

    Dear peacocklover,

    Thank you for your helpful answers.
    I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).

    May I ask one question to clarify your answer?

    It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.

    So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?

    (My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).

    Many many thanks :)
    Have a wonderful Thanksgiving.



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  • fromnaija
    11-17 11:48 AM
    Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.

    The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.

    I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:

    This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.





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  • Ann Ruben
    07-12 02:24 PM
    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann



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  • sri1309
    05-05 01:02 PM
    I'm sure many more states will want this kind of law, and thats what pushes the CIR to the top of the files.





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  • chanduv23
    09-16 08:20 PM
    ^^^^^^^



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  • webm
    02-20 02:01 PM
    Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..


    HTH,





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  • rorypirrie
    03-19 02:15 AM
    Hi everyone, If you have a H1B visa in your passport valid until Sep. 30 of 2009, but had quit from your old job in Nov. 2008 and are currently out of USA. Is it still possible to transfer your H1B to another employer and return back to USA on the old visa?



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  • rbalaji5
    02-20 07:29 PM
    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...

    Is there any LUD for the filed I-485..If there is a LUD and no RFE, then I am surely go and get one from Indian embassy.





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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.



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  • natrajs
    09-03 10:09 PM
    My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend

    Let me know





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  • ajz3
    12-06 12:14 PM
    Filed for i140 on march 27th. Upgarded to premium processing on nov 15th. Today is dec 6th and nothing. The reason I filed for i140 thinking, if they have started this process and people are filing, that means the ones who are in regular are going to get pushed behind ever more. But I havent received any reply yet. Will let you'll know when something happens. I check my email atleast 20 times a day hopeing for a reply. GOOD LUCK :)



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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."





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  • Winner
    06-17 05:18 PM
    I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.

    I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?

    Welcome to IV.





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  • mchundi
    12-16 06:26 PM
    The numbers for 2005 were released in jan 06. They were discussed then in this forum.
    http://immigrationvoice.org/forum/showthread.php?t=78
    Please post the links when ever they release the numbers for the fiscal year 2006.





    dilbert_cal
    07-10 12:17 AM
    USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.

    Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.

    Thanks once again IndianIII for contributing to the forums.





    manishs7
    06-11 07:19 PM
    This is causing confusion.......



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