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  • aj2000
    07-10 01:46 PM
    July 2010.





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  • thomachan72
    03-01 07:28 AM
    Very interesting. I thought affidavit from the mother or father along with a letter of non-availibility of birth certificate should be Ok.
    Ofcourse the non-availibility is usally given in a piece of paper and not any official letter head. There might / might not even be an official seal in many cases.
    Would be interesting to see what others think about your issue.





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  • checklaw
    05-01 03:44 PM
    This happened with me too yesterday and I wondered why it happened. I did get an alert message asking for this 'Trojan Horse ' to be put in vault'. It happened exactly while I opened this link and went to this site. Someone should send email to the owner of this blog to alert him.

    My computer crashed several times after that and I had to reinstall OS to get rid of this virus. I am now in the process of installing all softwares again. All my strong anti-virus defense systems failed to stop this virus.



    I got identical symptoms yesterday.. Have Mcafee..but after clean-up and rebooting my laptop won't come up..

    Only reason am even writing is from my guilt of getting upset and blaming my young daughter who used the laptop just after I checked IV site. Other than getting the laptop back and make amends with my daughter have to see impact of data loss.
    Hope this really does not happen again...





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  • optimystic
    02-15 09:01 PM
    Ok, so my PD got current (EB3 India). What next?

    1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?

    2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
    (Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )

    3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.

    4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?

    --- Receipt date of I-485 application OR
    --- Date when the application is opened for adjudication following the PD becoming current for that person OR
    --- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?

    5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....

    6)Should I be watching out for any LUDs this month or don't even bother until March


    I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc

    Thanks in advance.



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  • ingegarcia
    05-24 03:17 PM
    Done, sent from NH, keep your hard work IV.





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  • immi_twinges
    07-20 09:51 AM
    Its not over yett.
    Lets get some media attention on how the GCs are wasted and how we suffer for years.
    Let the public know how much injustice the people from backlogged countries are facing..

    We don't contribute less. We work no less than others ..but yet we are discriminated.

    I wonder why they don't have 7% cap on H1B . And all this stupid media says people from ...... are stealing jobs and ....... overstay:mad:



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  • sanjeev_2004
    08-27 10:44 AM
    Cool down dude, I can understand OPs frustrations, I am in same boat and see similar cases around, not that ead or ap is anything great, just that someone who applied before feels rejected seeing TSC giving out eads like cookies:)

    When baby cries mom gives milk cup or some time slap. But they like each other. So nothing to cool down here. You need to face argument.

    Even receipt is also not some thing great but for you question should be what is more critical at this time getting receipt or getting ead.

    I guess every one can wait for EAD but every one need receipt first.





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  • Sheetal81
    08-23 04:58 PM
    Thanks everyone for the replies and Texcan I am sorry , I am new here so didnt know much about starting a new thread..



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  • 485_spouse
    09-25 09:51 AM
    What is the normal time frame for receiving AP papers?
    My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
    Are they sent to applicants home or attorney's office?

    Thanks in advance.
    485_spouse





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  • greencardfever
    02-17 07:43 PM
    Thanks for your reply. My main question is, if I do the H1B transfer (to a company other than the one that filed my labor, 140, 485), who has to submit the application for my spouse's 485 (when the priority date becomes current), my new employer or the old one that originally filed my 485?

    Thanks.



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  • nixstor
    02-17 04:04 PM
    I am not sure whether the thread digressed away from the original discussion on how to get the copy of the labor cert.

    If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.

    DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.





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  • breddy2000
    02-02 01:09 PM
    Hi breddy2000:

    Thanks for your reply and was RFE similar to mine?

    Here is content of RFE:

    Exact RFE text is:

    1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:

    A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.

    B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.

    C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.

    Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:

    a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;

    b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
    Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.

    c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;

    d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;

    e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);

    f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).

    g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.



    Thanks


    I got RFE on this

    B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.

    Evidences I provided
    ================
    b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
    Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.

    Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
    Pls go through a competent attorney to make sure you respond appropriately....



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  • desi3933
    03-02 03:24 PM
    Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).

    Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
    Check this link
    NAFTA • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • Devils_Advocate
    03-16 03:04 PM
    http://imminfo.com/Newsletter/2009-3/2009-03.html

    Please ignore if previously posted.

    Interesting info, thanks for the post!



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  • hoolahoous
    03-01 12:43 AM
    though I agree there is no grace period however practically USCIS has not been rigid about the dates. MOST of the employers do not inform USCIS about firing of H1b. During dot com bust, USCIS has 'unofficially' said that 15-20 days are good enough (again not as a policy decision but informally). It should be avoided, however it may not be always possible, and having few days gap should not be something on which you make life or death decision.





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  • gc03
    01-25 07:59 AM
    It does not do any good. In my opinion.



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  • LostInGCProcess
    09-16 05:05 PM
    This waiver seems to be for Citizens and Green card holders right?

    I have applied for 485 is this waiver applicable to me. Any thoughts?

    tv25, please talk to a good Attorney. You know very well what your case is about...and its a good idea to talk to an attorney and get everything sorted out.





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  • anilsal
    12-14 09:28 AM
    Please reply to this post and make yourself known.





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  • HV000
    04-03 09:10 PM
    again from the same Murthy article:
    http://www.murthy.com/news/n_porret.html

    When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.

    Got it. I hope this stupidity doesn't happen!! Can this country's immigration laws get more convoluted???





    Green.Tech
    04-03 10:34 AM
    Excellent idea and initiative, pappu.





    andy garcia
    01-22 02:33 PM
    nixstor;

    In this link How Do I Use the Premium Processing Service?
    (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) there is the following information:

    In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.