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  • kirupa
    01-02 08:42 PM
    Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

    :)





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  • morchu
    04-23 03:04 AM
    Focus on your goal. Emotions may not take you there.

    If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

    It is your choice. And yes you can file legal case against law firm. But then what?

    Hello All,
    My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
    Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?

    Thank you
    Ravi





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  • apt29
    10-22 03:31 PM
    Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
    Thx





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  • sundarpn
    07-20 08:13 AM
    thx GC_ASP.

    One clarification on question:

    3. Can I file my spouses 485 whenever the dates become current (I meant despite myself working for a new employer on H1b.). Will dependent 485 filing need support from ex-employer?



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  • santb1975
    09-30 09:59 PM
    I got back after my weekend. I will look at the Yahoo groups





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  • prom2
    07-22 12:02 AM
    New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655

    I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010



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  • WaitingForMyGC
    04-30 10:40 AM
    You are there for a long wait..mine was filed in dec and still pending.





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  • EkAurAaya
    05-24 12:42 PM
    http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms

    Great immigration debate has Indians steamed up
    24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK


    WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.

    Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
    for the skilled immigrants lobby say.

    Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.

    "What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)

    According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.

    A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.

    Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.

    Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.

    Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.

    Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.

    To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.

    Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.

    So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.

    According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.

    If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.

    "Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"



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  • MeraNaamJoker
    09-17 10:32 AM
    Thank you for your responses.
    My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
    Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
    I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.

    In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.

    My question is are there any risks in my 485 in this context?
    Should I be moving to company-A to reduce any risk?

    Would appreciate your responses in this.

    Again the issue here will revert to the topic of SHAM EMPLOYMENT.

    Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.

    Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.





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  • kanakabyraju
    08-31 01:34 PM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

    Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.

    kanaka



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  • aadimanav
    12-20 06:33 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!





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  • needGCcool
    09-03 10:46 PM
    My PD is current - Going for consular processing a good idea?

    i dont know how much u...but changing the option is not like picking a different item from menu..............this requires a lot more documesnts + time..........



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  • chil3
    08-24 12:40 PM
    yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

    I work for University since 2002 with very straightforward case hence suprised

    ok..here is part 2.

    Employer was able to speak to USICIS officer. He asked

    whethere

    1) I was contractor
    2) from when I was employed
    3) Work timings
    4) exact office Location

    my supervisor asked why all these questions about location and timing they said they will do a site visit

    I feel if my app can trigger this than any other app could...

    The USICs is just getting crazy with all the bueracacy crap

    USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification





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  • wandmaker
    08-23 05:27 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

    BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.



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  • ajp5
    11-02 12:31 AM
    Talk to your company Liar (lawyer) first. My non-legal advise is

    1. Ask lawyer to request more time for the RFE
    2. If thats not possible - send what you can. eg W2 , paystubs etc etc. Try to get the client letter from your employer. If you get it in next 10 days, additional evidence is always welcome by USCIS I guess.

    You cannot threaten your employer for something like this. Talk to them & resolve this with the help of your manager.....You have 1 last day ie Monday before last Fedex dropoff time.....reset your stopwatch.......maybe make a movie out of it and post it on youtube:)





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  • rajutata
    08-25 09:23 AM
    You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa



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  • h1b_forever
    10-01 12:09 PM
    I am the primary applicant.
    But AP seems to be going the other way. I got my approval. My wife hasnt yet.





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  • h1-b forever
    04-23 10:18 AM
    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

    Finally USCIS is acting with some sense in them. They did not think through when they were complying with Sen. Grassley. Their minds were so concentrated in getting the IT industry that they did not realize the back lash will come from all H1Bs, from all sectors including doctors and nurses; and most importantly these people do not have any clue of the present day business models, so they got hammered by businesses too, plus AILA took it on its legality.





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  • vin13
    01-03 09:29 AM
    Here is my 2 cents

    You need to consider school and Green Card as separate issues.

    The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.

    Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.





    Googler
    07-20 12:53 AM
    But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.


    Man, these forums are getting chaotic -- we need a reorganization so that duplicative threads are avoided. Namecheck probably needs its own subforum.

    I didn't want to re-post what I said in the name check sticky thread, so here is a link http://immigrationvoice.org/forum/showpost.php?p=126248&postcount=351.

    As for the argument that the name check process enhances national security that is not really true.

    (a) how is national security enhanced by having someone sit around renewing their EAD hanging out in the country year after year -- they should really be hurrying if they are so worried about the risk we pose.

    (b) there is considerable internal debate about the usefulness of the "reference file" part of the check; the part that causes these huge delays. Read the name check section of the Ombudsmans 2007 report.

    (c) if national security is being preserved by this process why isn't it fully funded through appropriations?? Surely catching a terrorist is worth more than the $2 per application that USCIS pays FBI.

    (d) if national security is being preserved by this process, then why is FBI complaining (see recent press reports) that only 30 analysts are available for this reference file part of the analysis?

    (e) Sec. Chertoff is always yammering on about "risk based" national security policy -- the FBI namecheck process is the opposite of risk based policy. See Ombudsman's 2007 report again.

    Also note that 8 USC 1571 (http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001571----000-.html) states very clearly that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application". Congress did not intend that the process should stretch on for years upon years. 8 USC 1571 was not stricken after the new name check guidelines were put into place.

    These are all points that we have to hammer on -- to the press, to congress to absolutely everyone who says hi to us.

    This should be a campaign as large as the one for the visa bulletin fiasco because the effect of the FBI Name Check is as devastating if not more devastating than the visa bulletin fiasco.

    All these years we had no choice but to believe the BS that was trotted out by FBI (google Cannon, Garrity testimony) about how most records were done by the time you made your morning coffee, what are you thowing a tantrum about my lovely etc. I really sat up when I read the 2007 Ombudsmans report which finally provided data to support what so many people had been complaining about for years. Now no one can deny that the scale of the problem is unpardonably large.





    chanduv23
    07-15 06:47 AM
    They do seem to have influenced their politicians. But major impact is from people like Ron Hira, Lou Dobbs etc... these are propoganda specialists. They preach hatred among skilled immigrants and wrongfully inculcate hatred in minds of people.

    Offcourse Roy Beck and his organization also does the same think.

    SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...



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