Saturday, June 11, 2011

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  • shana04
    02-16 12:38 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    I would advice you to consult your attorney before you make this decision. Good luck




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  • prabasiodia
    08-07 08:55 AM
    Issued in public interest

    Ever since Department of State (DOS) has issued visa bulletins having significant progression of something, what is known as a priority date in certain categories, COLTS has made a comeback to the immigrant community.

    For the uninitiated, COLTS stands for Compulsive Obsessive LUD Tracking Syndrome. Surprisingly, it is somehow associated with DOS's monthly visa bulletin and often lags the bulletin by 15-20days after the issuance of the same. It's highly contagious. The only antidote to COLTS known to the humankind is CPO, Welcome or other such emails from USCIS. It doesn't go into full remission until a physical GC is to the sufferer's hands. COLTS as a epidemic generally subsides when DOS severely retrogresses what is known as a priority date but raises its ugly head when the same progresses again.

    The symptoms of COLTS is several. The sufferer is often seen logging to the USCIS.GOV site with increasing frequency and making status searches every few minutes. It raises the level of angst when the antidote (as explained earlier) is not received. Sometimes it proves to be a predecessor to other syndromes such as CUPOJMS (Calling USCIS by Prince Of Justice Method Syndrome) , OSRS (Opening Service Request Syndrome), TIAS (Taking Infopass Appointment Syndrome) and CYCS (Contact Your Congressman Syndrome). The good news is, the antidote can correct all these syndromes at once.

    Immigrants from ROW (Rest Of World) seem to be immune from it. But immigrants from highly subscribed countries such as India and China have been found to be particularly susceptible.

    The last time this epidemic was of such ghastly proportions was in 2008 and that time too, it was known to lag the DOS visa bulletin which had significantly progressed the priority dates. Since the connection between the bulletin and the syndrome has already been proved beyond doubt, it's very surprising that DOS has not learnt its lessons and instead of slowly progressing the dates which will desensitize the sufferers, it is still progressing or retrogressing the dates by months, sometime by years.

    Your truly has the fast hand experience of suffering from the syndrome. Being abused and victimized by the visa system in early immigranthood, he developed the syndrome with the issuance of August 2010 visa bulletin. Only after the antidote arrived on August 3rd, did he made a sound recovery and was able to pen this.

    The immigrant community is advised to keep it under check and wait till the antidote arrives from USCIS.




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  • ambals03
    04-29 04:18 PM
    Video - Opinion Journal: The Other Immigrants -- Stuart Anderson on high-skilled foreign workers. - WSJ.com (http://online.wsj.com/video/opinion-journal-the-other-immigrants/2DA1C016-C62B-4CE1-88FE-8F4502C9B9C8.html)




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  • msp1976
    05-19 04:34 PM
    Any thoughs folks???



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  • Prashanthi
    05-27 05:15 PM
    it only makes sense to avoid a labor cert if you file under one of the EB-1 categories as this is current, you can avoid the wait for the visa numbers which is substantial. The three categories under the first preference are: (I) Persons of Extraordinary Ability, (ii) Outstanding Professors and Researchers; and (iii) Multinationals Executives or Managers.
    You may qualify for the 1st or 2nd one depending on your achievements.




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  • Eb3_frustrated
    07-24 03:55 PM
    I dont mean to offend you but ability to file I-485 when the numbers have retrogressed is all it take to alleviate a majority of our problems, that is in the agenda and SKIL bill currently in house and approved by senate in CIR.

    So if SKIL bill gets passed we should be fine, but when is a big question ???



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  • reddymjm
    06-13 05:43 AM
    for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
    PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.




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  • amenon
    05-01 05:38 PM
    Hi,
    Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
    Thanks.

    Onto the issue:
    My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

    My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

    One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

    My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

    Thanks.



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  • pd_recapturing
    07-14 12:27 PM
    Can someone confirm the same for BA via London?




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  • logiclife
    11-16 01:44 PM
    Yes, the I94 that was attached to I797 H1 approval of your current employer(the latest H1) is the I-94 that you have to give to authorities when you go out of US to India.

    Some Airports, they collect that at the baggage check-in. Some airports, they collect the I-94 right outside the plane when you are boarding the plane and get your boarding pass scanned etc. But it is your responsibility to give them the correct I-94.

    About the docs required for stamping, I would talk to someone in the consulate (phone them or email them, emails are usually replied within 3-4 days). Copies are good, but original previous H1s, if required, should be with you. If you dont need originals then copies would be fine. I wouldnt rely on websites alone for such important queries. Visa stamping, if gone wrong, could get your stuck for months.

    Ask your previous employers for those. Now that you have left, they should give you those as they dont have any use of them anyways. If they dont, then you can get them from the lawyer's offices. If they dont either, then you can get copies from USCIS(FOIA), though I am not sure how FOIA would work and how long would that take.



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  • va_labor2002
    06-16 01:45 PM
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?


    If everybody can send a letter/FAX same day,they will definitely hear us and listen to the issue. Can we do that ?

    Any comments from Core team ?




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  • sbmallik
    06-12 03:30 PM
    Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.



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  • EndlessWait
    06-29 12:07 PM
    what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions


    dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..




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  • waitnwatch
    05-25 06:45 PM
    Does anybody have actual TEXT from Managers Amendment from Thomas?

    Not available there...yet!



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  • Irs
    02-10 01:17 PM
    If there is a change of work location (address), amendment to the existing LCA or new LCA should be filed/certified for the new work location/address. No Exceptions.

    I went through this last year as one of my work location moved about 5 miles from one of my previous location. Our company lawyer mentioned that if there is a change of work location address on what was mentioned on your previous certified LCA, amendment to the existing LCA or new LCA should be filed/certified. As the LCA is for specific work location(address) that is entered in detail when LCA is submitted.




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  • harikris
    05-20 08:09 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.



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  • aubGC
    03-19 09:24 AM
    I think, you need 3 latest paystubs for your H1B transfer to another employer..
    Please check with attorney for confirmation...Good Luck to you




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  • check_name
    07-26 07:05 PM
    wow, thanks a lot for the reply!
    I will come back often to update and do my share of contribution.
    seriously, I feel the green card process is getting worse and worse.
    my friends told me that things were not that bad prior to 2002.
    starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.

    Green card is like a rope on the neck.




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  • punjabi
    07-27 02:10 PM
    Thanks for sharing!




    go_guy123
    07-14 12:49 PM
    I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?

    Only US citizens can apply for parenst . There is no quota for it and so no backlog. July the processing delay which si not much.

    Actually instead sibling (F4) it is faster for
    USC to parent getting GC followed by GC parents to unmarried children or GC parent to USC and then to other married children.




    Flash-Matic
    10-28 10:38 PM
    How much do you expect the "earnings" to be?

    Dono depends how good we are togather and what we are doing but id like a decent amount



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