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  • priti8888
    10-05 11:56 AM
    How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.

    Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.

    In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.




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  • waiting4ever
    01-05 04:45 PM
    This is a good effort towards solving the retrogression issue. Like many silent readers, I do have concern about contributing to a new organization.

    Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.

    Thanks!




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  • gc_on_demand
    06-12 09:55 AM
    Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
    You should find another job asap.
    If you cannot, then leave the country. If you overstay you will be illegal.

    And if you are an anti-immigrant posting on this site to provoke people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop coming to this site and try to malign law abiding people. Got it.

    If there is a counter american available for your job then you shoul leave that company and find another job if you cannot find then leave counrty. Bset of luck in your job search.




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  • srikanthmavurapu
    08-16 02:35 PM
    Hi Hebron,
    I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
    Thanks,
    Srikanth



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  • engineer
    10-02 11:48 AM
    Can one apply for Social Security # after getting EAD card ?




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  • snathan
    08-18 06:39 PM
    Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.

    At least don't wish them bad luck....

    This is stupid. I am not wishing good luck or bad luck to anyone. We are trying to explain the rule and its consequences. Its up to them to take it or not. Moreover I am not a fan of people who applied H1 through some desi consulting (most of them with fake experience), sitting on bench without any project and put everyone in the bad light, giving ammo to the antis. Do you know how many house wives put eight-ten years fake experience when they dont even know the difference between USB port or ether net port. Its not a mistake...its called greed. Well I am not here to fight with you...but thats the fact.



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  • krishgreen
    06-01 04:43 PM
    Hi All,

    I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.

    Here is the complete process that I have followed from start to End:

    * I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.

    * Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
    * Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
    * On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.

    **** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****

    *Then he will drop you at US Consulate and stay outside until you pass the security line.

    * After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
    * After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
    *After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.

    At the Visa Interview counter:

    Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.

    VO: Why did you change the company from your Old to New.
    ME: Explained the situations.
    VO: Do you directly work for the client of your Current Company.
    ME: No, I work for a client of another Vendor.
    VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
    ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
    VO: How do we trust that you are really working for the Client.
    ME: I pulled out my client letter and Photo ID Card and gave it to VO.
    VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
    VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
    ME: Handed over all the W2's and Payslips.
    VO: Can I see your bank statements for last 3 months.
    ME: Gave my bank statements.
    VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
    ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
    VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
    ME : No.
    VO: What is your job description.
    ME: Explained.
    VO: Is your greencard petition filed.
    ME: Yes.
    VO: Can I see your Approved labot and I-140.
    ME: I have approved labor, but, not approved I-140.
    VO: You are supposed to carry all the documents.
    ME: Blank face
    VO: Okay, your Visa is approved.
    ME: Thank you :-)

    NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.

    We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.

    Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.

    Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.

    Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.

    After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.

    If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).

    If anybody have any questions, please let me know.

    Good luck.




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  • sanjeev_2004
    10-02 09:54 AM
    Me-:(
    I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!

    Are you also waiting for 140 approval ?

    I think h my filing (or was it receipt date) was oct 24, 2006.

    Hi,
    what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online

    Thanks.



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  • amsgc
    04-07 08:49 PM
    The non-profit organizations that meet the following criteria are cap exempt:

    1. A nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)

    2. A nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)

    Now read page : 54 of the following link for (2):

    http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/pdf/8cfr214.2.pdf

    Please share your understanding.
    I have questions about working for a nonprofit that is not a research organization.




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  • jonty_11
    01-15 02:25 PM
    els.edu guys are very slow is responding....
    Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
    http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4



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  • puskeygadha
    05-22 11:33 AM
    My question was

    how long after the comment period the rule will be implemented from
    past experience




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  • roseball
    10-07 06:30 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

    The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.



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  • rockstart
    01-09 11:53 AM
    As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.




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  • Honda
    09-08 11:40 PM
    Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.

    Congrats...



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  • GotGC??
    01-02 03:30 PM
    Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.

    But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.

    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..




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  • sriramkalyan
    05-18 11:28 AM
    I am scared to death .. I have EAD ...hELP .. cAN I WORK FOR 2 COMPANIES.
    Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.

    Looosers



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  • bijualex29
    08-14 02:54 PM
    This is purley an example of Mailroom confusion.

    You may be able to resend it clearly explaining the Mail room error.

    It is best to avoid this kind of confusion. This Mail room people are not trained well to calculate or think like you and me are thinking.

    You might have seen the cashier at walmart. If you buy worth of 20$ and you give 50$. They need calculator to figure it our how much to return.




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  • BPforGC
    08-11 05:44 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.




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  • gsc999
    01-24 11:06 PM
    Hello Nor. Cal,

    If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.

    A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.

    Please stand up for your rights. Don't take this campaign for granted.




    flipflop
    12-03 04:23 PM
    there are lot of threads abt this topic. search it.

    read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.

    How about a case where AP renewal is pending and previously approved AP has not expired?

    Can you go out of US and come back before previous AP expires?

    What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?

    Thanks and appreciate any replies.




    optimystic
    04-21 03:07 PM
    One of my colleagues with RD July 27th at NSC got his approval last monday. He is EB2 - I. And the processing dates at NSC is not current for him either.

    My RD is July 30th at NSC !! Hoping for good news soon !



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