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  • Lasantha
    08-16 12:33 PM
    Australia is another option.

    http://www.immi.gov.au/




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  • Norristown
    04-13 02:12 PM
    I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
    Every time you go for H1 revalidation, you will be asked were you out of status any time.
    Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.




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  • perm2gc
    08-28 10:34 AM
    Guys i think we had enough discussion on it in the other thread..Admins can you please close the thread..

    Some members are making personal remaks and i hope that admins will take care of them...

    We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself




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  • LostInGCProcess
    09-18 04:25 PM
    If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?

    NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.



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  • indyanguy
    01-13 07:39 PM
    Do they send you a copy of the original?

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




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  • good idea
    09-13 07:59 PM
    Common guys we need to make some thing better for EB3 folks.
    I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...



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  • punjabi77
    08-06 12:12 PM
    In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.

    I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.




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  • GotFreedom?
    07-23 10:48 AM
    Thank you for all the responses.

    One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?

    How does one prove the legal status in the country?



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  • India_USA
    04-23 09:13 AM
    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
    USCIS says its happening......

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
    USCIS has not wasted visas in the past two years............

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
    I read somewhere about the memo being withdrawn for more review.............

    Finding a judge who will be favorable to our cause, priceless!!




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  • obviously
    12-04 08:15 PM
    Next time you fly into India, THANK the security folks for taking care of security day in and day out.

    After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.

    If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...

    Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)



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  • anil
    06-14 10:40 AM
    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • dollar500
    04-10 06:23 PM
    Moonlighting will be acceptable easily as long as it's on the code internist. Problem is some fellowships are so demanding that you wont be able to moonlight as an internist. If you can figure this out smoothly and yr employer agrees nothing is better. Good thought.


    HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.



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  • raysaikat
    04-22 01:36 AM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    Yes.

    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    Yes.

    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.

    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.

    b. Then what happens after May 2011?
    Unless you have some other VISA that would allow you to stay in the US, you need to leave US.

    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?

    You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.

    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.




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  • chris
    02-12 01:23 PM
    You are right. My finger prints are expired and called several times and took info pass.

    Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:


    Chris,

    My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"

    Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?

    Just my 2 cents.!

    Regards,
    -N



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  • letstalklc
    10-03 03:16 PM
    Your's is crossed 15 month stage, so you can ask your lawyer to enquire about it...

    Hope fully DOL will approve yours soon...

    Good luck




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  • poorslumdog
    09-04 12:47 PM
    did you pray for people who died in katrina? or for iraq war casualties?
    You missed the sarcasm...



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  • smarth
    02-01 09:42 AM
    congratulations...
    We r sill waiting for GC, no idea when I will give message "Received GC"...:-)




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  • sanjay02
    06-29 08:35 PM
    I guess the cases that are pre-adjucated are called for interview.




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  • nixstor
    08-23 11:01 AM
    pani_6,

    While I am with you on the outburst, I want to underscore that GC is not a panacea for all problems in life. C mon, There is more to life than GC. Yes, your Masters Degree will pay you in the long run. No need to worry about it. Keep the GC thing on the back burner and see what you can do meanwhile (PMP,GMAT etc..)




    surabhi
    04-08 05:24 AM
    This is serious and could affect quite a few.

    Summary: you could be affected if ALL of the folllowing is true

    1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
    2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
    3) your original employer has used your labor to subsititute some on else ( before July 16,2007)

    Remember you are affected even though you are the original beneficiary.

    How did this case happen?

    This happend because USCIS not following LIFO processing

    1. The original applicat applied labor in April 2001
    2. Labor approved in Jan 2002
    3. Original applicant applied I-140 in April 2002
    4. i-140 approved in July 2002
    5. Original applicant applies for I-485 in Dec 2002

    In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21

    Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140

    The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.

    So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)

    Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.

    I feel for the original applicant. She played by rules all along, but got screwed anyway

    Now you can see the chances of your case being caught in similar circumstrances

    1. You are EB3, India/China with PD around 2002/2003
    2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
    3. You left your original employer before July 2007
    4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
    5. that other person also filed for I-1485
    6. Now its a timebomb waiting to explode




    amsgc
    04-22 09:59 PM
    Indian companies like wipro, infosys discourage GC processes.

    If that is the case, then PDs should move forward once we are past FY2004.
    The question is, how many are there in FY2004?!!



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