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Tuesday, June 7, 2011

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  • eb3_nepa
    04-30 10:17 AM
    This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

    Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

    The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?


    Excellent points!

    Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?





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  • Munna Bhai
    01-18 12:51 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)

    yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.





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  • neoklaus
    11-01 01:44 PM
    EB3(ROW)

    NSC ( I 485, EAD, AP)
    Receipt: Aug.16
    RN: Oct.1

    FP(notice): Oct.22
    FP: Nov.9

    EAD: me+child:Oct.24
    wife- not yet

    AP: nothing





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  • n4nature
    02-05 01:25 PM
    Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.

    Thanks for this answer!!!



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  • gcForV
    07-13 12:35 PM
    Do not start new thread to respond back or add to what gc_hoga_re has said. His post was offensive to members and detrimental to the organization.

    That thread is now closed and gc_hoga_re has been banned.

    To those who dont like censorship and moderation of forums:

    Immigration Voice neither promises nor practices "Free speech" and "First amendment rights" claimed by members who dont like moderation and censorship.

    We are an organization for Greencard backlogs advocacy, not civil rights like First amendment rights and free speech. In order to worship civil rights like free speech and first amendment rights, please join the ACLU (www.aclu.org).

    Also, Immigration Voice is in its full rights to censor its own site as the site is owned by organization and it is not a public property. Your first amendment rights to "Say whatever you feel like" are guaranteed by the constitution to protect you from congress passing laws that can take away those rights. The constitutional rights dont guarantee you the right to say whatever you want on other citizen's/organization's property/website/domain. So please do not come back to preach the US constitution to the core group. There are thousands of blogs, sites and discussion forums that practice much higher level of censorship. The only way to guarantee the retention of online material is to start your own website and we encourage members who find Immigration Voice as a "Restrictive" or "Non Democratic" website to do that.

    Immigration Voice will ban users, ban posts, delete posts, close threads and remove material that is detrimental to the organization.

    Also, gc_hoga_re has been banned for posting offensive material.
    Wow Wow Wow.
    Watch out..Before typing think.
    You are the Administrator of the site!!!
    I do understand the wild posts though





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  • GreenCard4US
    08-21 02:22 PM
    Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.



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  • setpit_gc
    06-06 11:26 AM
    Both Attorney and you will get the RFE letter. I also got the RFE letter.





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  • milind70
    07-26 09:39 AM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?

    Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
    But if your employer instructs the attorney he can share the copies of the same with you.



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  • santosh08872
    02-24 07:30 AM
    Hi,
    I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.

    Do you people see any problem revoking the H1 at this stage?

    Thanks
    Santosh





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  • franklin
    03-23 01:51 PM
    I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

    Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


    Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

    I'll post to the yahoo group shortly.
    Here're the details on NC_Immigration_Voice:
    Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
    Group email address: NC_Immigration_Voice@yahoogroups.com

    It is our time to seize the reigns and kick start some momentum



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  • god_bless_you
    04-23 10:40 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)





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  • boreal
    02-08 12:38 PM
    In a move that could ruffle a few feathers in the Barack Obama administration, American entertainment giant Warner Bros has said it will be outsourcing jobs to India.



    I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!

    This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.



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  • ajava
    11-29 07:58 PM
    Hey guys,

    My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

    The decision was that both mine and my wife's I-485's are reopened.

    But its been almost 3 months and online status on USCIS website has not changed yet......

    Does anyone noticed the same situtation with their MTR approval and no online status change?

    - Prince

    Hi Prince,
    Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
    I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
    Thanks,





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  • sgurram
    04-30 12:49 AM
    mine reached on the 27th. I had last update on 27th and 28th



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  • SL%%
    03-02 01:00 AM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    c) Can we include the dates for some one is physically not present in US
    d) What supporting documents are needed to prove that some one was not present in US?


    Thanks
    Senthil


    a.) true, like me
    b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
    c & d.) I don't understand this, are you out of US?



    Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?


    H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.

    IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.

    The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.





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  • redddiv
    07-10 06:44 AM
    Sent on July 6th. Reached on July 9



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  • sathweb
    02-04 01:02 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.

    My I-140 got approved after my local Senator called them.





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  • reddymjm
    12-10 10:16 PM
    What year?..........2011 for EB2I and 2021 for EB3I. :(

    For EB3 is no diffrence my friend, Decembere is = July, same movement.

    Good one Buddy. To see some movement better than days movement July 2011 should be good.





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  • iyera
    03-26 07:47 PM
    Hi, I want to go from h1 to h4 to h1 all within 1 year, plus I have a US Master's degree . Please let me know if this is possible without falling under the H1B cap.

    I appreciate your help. Thanks.

    IndiaXYZ,
    Hi! I am contemplating doing something similar and have read on multiple forums that it won't be subject to the cap if you have been counted once in the past 6 years. Do you/anyone happen to know the aprroximate processing time for an H1B-H4 change of status application? Thanks in advance.





    LOL123
    09-05 10:24 AM
    The applications that were sent between July 2 and July 17 have been transferred to other service centers. the applications reached during this time period is taking a little longer to process.





    Dhundhun
    04-24 12:31 PM
    Hey god_bless_you,

    God gave me a RED DOT.

    Anyway, congrats again.

    Enjoy.