Friday, June 10, 2011

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  • rb_248
    05-11 08:43 AM
    Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

    When I was on EAD, I called my status as "ADJUSTEE". That is not a valid status either. If you are applying for a brokerage account, you may call them to find out. But, they may ask you to fill other foreign national forms and all. I had the same problem when I was trying to open a brokerage account with TD. So, I went with Zecco.




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  • Ramba
    09-16 01:20 PM
    The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.




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  • punjabi
    10-19 05:51 PM
    This is understandable.

    I do wish that you donate $500, before 2012. :)

    Thanks to all who decides to chip in.

    garybanz:
    You are right. We need contributions in present time. There is no attempt to discourage people from contributing now. Instead, just another way to celebrate the green day with a sense of gratitude.


    I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.




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  • questions
    06-06 02:02 AM
    Hi Bhatt,

    thank you! :)
    I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
    I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
    Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?



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  • Outkastpb231
    11-02 03:51 PM
    Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
    No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.




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  • myan88
    03-30 11:08 AM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.

    Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.

    But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.

    I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.



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  • thokar
    08-18 08:18 PM
    Kris,

    Well, I did not expect that an Immigration attorney was asking for such letter from previous employer. But I think she might want me to aware a dark whole down the line.
    I kept my fingers cross .............

    I have disclosed all the information to attorney as I was paying bill. And I felt it would be good disclose at attorney and Dr (Old Indian saying).

    SK,
    Yes, Labor substitutions had stopped from Aug 2007 onwards. I mean those were allowed till July 2007 and before. Since I substituted before Aug2007 so that has been acepted by USCIS and processed my case.

    Thanks...




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  • solaris27
    08-15 09:50 AM
    in which reagion u belong ..



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  • rdehar
    08-26 12:44 PM
    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.
    If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.

    H1 transfers are really tricky nowadays -- there is a big risk.

    Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.




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  • pd_recapturing
    06-21 02:29 PM
    Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?



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  • cc123
    10-04 04:31 PM
    From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?




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  • Sachin_Stock
    09-21 01:58 PM
    New 485 is not recommended as you have to undergo all the hassles of fingerprinting, medical, background blah blah blah....Specially if your Eb-2 date is current and your case already being pre-adjudicated, interfiling is very much a common sense.



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  • ampudhukode
    03-24 07:01 PM
    gcwait,

    This was his first job after graduation and has remained there since, so there is only one co to show experience from.

    I guess I will ask him to get something addressed for some other purpose like Tom suggested.

    ampudhukode

    Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

    The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.




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  • conchshell
    07-28 10:55 AM
    For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)


    Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.



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  • bp333
    11-26 09:21 AM
    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now

    We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).




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  • chanduv23
    07-09 07:24 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????



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  • JunRN
    12-18 07:39 AM
    Here's what I think: Your lawyer changed address, is that right?




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  • questions
    06-10 03:29 PM
    Kothuri you are most helpful. I agree and think I will benefit from filing one, but am concerned about the cost involved doing so.
    I currently cannot rely on my former employers lawyer and will have to pay for this myself.

    Can you give me an indication on the total amount of hours spend by your lawyer/total cost for doing this on your behalf?




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  • ramus
    09-07 09:22 AM
    Please take a part in DC rally...

    Time to wake up..




    bp333
    11-26 09:21 AM
    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now

    We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).




    amitjoey
    01-04 04:10 PM
    I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
    Hopefully all these new memebers will be active participants and donors.

    Thanks for your quote, just the same thought on my mind.



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