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  • waitin_toolong
    11-06 08:29 AM
    hey no one checks if you really need it or not, maybe request one for MIL or whoever is more feeble. It always helps the first time. Getting in and out of planes and getting to right place at right time. (you are not charged anything for service, though some tip is always appreciated).


    You and spouse will also have an easier time from the time they board to the time you meet them.





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  • raysaikat
    01-23 12:13 AM
    Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?

    Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.

    Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!





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  • franklin
    10-11 11:54 PM
    The September rally was a disaster!!!! We were promised CIR reform in the beginining of this year. Even after a rally, what has been achieved? Nothing!

    I am sorry for sounding pessimistic, but despite all attempts we have been successful. Is this because of our cause getting mixed up with illegal immigration? Is it due to inaction on part of lawmakers? Is it due to ineffective lobbying by IV? Or is there a need to change the IV strategy and leadership?

    What is the cause, people?

    With all due respect, why on earth do you think this type of outburst is productive?

    Were you involved in the rally? No.

    Are you active in your state chapter?

    What makes you think you are qualified to make this kind of outburst? Unless, of course, your aim was to be thoroughly disrespectful to dedicated people working for no thanks to make your life better.





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  • go_guy123
    09-10 03:36 PM
    If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show

    Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.

    Doctors, Lawyers etc fall into Job Zone 5 (EB2)



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  • rajuram
    08-20 12:50 AM
    Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.

    But somethings that may be worth trying in the interim are -

    1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.

    2. Longer duration AP.

    3. Fee reduction for 2nd & subsequent renewal of EADs and APs.

    4. An apology from USCIS for the delay!!





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  • ohguy
    09-27 08:56 AM
    As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.

    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.



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  • vinzak
    04-13 06:53 PM
    i remember someone posting right here in IV that they got their GC when PD was not current. USCIS later asked for the GC back cuz it was given in error.:) To make things worse the poor guy obviously didnt renew his EAD and couldnt work.

    So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.


    Here's the link on that topic:
    http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html





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  • green_card_curious
    03-07 06:52 PM
    No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).

    I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.

    Thanks for your time.



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  • wandmaker
    08-17 12:39 AM
    I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

    Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

    1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

    2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

    3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

    4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

    5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

    Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

    I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

    Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.





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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?



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  • vsuri
    09-10 08:26 PM
    I had no experience with a prior employer when my employer applied for PERM in January 2007.
    Education: MS
    PERM Category: EB2
    Company Sector: Finance
    Job Profile: Technology

    PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.

    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....





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  • sgorla
    02-23 02:38 PM
    I was told by the University of Nevada -Reno (UNR) that I 140 approval does not change one's immigration status, and the person (or his/her dependent) will not be eligible for in-state tution.

    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?



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  • STAmisha
    11-14 02:32 PM
    Lawyer told me that I cannot contest. They screwed it up some thing





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  • don840
    04-03 08:03 PM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.



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  • go_guy123
    04-15 10:01 AM
    What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.

    You have created six threads with the same question and getting the same answer. Please use your brain.

    snathan, I also agree. This post doesn't sound genuine





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  • Chelo
    07-21 08:38 AM
    and he is cute..., that is a must



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  • Texascitypaul
    02-23 08:33 AM
    I am a UK citizen i came to the US in 2008 (aug) when i married my USC wife,i then returned to the UK until Dec 2008 and have been in the US since under VWP,my i94 ran out in march 2009.

    I am aware of the "right" way things should have been done, but here i am illegal still with my wife and children (she has 4) i need to try and salvage something out of this meaning i just want to live normal with my family work just like a regular guy get a driving license etc.

    Now i have a clean background check from the UK..1 down many to go isuspect...my wife having 4 children would never have been able to prove affit david of support least not on paper (she is a student and graduates as a RN in may of this year) at which point she would be able to earn enough to do this.

    Through all this we have managed to survive as a family its hard with only one working but we get help from her parents and family.

    $64,000000 question what should i do?

    Thankyou for reading

    Paul





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  • DashingMax
    01-04 11:52 PM
    Already sent an email to my state Senators.

    "Indentured Servitude" seems to be the motto by the current administration. H1B's afterall are smart, educated, English-speaking, honest & tax-paying bunch. By delaying their Greencard, they can get the most out of these hardworking folks, for as long as they can.

    Worker Productivity is, afterall, an important gauge of US Economy.





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  • geniousatwork
    09-22 09:00 PM
    I applied on Aug 18 and got approval email on Sep 2....awaiting AP in mail

    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?





    mrajatish
    09-18 11:54 AM
    Should clarify, meant post dec 2003





    ganeshpv
    05-01 01:26 PM
    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).



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