Saturday, June 25, 2011

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  • conundrum
    03-12 11:53 AM
    Congrats!!





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  • aries
    07-18 10:48 PM
    Do you have a sample cover letter that you can share for self filing of EAD/AP and to what address the application should be posted. Thanks for the response..


    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)


    I already did it for wife, son and myself.

    Saved about 1500$





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  • randallemery
    06-28 10:36 PM
    National media will be there. This will get publicity.





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  • texcan
    02-21 12:03 AM
    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).



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  • kumarc123
    09-07 02:28 PM
    Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.

    Well I am a optimistic person,
    Maybe IO and Uscis knows something which we all don't know. If this happens, it will be all worth it, I hope what IO officer said really happens.

    In the meantime, lets focus on what we really need to do in regards to the pending bill

    Good luck to everyone





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  • buehler
    07-06 10:03 AM
    I thought that Kaiser was only for Western States. Is it there for other places also?



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  • sunny26
    04-26 09:48 PM
    I traveled recently from DTW to india using lufthansa. Allowed two baggage for me and 2 for my son(4yrs old) without any problem





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  • kisana
    04-11 10:16 PM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.



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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.





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  • wandmaker
    02-11 12:21 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.

    Lot of applications filed during July 2007 fiasco had the same issues, eventually the online system got synced over a period of time. If you have a hard copy of the notice with you, don't worry about the online system - it is out of date sometime. For your personal satisfaction, Call USCIS to find out whether the case is really in their internal system.



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  • Almond
    07-13 09:17 AM
    Damn I am going to be pissed off if he gets a green card before I do.

    Pegasus you made my morning. I can't stop laughing at this:D





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  • JSimmivoice
    01-22 11:11 PM
    Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?



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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhW_655lNQ1aRMxiHo_F-fAHwchyphenhyphen3-qF0RVV1juybTjMU4va4xFUU4RyIxXWNpje_vQAHKOJAAGBzhuHe4evR75H0G7x1zcG1W9ZMEiZZ9CL341WUWkb1eNabBwo2T10zAEGhav3cNgzbc/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhW_655lNQ1aRMxiHo_F-fAHwchyphenhyphen3-qF0RVV1juybTjMU4va4xFUU4RyIxXWNpje_vQAHKOJAAGBzhuHe4evR75H0G7x1zcG1W9ZMEiZZ9CL341WUWkb1eNabBwo2T10zAEGhav3cNgzbc/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)





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  • Dhundhun
    11-21 04:12 PM
    #1. Usually duration, designation and salary to be provided by company.

    #2. The role or work related description can be provided by co-worker.

    If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).



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  • wandmaker
    09-18 07:07 AM
    I paid the money to my company who has applied for my H1B.

    Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009.

    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th.

    ......had nicely and smartly enjoyed everyones money and are free without any problems. Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail.

    3 x $3,500 = $10,500 is easy money! As long as there are people like you ready to pay for their H1Bs; these companies will continue make money out of you. First, You should stop paying them! Second, file a complaint with USCIS about this company!!





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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.



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  • krishnam70
    03-13 02:49 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)

    Enjoy and please keep supporting IV in any way you can

    - cheers
    kris





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  • buehler
    06-03 01:09 PM
    May be I am not understanding the question right...I think the question was - what are the STEM disciplines? I know the website lists a bunch of occupations that require one of the STEM degrees. So to look at what are the STEM degrees, I chose Browse By STEM Degree and in that Scroll menu are all the majors - starts with Chemistry, Computer Science, Engineering....


    The question that was asked was - is Statistics a STEM discipline. That cannot be answered from that page even though it looks so. For e.g if I choose the Mathematics Major, it only lists the occupation that requires a Math Major and not the disciplines under Math. For e.g. one one of the occupation is Natural Sciences Managers which is an occupation and not exactly a discipline.





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  • b072707
    10-29 10:20 AM
    Got the receipts by calling USCIS. good luck to all.





    Kalidindi
    07-26 01:47 PM
    Labor Filed under Perm - July 2005 ( Approved in 1 week)
    I-140 & I485 filed in August 2005, I140 approved in one week. Since then had couple of bometrics oppoinment.





    sss9i
    08-05 10:42 PM
    I didn't fill G28 form.
    Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
    Thanks



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