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  • 21stIcon
    04-10 07:19 AM
    I filed my conversion case two months ago, they have not withdrawn my BEC case yet since BEC had not sent 45 days letter so far and BEC could not locate my old case to verify with new case, so my conversion case dormant at PERM as well as old case @ BEC. no use of PERM conversion if you have not received 45 days letter, it may be helpful for who have received 45days letter and waiting for BEC decision.


    Thx,
    PD -->01/07/2004
    RIR/TX
    No 45 days letter yet
    PERM Conversion filled on 02/07/06





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  • MerciesOfInjustices
    10-06 09:44 AM
    IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public.

    Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!





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  • azharuddinm
    07-23 11:46 AM
    i did not inculde the P.O Box is this an issue ?
    I used the below add for FEDEX.
    Nebraska Service Center
    850 "S" Street,
    Lincoln, NE 68508





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  • gmail
    07-22 01:31 AM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.



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  • Green.Tech
    08-20 10:08 AM
    No. I changed to a different company with same position.

    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.





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  • mirchiseth
    10-07 11:47 PM
    May be I am reading it incorrectly. But this news (http://www.livemint.com/2008/10/08001058/Govt-mandates-EPF-for-foreign.html?h=A1) concerns me

    New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.

    Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.

    What are your interpretations?



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  • willwin
    07-10 09:21 AM
    I got my PWD today!!

    Filed on 5th Jan and received today.

    Next, the LC waiting period starts!!

    My LC was approved on 07/07/2010.

    On to I140+485 stage next.





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  • shishya
    04-30 12:57 PM
    Why is the issue date matter?

    When was the birth registered? If it says recently, then you should go thru the process.

    If the birth was registered proerly at right time, you will not have problems.

    Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.

    The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.

    To be really safe, our lawyer is requesting we get affidavits sworn as well.



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  • raysaikat
    04-17 12:46 AM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.





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  • harivenkat
    05-16 10:28 PM
    my one piece of advice is , dont go to lawyer for canada immigration....
    the lawyer becomes a biggest bottleneck in communication with cic ...
    its best you directly deal with canadian immigration services (cic)....
    if you need help you always have these forums to ask questions...



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  • anilvt
    09-18 10:31 PM
    hello ras,

    did u show up today at the rally man?


    why don't you show this to congressman

    why show us your inventions about GC fourth law ?

    and other people like us who can't make decision and change the law?

    after gc wud u like to invent citizenship formula

    try to get some 50 eople in the next rally

    Thanks





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  • logiclife
    07-17 04:14 PM
    Congrats Retrohatao.

    What's depressing about the process is that it takes so long for greencard that people dont even remember their priority date by the time they get greencards.

    Retrohatao has posted PD of his first GC file as :"Sometime in 1998". Note the word sometime.

    This word, "Sometime" shows the delay.

    In America, glaciers move faster then the Greencard process.

    That's the reason Universities are going to pay a dear price of all this when the next generation of potential students and research scholars dont come here.



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  • xyz2005
    08-06 04:53 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Heartiest congrats
    Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.

    Take care and accept our heartiest congrats once again.

    Best Regards,





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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.



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  • jonty_11
    07-05 03:39 PM
    I dont think WE are bred to be competitive as u said....
    if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.

    I would call it unhealthy competition





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  • vijayam
    09-18 10:53 AM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.



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  • immigrationSantosh
    02-06 08:29 PM
    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortious Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.





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  • nb_des
    09-21 01:51 PM
    I agree something that does not increase total visa numbers can only pass this year.





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  • lazycis
    06-06 01:22 PM
    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.

    You need to be aware that there are state and federal laws. Usually complaints are filed with state DOL when employer did not pay salary or performed unlawful deduction. If employer violates H1B/GC laws, you can complain to federal DOL. The same story with filing complaint with the state court or federal court.





    Yeldarb
    10-08 08:10 AM
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    bandya
    05-24 11:58 PM
    Have said this before - during one of out earlier web fax campaign. Pls send emails to all the members about this fax!!!
    All the more important since we hardly have any time on our hand!!!