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  • gsc999
    06-26 12:16 PM
    Harry Reid will use "CLAY PIGEON" maneuver, a rarely used tool to expedite the passage of the immigration bill. More later when Senate reconvenes @ 2:15 ET

    What is Clay Pigeon:
    "The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.

    Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."

    http://news.aol.com/elections-blog/2...geon-maneuver/




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  • number30
    04-12 12:10 AM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs

    There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1




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  • amitga
    06-24 11:41 AM
    Rupert Murdoch, Mayor Bloomberg Lobby For Immigration Reform, Path To 'Legal Status' For Illegal Immigrants (http://www.huffingtonpost.com/2010/06/24/rupert-murdoch-mayor-bloo_n_623805.html)




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  • binadh
    10-06 09:40 AM
    Your's is crossed 15 month stage, so you can ask your lawyer to enquire about it...

    Hope fully DOL will approve yours soon...

    Good luck

    Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?

    I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.

    Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.

    Thanks.



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  • Sath thesmilingstar
    02-24 06:08 PM
    You first need to apply for SSN based on your pending I-485 application.

    we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?




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  • hopefulgc
    07-13 11:49 AM
    in suits .. we might look like a funeral protest rally.
    dress formals.. but leave out the suit.



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  • GCNirvana007
    09-08 05:11 PM
    Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
    I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.

    I am in India already, both my H1B and AP expires in few weeks. Waiting for the God damn mail to reach home so my buddy can fedex to india.

    How many have got the physical mails already?




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  • punjabi77
    08-06 12:12 PM
    In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.

    I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.



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  • immi2006
    10-04 01:39 AM
    Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.

    I am not sarcastic this is the reality,

    There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.




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  • SFSweta
    08-22 03:26 PM
    Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!



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  • pnara2
    11-30 08:51 PM
    I have been reading about CIR since last 4 yrs and so far no action has been taken on this topic. Obama administration too is just good at promises! There is virtually no messiah who can help legal immigrants! Time is the only saviour of legal immigrants! So the mantra should be "wait, wait and wait..........."




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  • kookoo
    08-03 06:17 PM
    What the chances are of an inquiry between the USCIS and my Previous Employer?
    :confused:



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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • sagar_nyc
    04-21 02:03 PM
    Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.

    Hi greeta,

    I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
    to your home country and cannot transfer your visa. If it's H1 you can always do that.

    If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.

    Good luck.

    Rgds,
    Kris



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  • indyanguy
    01-13 07:39 PM
    Do they send you a copy of the original?

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




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  • map_boiler
    07-05 04:52 PM
    If your labor cert contains language such as "...may work at one or more unanticipated locations", you should be fine with no need to re-start the GC process.

    However, I would check with an attorney to be on the safe side.

    Gurus, need a lil help clarifying issue in GC process.

    I've a question regarding location of work place for a H1B employee filing GC process.

    I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.

    Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.

    If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.

    I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.

    Thanks in advance.



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  • minimalist
    04-17 01:35 PM
    you should have been OK to go out and get back in, assuming you get the Visa. Probably you can do the same even now, if you do get the Visa.

    I know one person who was working on OPT and their employer filed for h1. She continued to work while waiting for USCIS approval even though the OPT expired.
    Finally when she did get the decision on h1 that it has been denied, she consulted a lawyer, on their advise, left the country immediately and got back in on H4. However, it was less than 180 days since her OPT expired.

    I am not sure how the o1 works or if this info may be relevant to you.
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot




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  • rajbgp2002
    12-22 05:56 PM
    If a person has filed I-485 at least 6 months back and got laid off from job,
    How much time does the rule permit to find another similar job and use AC 21.

    Is this similar to H1B grace period or say no grace period.

    thanks




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  • hopefulgc
    05-12 04:35 PM
    while that i true... imagine where we would have been if MLk had decided to sit back..
    or talk about another great soul from your motherland
    ...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.

    As someone said, We will have to be the change, we wish to see in this world.




    shan74
    01-12 05:57 PM
    bhanurpiya i sent u a pm. please let me know.

    thanks




    sabr
    09-18 04:44 PM
    But if I get out of US and get back with H1b stamping will then I can start again with my current company as H1b while I wil work with EAD for another company full time?



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