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  • bytegame
    06-13 05:48 PM
    Can a spouse of a person on Eb3 apply for EB2(if eligible) and then port his/her application with the EB3 PD for the family?

    I doubt you can do that. Labor and I-140 (stage when you port the PD) are person-specific and not for the 'family'.





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  • sidbee
    06-04 06:47 AM
    Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    You yourself said, The job requirement decides the category. So if a EB3 guy gets promoted and that job requires EB2, There is no law that stops him from applying in EB2.

    I am myself against Desi Consultants, who have no respect for law.But what you wrote above is not against law.

    Congrats buddy on getting your GC,
    Being an Indian, I really hate Indians, for being envious of other indians.





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  • belmontboy
    05-12 06:31 PM
    best case july 2007
    worst case oct 2006.





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  • abh
    08-11 02:17 PM
    Thanks all for the replies.

    Here are more details.

    My receipt no. is starting with WAC. I had already got transfer notice in September 2007 about getting transferred to NSC as they have juridiction over my case.

    Thanks



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  • waitnwatch
    05-06 01:02 PM
    Some states have the provision that instate tuition rates will only apply to permanent residents while others allow H1-B's to avail of instate tuition. I know for sure that Pennsylvania is in the permanent resident camp while Colorado allows instate to H1-B's. As mentioned previously it is the state legislature along with the commision on higher education which create the rules.

    It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.





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  • immique
    06-18 07:54 PM
    Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?

    Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?

    I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.

    Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?



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  • bombay_masala
    05-13 02:19 PM
    Dude,

    http://www.flcdatacenter.com/CasePerm.aspx

    There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.

    For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.

    If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)

    If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.

    If I were you, i would first filter on Employee State and then search for the Employee name.

    Its simple.Try it and let me know if you need further help.

    Good luck


    Hello cool_desi_gc,

    I downloaded the access database but could not find employee name in there. Is there any other way to get the labor record? Also I don't have the labor case number to match to this record.





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  • mandyharper
    November 27th, 2004, 08:07 AM
    What about the brand new Olympus E-300 Evolt releasing in Dec? I am hoping to pick one of these up before Xmas.

    The Sad Story of H1 transfer [Archive] - Immigration Voice

    View Full Version : The Sad Story of H1 transfer




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  • TomTancredo
    01-10 05:17 PM
    All,

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !


    I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.

    If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.

    I think we as a community better off if you can reveal who the employer is.





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  • ncrtpMay2004
    08-20 08:20 AM
    Only if the assumption that the new i140 and 485 application will be low. This assumption depends on type of economic recovery.



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  • boogie2007
    04-18 02:55 PM
    my I485 lud got updated today , but the case status is still showing pending, when i called the officer she said they dont know what is lud ? but she said the case is pending.. any idea what does it means when lud is updated does that mean the case is now ready to be assigned by officer ?????:confused:





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  • rkdownload
    01-23 10:30 PM
    Received the following RFE on H1B Extension.

    1. copies of signed contracts between the petitioner and XXX (my name)

    2. a complete itinery of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and address of the establishment, venues, or locations where the services will be performed for the period of time request; and

    3. copies of signed contractual agreements, statements of work, work orders, service agreements, and letter between the petitioner and the authorised officials of the ultimate end-client companies where the work will actually be performed that specifically list XXX (my name) on the contracts and provides a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wage paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence.

    NOTE: The evidence must show speciality occupation work for the beneficiary with the actual end-client company where the work will ultimately be performed. Merely providing contracts between the petitioner, through any other consultaants or staffing agencies, to an ultimate end-client.

    My employer is a small consulting company for whom I work on corp-to-corp positions. Now my employer is saying that he cannot reply this RFE and asked me to work on EAD. I would like him to atleast reply the RFE. Any advise in this direction would be highly appreciated. Need to reply by Jan 29.



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  • rk07
    09-27 02:19 PM
    All,

    Anyone applied on July 23rd at NSC and not received the RN?

    Anyone in the same boat with me?

    Thanks,
    -rk.





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  • srikondoji
    07-11 10:10 PM
    I have a valid point to akhilmahajan.
    I work for security industry (database auditing) and i do know the concerns and security related issues.

    Here USCIS may be sending the information of one applicant to the other applicant. This may happen with a probability of 1 in 100.
    Now tell me, what will you or i be doing with someone else's data?
    Atleast skilled immigrants like us will not harm and or destroy knowingly someone else's credit history. This will not only destroy your future citizenship options but will also lead to deportation in case you are caught.
    Also, there will no credit card numbers and or bank account details to be lost.
    One more thing is, you can always fight back and reverse the screw up that may happen in case your social security number is misused and you have a proof of it.

    By saying this, what iam saying is, the threat is not as serious as the thread author seems to indicate. There are bigger concerns on our plate who needs our attention.

    Unless the USCIS mistakenly publishes your data on website and or looses hard disk with all the data in it at walmart, you shouldn't be worried.

    Peace.


    Cant you think and understand what the post meant?
    He is mentioning a very valid point. 485 has all the information which one needs to screw up some one's credit history which takes years and years to build up.

    I hope now u will get the point.



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  • bkam
    04-14 09:01 AM
    Berkeleybee,

    Discussing the way the immigrants are treated in this country is a very constructive conversation. Discussing the way of getting out of this situation is also a very constructive conversation.

    Although I appreciate your (the core team) efforts and support them, we are still light years away from a quick and effective solution of the backlog and retrogression problems. All - government, Senate, Congress, Immigration service, big business etc do not care at all about the legal immigrants (better not use another popular expression :-). Do you need a prove for that !? And do you know why is that ? - because nobody "votes with the feet" and there is a permanent flow of "dreamers" hoping to get a GC. The big business is interested in guest workers, not in quick resolution of the GC problem - idiots like us cost less, do not dear to demand rights and are quiet and patient people who could bear a lot. And do not forget that the big business pulls the strings of the politicians.

    Bottom line - the lack of negative feedback (voting with the feet for example) contributed to the current mess in the Immigration.

    You should have access to my email address - call me and I will give you some helpful information.





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  • niceguy369
    04-04 03:30 PM
    To IV Core team:

    You guys are awesome and please continue with your efforts. We are all behind you guys. Ignore those people who are indirectly diverting you guys. Guys like 'bheemi' instead of encoraging this guy discourages completely.

    It is so sad that we have some members in our group working against us :-(

    Thanks,
    Nice Guy



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  • InTheMoment
    09-10 07:08 PM
    I haven't and don't plan to in the future to carry it in my wallet like my DL...considering where I live.

    I just have my A# memorized...but maybe those who travel in Border areas or usual Border Patrol checkpoints or frequent travelers might have to.





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  • H1bEmployer
    09-16 04:47 PM
    50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6

    Thanks





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  • dks
    05-24 12:46 PM
    sent





    raj2fly4
    07-12 03:29 PM
    I applied for H1B extension in october 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in Febraury 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesnt want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they dont accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in OCtober ( 9 months).

    My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.

    I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.

    My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.

    I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.


    Any valuable suggestions would be appreciated.

    Thanks





    LIDIYA
    08-23 03:23 PM
    :)Our check was cashed today 08/22

    We paid with one check for: two I-485�s, and two EAD�s. In little space on the check where it says �for� I wrote fees. So, just want to let you know from my experience that, obviously, it does not matter if you paid with one check for all forms and applicants (in our case total was $1,150) or with separate checks for each application.

    Our details:
    PD � Aug., 2005
    EB-3 ROW
    I-485, EDA � reached TSC on Jul. 2nd
    Check cashed � 08/22
    Called Bank of America and got all 4 case numbers from the back of the check.
    Checked INS website � applications were received on Aug. 21st and currently pending.
    Receipts were mailed .

    All applications were prepared and sent by lawyer, so I don�t know exact time when they reached INS or who signed for it.
    Good luck everybody !