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  • hebron
    06-23 08:25 AM
    Mine is the same company that applied for EB2 in the first place

    Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?

    Thanks.




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  • niklshah
    01-06 10:27 AM
    February visa bulletin will be out this week any day.

    What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?

    thanks for changing the title... now let the guess work begin....




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  • chanduv23
    06-18 02:24 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?


    Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section




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  • ajay
    06-06 10:44 AM
    Which service center your case is in ?
    It is in NSC.



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  • martinvisalaw
    10-15 03:47 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.




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  • Jaime
    09-05 05:24 PM
    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name

    True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+



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  • bharatmb
    07-16 02:05 PM
    Recently joined IV. The trigger for me was the July visa bulletin fiasco. I am sure that it caused a spike in activity/interest on IV, so, some good will come out of it, hopefully.

    However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.

    Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.




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  • retrohatao
    07-17 02:41 PM
    Am I hysteric or what?
    Any ways here is the flash.
    My case has been approved and got the so called Magic e-mails stating that the cards have been order
    for me and the spouse.

    Here is the "series of unfortunate events" :
    1.
    EB3/TSC
    PD: Sometime in 1998
    Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

    2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
    thought I would save some time.
    3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
    4. Elated with the good news, applied i-140 & I-485 in 2004.
    5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
    amount of time.
    6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

    Following is the chronological order:
    EB2/TSC
    PD : October 17, 2001
    LCl : January 7, 2004
    RD I140/485 : May 28, 2004
    EAD : July 26, 2004
    FP Notice Date : February 1, 2005
    FP Done : March 22, 2005
    I140l : February 11, 2005
    Namecheck initiated: June 2004
    Namecheck cleared: June 2006.
    I-485 cleared and cards ordered: July 2006.

    Here is what I did to get out of namecheck:

    1. e-mail to FBI on monthly basis
    2. Snail mail to FBI, OMBUDSMAN on monthly basis
    3. FAX to FBI on monthly basis
    3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
    FBI directly
    4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
    FBI directly. One senator never even responded
    5 got FOPIA.
    6. Made the attorney to contact USCIS officially
    7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
    and almost filed WOM. Only thing left is to send the papers.
    8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
    Just tried some personal mails to USCIS director FBI et all.

    Not sure what really worked. Some one from DOJ took time to call me and informed that my
    name check got cleared.

    moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
    try the above steps and hope for the best.

    Thanks to the forum members!!! I learnt lot from your experience.

    I will still be around on this forum and will try to help as much as I can



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  • factoryman
    02-09 07:21 PM
    Congressmen from hi-tech SF and CA.

    Rep. Lofgren (D - CA) : 16th District - San Jose

    Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz

    Rep. Pelosi (D - CA) : 8th District - San Francisco and north

    That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.




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  • spicy_guy
    10-04 12:03 PM
    hi ,

    Here is my situation.

    (employer) -> (middle vendor ) -> prime vendor -> (End client ).

    I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .

    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.

    is there any way that he can even do this ?

    - Thanks in advance.

    Breaking the line of contract: What contract? Did he mention that? Also, why does he want to sue you?



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  • roseball
    03-20 11:40 AM
    I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.

    What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...




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  • eb3retro
    09-12 03:40 PM
    Not in the system yet, and no checks cashed.

    Submitted: June 30, 2007
    Reached USCIS: July 2nd, 2007
    Signed for by: J.Barrett @ 10:25 AM

    I have no clue as to what is going on here ...worrying indeed.

    welcome to IV. Please join IV in the DC rally.



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  • DareYouFireMe
    02-19 12:29 PM
    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!

    I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2




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  • smartboy75
    10-02 12:47 AM
    I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
    Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....



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  • greencardvow
    08-03 06:59 PM
    H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
    Fire your company lawyer for incorrect information.




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  • darsh678
    02-12 08:46 AM
    This is what i think as being optimist

    Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
    Even better will be if they have separate category and dont include in EB3.

    I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.


    This is very serious matter. EB community should strongly oppose
    It is time for Fight to Finish !



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  • LostInGCProcess
    09-01 09:03 PM
    You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.

    So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.

    Thanks....




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  • nmember
    05-25 05:54 AM
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  • vikki76
    04-15 09:19 PM
    I agree to every comment made about Cathay /Singopore Airlines- but what are people's experiences with Emirates?




    AbraKaDabra
    12-21 12:31 PM
    Flying thru Amsterdam and Milan doesn't require a transit visa




    rkm
    07-17 06:29 PM
    Dear Lofgren,

    Thank you very much for your great effort to resolve our issues.



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