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  • americandesi
    05-19 02:34 PM
    AC21 letter can be sent to USCIS, but as everyone says its not a must.

    AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.

    In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.





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  • masti_Gai
    01-05 03:58 PM
    that might stop ppl from visiting the site and contributing their views in regards to the various immigration issues





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  • gg_ny
    02-16 06:07 PM
    I bet you are kidding. If you aren't, then what I meant was various rules and regulations that come with each application, application process available from USCIS. One good way is to go to state.gov or to popular immi law education sites of lawyers (google comes handy here).

    Where can I get this? Local Library ?





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  • GCD
    07-31 11:25 PM
    I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.

    Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.

    In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.

    Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?

    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.



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  • eb2dec2005
    12-04 03:36 PM
    Yes, Iam in the same boat too.

    My I485 has been moved from NSC-CSC-NSC. No updates nothing at all.
    I had to call and let them know that i had done my Biomterics in Dec 2007.
    And also i was one of those unfortunate people , whose application was not approved , inspite of the dates being current for 2 months.


    EB2 - Dec 2005
    I140 approved - Oct 2006





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  • shortchanged
    08-17 08:38 AM
    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!



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  • msp1976
    04-23 01:32 PM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    The S 9 was introduced in the first day of senate..
    They are gonna fill up the language any time they like...
    One fine day you are gonna wake up and find the bill getting debated...





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  • vallabhu
    01-14 12:22 PM
    The source is Immigration-law.com

    This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.

    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B (8 U.S.C. 1324b) is amended--
    (1) in subsection (a)(5)--
    (A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
    (B) by moving the text down and to the right 2 ems;
    (C) by inserting before such text the following: `(A) IN GENERAL- '; and
    (D) by adding at the end the following:
    `(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
    `(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
    (2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 is amended--
    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
    (2) by adding at the end the following:
    `(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
    `(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
    `(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
    `(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
    `(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
    `(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.



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  • iv4gc
    07-28 10:04 PM
    Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.





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  • crazyghoda
    05-08 10:53 AM
    Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.

    Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.

    I got EAD in 2 weeks from filing to receipt of cards in hand.

    USCIS has certainly improved a lot.



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  • akhilmahajan
    06-06 08:55 AM
    Gurus,

    When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

    Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

    Or is it OK to send the photographs and mention the Alien A# .

    Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

    Your help is much appreciated.

    If you dont mind, can you share what supporting documents you submitted.
    Thanks a lot.





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  • dhenuva123
    02-25 02:38 PM
    My case is also pending ...from the last 5 and half months.....I applied on sept 1st 2010 ...the case is still in "Initial Review".........



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  • sobers
    06-23 04:29 PM
    We ought to contact lawmakers and make them see the plight of legal immigrants. There is no other way about it....even if we don't have a vote now, we have a voice...that of a LEGAL immigrant (and a future Citizen!). Each one of you find out where the meeting is going to be, and make a point to attend and atleast ask one question- It has been said that America is a nation of laws and a nation of immigrants- so Congressman, while you're working against ILLEGAL IMMIGRANTS, what are you doing to help LEGAL IMMIGRANTS??? (Suggestions welcome) ...And then personalize your story with your personal troubles...backlog, retrogression, endless waits obeying the law...and not getting a dime in benefits...


    See what NumbersUSA folks are doing...

    ======

    Roy Beck, President, www.NumbersUSA.org Friday 23JUN06

    More Good News ... House leaders emboldened by YOU & pushing for enforcement-only bill

    SENATE BILL FOR AMNESTY AND MASSIVE IMMIGRATION INCREASE IS DEALT MORE BLOWS .......

    ....... Speaker of House is totally impressed by citizen pressure at a town hall meeting!!

    Wait until you see the report below from a Hill staffer of the Speaker's comments in a closed session of congressmen/women.

    As I predicted to you in my email Monday morning, the terrible Senate bill has further bogged down this week as U.S. House leaders have become increasingly emboldened by you citizens' phone calls, faxes, office visits and attendance at town hall meetings.

    Suddenly this week, Speaker of the House Hastert announced that he wouldn't be immediately appointing House negotiators to hammer out a compromise with Senators in a joint Conference Committee. Rather, he announced a series of public hearings to be held across the country over July and August to get public feedback on the provisions of the Senate bill.

    Hahahahaha.

    Maybe the 63 hidden provisions in the Senate mystery bill that our Rosemary Jenks uncovered and exposed at the National Press Club (but with very little media interest) will get proper vetting from the American people.

    This is such terrible news for the Kennedy/McCain/Bush open-borders folks who had hoped to ram their bill into law without the public truly discovering what was in it.

    Even better, Speaker Hastert announced principles that should undergird House action and they were all about enforcement and nothing about increasing legal immigration or guestworkers.

    WHAT PERSUADED HASTERT TO DO THIS?

    Rep. Hastert (R-IL) has always voted very well but has not been very helpful as a leader. He has been much too eager to please the White House when it asks for favors and to help out the U.S. Chamber of Commerce.

    Nonetheless, he has often ended up helping block bad stuff in the House and was a big help in the end in passing the ban on drivers licenses for illegal aliens. But his behavior this week represents a whole new side of Hastert. And it is pretty apparent why he changed.

    Check out this email from a Republican staffer to Rosemary describing the closed-door session Hastert had with Republican Members of the House.

    Rosemary --

    You may already have heard this, but it was too good not to pass along. In GOP conference this morning, Hastert started talking about an event he went to with several hundred of his constituents. He went on and on about this was in Illinois, in the heartland of the country, Illinois wasn't a border state -- and every question but one from his constituents was about immigration.

    He then said this proves it's a national issue and not just a border state issue and it is really important. (Hastert, our fearless leader, moonlights as Captian Obvious.)

    Technically everything that goes on in conference is supposed to stay confidential but my boss was going on about it and how he thought the meeting with his constituents made a huge difference to Hastert.

    I thought you'd find it encouraging that all the hard work your minions are doing about bugging the hell out of these guys at public events is working.

    You're outgunned, outspent, and outlobbied -- but you're winning. I am now officially cautiously optimistic.

    -- (from a House GOP staffer)

    As the staffer knows, we have been pushing all of you to try to attend any meeting where your Members of Congress can be found so you can ask questions, hold a sign or just applaud other people who say what you believe about immigration.

    More and more of you are doing this.

    Now, the entire nation owes a debt of gratitude to those northern Illinois voters who showed up at that meeting and so impressed the Speaker of the House!

    We will continue to inform you on your Action Buffet corkboard every time we know your Senators or your Representative are going to be appearing somewhere in your area.

    Please keep checking your corkboard at:

    www.NumbersUSA.com/actionbuffet

    Also, please keep telling us if you know of a meeting or appearance that appears to be something we may not know about. The only way we can inform everybody in a district about an event is if somebody tells us about the event ahead of time.

    As for the hearings, some of your NumbersUSA staff have already been invited to testify. We will be sending notices to you about when and where they will occur so that many of you can attend and reinforce the position of no amnesty and reduced total immigration numbers.

    Finally, I just have to note that after the Senate passed its monstrosity in late May, we got a ton of emails from people saying they were giving up and that no hope was left. You may recall that we continued to tell you that we believed we could beat this thing if we all kept fighting. Well, most of you kept fighting. Even I am a little surprised at how well things are working out at the moment. But I have no doubt that the only factor is the never-ending drum-beat of citizen complaint that Members are hearing.

    Thanks for all you do,

    -- ROY

    www.NumbersUSA.com/donation.html

    Also, don't wait on emails from me. Keep up with what is happening in Congress on immigration by checking regularly on our NumbersUSA home page:

    www.NumbersUSA.com





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  • thokar
    08-18 04:12 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,



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  • americandesi
    09-09 03:55 PM
    The problem is that most H1 employee's don't know their rights.

    They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.

    Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.





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  • Jerrome
    10-18 01:29 PM
    Is it possible to track 140 without the receipt notices.



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  • m306m
    04-15 02:23 PM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?

    This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.





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  • devikas81
    09-09 07:08 PM
    Pls. update ur case once you receive any action from USCIS,
    I have similar case like you, pls. email me at vmt0606@yahoo.com,
    Thanking You,





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  • uma001
    03-15 09:01 AM
    L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
    TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
    When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.





    tiredofh1bfraud
    10-20 09:41 PM
    does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?





    yabadaba
    07-12 09:01 AM
    just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu



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