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  • Sachin_Stock
    06-12 07:51 PM
    I am an EB-3 I and I do agree with lots of Eb-2 folks over here. Eb-3 folks can contemplate of moving on and apply fresh labor/140 and port to Eb2.

    Nobody can stop you from getting your stuff straightened up.




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  • gulute
    05-19 03:30 PM
    That was real quick!

    Thanks




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  • senthil1
    06-09 05:22 PM
    That is right. But same country quota is there in EB system also. So in point system also 80% of people will get same quality of people as current system. But advantage is process delay will be eliminated.

    Because of the country quota what you have said below is applicable to only people from India, because of the tremendous competition from Indian applicatants you would need the highest points , ms or phd, 5 years experience, employer sponsorship, and also relatives, but if you are from non Indian countries then you will easily get it because there is not much if any competition.

    For example people from India might need 90+ points to have any chance but people from other countries might need just 60 points to get in. This is not merit based system, it is Kennedy Diversity Visa disguised as merit system.




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  • dixie
    09-28 01:06 AM
    We do not have sufficient expertise to answer such specific queries .. Your company's immigration lawyer should be the best person to answer this. You could also try posing your query to an attorney during our conference calls.

    In any case, a good employer would prepare for the worst case eventuality - that is assume that an audit notice is sent. If your company and its lawyer have been scrupulous about all the information they furnished during the PERM app there should be little trouble responding to it. In case they fail to satisfy USCIS, your company will get blacklisted and will be barred from filing PERM applications for some length of time (not sure what that is).I do not know of any direct consequences for the beneficiary himself.

    My company went through a 10% workforce reduction company-wide just when my PERM application was ready to be filed. Although nobody from my group has been affected, 2 people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:

    1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?

    2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?

    3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?

    4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.



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  • amitjoey
    06-01 04:35 PM
    Thank you malibuguy007, Thank you jimytomy and a BIG Thank you to m306m



    $11,350




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  • eb3retro
    07-07 11:29 AM
    need a good lawyer in dallas area for filing my AP. dont want to spend lot of money (already spent enough for a costly lawyer). also need to file G28 for changing from old lawyer to myself. Does anyone have any suggestions?? thanks.



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  • raajpagare
    03-06 05:44 AM
    Dude, if you see the keyboard, s and L are on oppposite ends, so no way Ass was a typo on ALL, LMAO, USCIS taking out their frustration on ass i mean us ;)

    We better not point it out to them, otherwise they will add the cost of proof reading their letters in the fees too :rolleyes:

    BTW I am up for $25 if there is an agreement to go with this request.




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  • test101
    07-05 11:56 AM
    Ok. What did you guys say when the secretary answered? I need to have my narrative ready.

    I said I'd like to weigh on the current revised July visa Bulltien, they directed me to someone and explained the whole situation . Do not use complex word.



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  • mohican
    03-16 06:49 PM
    My MTR was reconsidered--what a relief. Here is the response:

    "Service motion to reopen or reconsider:
    In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

    My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

    My question to fellow members of this forum:
    1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
    2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

    My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?




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  • sc3
    07-18 01:43 PM
    Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.


    Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.


    Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.

    How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.

    And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.


    PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.



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  • Gravitation
    06-01 10:11 PM
    yes, i do understand that. I still donot understand why fly into a "thunderstorm"!

    Pressure from airlines to keep schedule and minimize fuel expense in the form of performance review/rewards/bonuses. Strong captains can resists but the pressure is constant. Not much unlike Health care companies that reward primary physicians that give minimal referrals to specialists. Such doctors are rewarded with free lavish vacation.




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  • yestogc
    06-30 01:42 PM
    Yes, last time also we got AP approved in around 30-40 days.



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  • vin13
    01-15 10:12 AM
    This is a basic supply and demand issue.

    When H1-B yearly cap is getting used up within days, what is the reason for allowing H-4 to work.

    The only way you would see a change in the rule is when there are not many H1-B takers, and they need to attract more families.

    Don't get me wrong, i am not trying to say H-4s should not be given the oppertunity. Just think in terms of the need for this country. Not our personal needs.




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  • sam_i02
    07-17 08:36 PM
    i think this is the same guy who created a huge fuss on july 2nd when we found out that all 485s will be rejected and said that we all deserve it since we did not "remember" people in pbec.

    do u want to go thru somthing like that again....by unbanning him?

    bestia do not feel sorry for ppl like these...because they kick you when u r happy

    hahaha. i also remember one guy telling everyone on this bbs to not file till July 29, so the PDs remain current for August. some one later found out by reading his old posts that he had already filed his 485 :eek:



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  • s_r_e_e
    08-17 11:19 AM
    Emails and online statuses were the standard Welcome Notice.

    "we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days "

    another email

    "we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

    The statuses went back and forth a couple of times between "Decision" , "Post Decition" and "Card production"




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  • 4move
    06-25 11:45 PM
    E-filed AP renewal to TSC on 05/26/2009 by paying $305. Received approval email today.



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  • Michael chertoff
    03-26 11:17 PM
    You better stop stereo type answers. Don't understand why you post same answer for every question and waste others time (not your time) reading your shit.

    Mr Shit expert,

    Please dont read my shit... May be you are a Porter too. I post same answer for every thing because this is the main reason.

    Thanks

    MC




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  • continuedProgress
    10-09 05:39 PM
    Folks - Avoid visanow.com (Chicago) as well




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  • rajuseattle
    01-14 07:11 PM
    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.




    felix31
    08-06 10:12 AM
    whats ur country of chargeability? pls update that in your profile.

    I am EB3 ROW..:(
    I guess, in the vast scheme of things, getting biometrics (even with past appointment date) is much better than having to battle the .."GC approved when PD is not current"..situation. :mad:

    at least, company's att sent h1B under premium processing. If all goes well I plan to come back before they re-schedule biometrics...




    nrk
    06-10 03:45 PM
    Yes Sep 30th

    from October 1st new fiscal year starts for USCIS
    which month is FY-2010 end for USCIS? Sep?



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