shivapb80
06-05 12:15 PM
Thanks wahwah. I am quite sure that this memo is good for us. But I am waiting for some laweyers e.g. Oh or Murthy to confirm that. I am keeping my fingers crossed. In the meantime if someone comes across an updated AFM then please let us know.
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Dipika
08-06 12:12 PM
count me for Dec 2004.
chanduv23
08-11 09:17 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
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v2neha
03-27 04:00 PM
Team,
The meeting with Rep. Pete Stark's district director Jo Cazenave went very well. She had a little idea about, but was not fully aware of EB process for obtaining GC, and was impressed with our presentation that explained the process in graphical manner. Jo confirmed that Congressman Stark was against illegal immigration and also clarified that he was all in for high tech legal immigration. She listened attentively and took notes. She showed more interest in knowing facts about provisions of S.2454 and Spector's mark up that would reverse provisions of AC21 and Sen. Fienstein's amendments to these proposed bills. She repeatedly reminded me to make sure to forward more details on these after the meeting. I've sent her these details in the 'Thank you' email after the meeting. As it has been the case with outcome of other lawmaker staff's meetings, she suggested that we agressively meet with as many lawmakers as possible - especially in DC, seek support of big companies who hire EB workers and encourage people to contact their congress reps in case of unacceptable administrative delays. Jo has extended her invitation to members of IV to attend Rep. Stark's town meetings. (The next one to be held on 1st Apr'06 in Newark - details on http://www.house.gov/stark/contact/townmeeting.htm ). She asked my personal experience with the GC Processing and how it has impacted me. She noted down my home address and promised that she will not only convey a picture of the issues faced by EB immigrants to the rep, but also have him contact me via mail for anything he might have to say or ask.
The meeting with Rep. Pete Stark's district director Jo Cazenave went very well. She had a little idea about, but was not fully aware of EB process for obtaining GC, and was impressed with our presentation that explained the process in graphical manner. Jo confirmed that Congressman Stark was against illegal immigration and also clarified that he was all in for high tech legal immigration. She listened attentively and took notes. She showed more interest in knowing facts about provisions of S.2454 and Spector's mark up that would reverse provisions of AC21 and Sen. Fienstein's amendments to these proposed bills. She repeatedly reminded me to make sure to forward more details on these after the meeting. I've sent her these details in the 'Thank you' email after the meeting. As it has been the case with outcome of other lawmaker staff's meetings, she suggested that we agressively meet with as many lawmakers as possible - especially in DC, seek support of big companies who hire EB workers and encourage people to contact their congress reps in case of unacceptable administrative delays. Jo has extended her invitation to members of IV to attend Rep. Stark's town meetings. (The next one to be held on 1st Apr'06 in Newark - details on http://www.house.gov/stark/contact/townmeeting.htm ). She asked my personal experience with the GC Processing and how it has impacted me. She noted down my home address and promised that she will not only convey a picture of the issues faced by EB immigrants to the rep, but also have him contact me via mail for anything he might have to say or ask.
more...
prioritydate
08-06 10:40 PM
DHSOIGHOTLINE@DHS.GOV
Report their illegal activities.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ece03509211f8110VgnVCM1000004718190aRCR D
Report their illegal activities.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ece03509211f8110VgnVCM1000004718190aRCR D
waitingnwaiting
11-10 07:58 AM
When is the December visa bulletin coming? Can someone ask their lawyer?
Why is nobody predicting? Are we all becoming so pessimistic?
Why is nobody predicting? Are we all becoming so pessimistic?
more...
nrk
10-30 12:39 PM
Just came back from Info pass appointment.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
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crystal
08-21 10:05 AM
I think That is correct. If they use ur money to labor filing preparation they cannot sell it others for sure. But be sure to have enough proof for about what you going to complain.
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
more...
akhilmahajan
07-10 10:25 AM
There has to be some other way. LOU DOBB is not the only program for CNN which gets them ratings.
I guess we need to explore ways.
I guess we need to explore ways.
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laborday
07-17 11:30 AM
Hey Guys, I don't know how many of you know about this link, but you can find out how your case is going and when it is supposed to be approved:
http://www.immigrationwatch.com/immi_predict_form.jsp
Gives me a peace of mind knowing how many cases filed around my date are approved ...
how do they get the data?
http://www.immigrationwatch.com/immi_predict_form.jsp
Gives me a peace of mind knowing how many cases filed around my date are approved ...
how do they get the data?
more...
reachag
04-02 12:37 AM
sent #11 too
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gondalguru
07-19 10:34 AM
The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.
TB skin test is not mandotory.
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
TB skin test is not mandotory.
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
more...
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coloniel60
08-20 06:39 PM
I wish you all the best. This kind of cheating from the employer hurts the most. I wish some immigration lawywer or ILA steps up and advises what employees can do in these kind of situations. I know labor substitution is legal but in this case the employer gave false hopes to the employee that he will sponsor his GC and that should be illegal and could be used as an excuse to sue the employer.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
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roseball
07-31 09:48 AM
The online case status reflects the notice dates and not the actual received dates....These are the dates the cases were entered into USCIS's systems...
more...
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shana04
02-16 01:32 PM
Hi,
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
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morchu
04-19 11:56 AM
10+2+1+3 ?
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
more...
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mbawa2574
07-06 09:02 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
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makemygc
07-08 01:42 PM
Can we change the title of this thread to:-
Immigration Voice/Gandhigiri in News (or Limelight)
Immigration Voice/Gandhigiri in News (or Limelight)
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answers_seeker
02-25 06:04 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
Jimi_Hendrix
12-12 03:23 PM
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
RNGC
04-24 03:16 PM
Sandy_77
Oh man...very sad for you.....this should not be happenning
Where are you ? If in India, go to CNN-IBN, NDTV or some news channel and get your story out....You are not doing any crime, you are just telling your side of the story.... I just sent a PM to pappu(admin) to see how IV can help people stuck in India
Oh man...very sad for you.....this should not be happenning
Where are you ? If in India, go to CNN-IBN, NDTV or some news channel and get your story out....You are not doing any crime, you are just telling your side of the story.... I just sent a PM to pappu(admin) to see how IV can help people stuck in India
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