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  • nogcyet
    10-30 04:07 PM
    My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.





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  • sundevil
    07-05 04:38 PM
    Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.

    labor Substitution ....Heloooo!!!!





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  • hebbar77
    12-16 10:43 AM
    I believe your h1b is void and you may not enter.. I am not a lawyer and this is my opinion only.





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  • quizzer
    10-11 12:43 PM
    Vic,

    when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?

    My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.

    All the best!!!

    Thanks



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  • Ahimsa
    10-05 08:40 AM
    I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
    ......


    Arsh,

    Good to know these info.
    Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?

    Thanks





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  • bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders
    http://hyderabad.usconsulate.gov/h1b.html

    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.


    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.



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  • Dhundhun
    10-19 09:27 PM
    #1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
    #2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".

    Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.

    Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".

    So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.

    We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.





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  • ttdam
    11-05 06:03 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05



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  • mzafar125
    09-22 01:24 PM
    Hello,

    I am getting ready to file my I-140. Can someone please tell me what additional documents I will need to file with my I-140 petition. I appreciate your assistance.





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  • newuser
    02-23 03:54 PM
    Me too.

    I use IE 7.0



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  • gcdreamer05
    10-22 12:17 PM
    Good morning everyone!

    I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.

    Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.

    Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?

    I really appreciate any hint/advice and thank the helper(s) in advance.


    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?





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  • sareesh
    02-15 11:07 AM
    To answer your question yes, you have to mention MS + 0 or BS + 5.

    Thanks,
    SG.



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  • Libra
    07-09 04:59 PM
    how to change my vote then???

    over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

    This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

    ************************************************** ***************************************
    ************************************************** ***************************************
    ***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
    ************************************************** ***************************************
    ************************************************** ***************************************

    ONLY EB2-INDIA PLEASE.





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  • pamith
    01-30 02:49 AM
    Congrats



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  • Siddharta
    01-11 11:03 PM
    Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....

    Do you have a link to this info anywhere (official website?)





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  • cinqsit
    09-15 10:57 PM
    This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.

    And surprisingly got AP in mail a whole week after that. Looking at the AP
    envelope it was postmarked after the EAD card was actually put in mail.

    So it might be that your AP is on its way. But 30 days sounds a lot of
    time. I would try and talk to the customer service and open a SR.

    cinqsit



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  • gimme_GC2006
    09-14 09:56 AM
    BUMP

    Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?

    Thank you

    In the application instructions..the address for private carriers will be right below the USPS address





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  • Canadianindian
    07-06 11:25 AM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
    Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it

    This is what I asked:

    Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.

    What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)





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  • sanju_dba
    12-21 10:30 AM
    Never saw how fire looks like....these sparks now and then sputter out of a fireplace of mounting frustation. Most sparks loose momentum because cold blowers are too many here.
    Tierd of hopes! and frozen by these cold blowers! :o





    Blog Feeds
    03-22 12:20 PM
    AILA Leadership Has Just Posted the Following:






    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIFSCboF__7AeZK2lm2lgbuX2gBTzKLvzu7u6XLMN2e6BJ4IUrYrhamOkb282Uan6xbQGIoGmaXKi0AaXb-PQ_bJn0aM2R5DzL-HGOuH8XYBmz1kYlS977DfFEuZFUPMaGdM-7LLMVL0s/s320/2010-03-22+Statue+of+Liberty.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIFSCboF__7AeZK2lm2lgbuX2gBTzKLvzu7u6XLMN2e6BJ4IUrYrhamOkb282Uan6xbQGIoGmaXKi0AaXb-PQ_bJn0aM2R5DzL-HGOuH8XYBmz1kYlS977DfFEuZFUPMaGdM-7LLMVL0s/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
    "We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

    The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

    It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

    The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

    Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:


    Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.


    This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.


    If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.


    Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.


    My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."


    Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.


    Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."


    As long as we don't shut our doors.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)





    fittan
    09-18 11:18 AM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.



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