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  • dalssunil
    09-19 08:57 PM
    Dear dreamworld,
    First of all thanks a lot for your reply and i further have some question if you could please help me understand that. the situations is that I have given my New I140 (EB2) to my lawyer and all he did was took a copy of my I485 receipt notice and said he will send that to USCIS. My PD on EB3 is Feb. 2003, how would I come to know if my EB3 PD was ported to EB2 by that I mean to how I would come to know if my I485 was ported to EB2 and still have PD of Feb 2003...

    Thanks In advance�





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  • soni7007
    08-07 12:54 PM
    U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.

    U'r logic should be similar to the below scenario..

    A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.

    Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.

    sunnysurya and rollingflood,
    Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.

    Ok, i will try to make it as simple as possible:

    2 guys (names - JE and MBA respectively) graduate with BS in Engineering in 2001.
    Both go to USA in 2002.
    JE goes on H1B (as Junior Engineer) while MBA goes for an MBA on F1.

    In 2003, JEs company files for his GC, PD 2003, EB3
    In 2004, MBA graduates and joins a company as a manager.
    In 2005, MBA's company applies for his GC in EB2, PD 2005.

    So far so good.

    Now, it is 2008. Both are still waiting for their GC.

    Ideally, both are in same position (they should be, as both have same amount of exposure to professional world after undergrad - one replaced the work experience by higher degree and vice-versa).

    Now, JE wants to port his PD and get into EB2 category with PD 2003. This will make him exactly 2 years ahead of MBA. If he doesn't port, they are approximately in the same situation, so the chances of them getting a GC in 2009 will be same.

    What do you think is fair?

    P.S. - I do not support this lawsuit.





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  • kewlchap
    10-11 10:54 PM
    @ Neelu:

    a. Contact your senator and your congressman/woman. I contacted both. Senator's office had a very nice system of faxing in your request, just for USCIS issues, so I did that, and got a letter in three days stating that Senator has contacted USCIS for me. Later, I got another letter which included USCIS response. If there is a number for your Senator's office, I suggest pick up the phone and get talking to them.

    b. I will get started immediately instead of waiting. You do not know if your IO is working on other EB-2 India applications. He could be working on a chunk of EB-4 applications and not even picking up your application from the holding area, where it can lie for many days.

    c. I feel that you should submit 7001 unless you believe you know where your application is. Meaning, if multiple IOs / infopass tell you the same info, then it is probably true and you can wait. If you get nebulous answers like "wait 60 days", then submit 7001. I dont think there is any reason / advantage of an attorney submitting it. I filled it out and FedEx'ed it overnight to Washington DC.

    Someone else asked me for the POJ method for TSC. I just followed the POJ instructions listed on this forum.

    Hope this helps, and good luck!





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  • lotsofspace
    01-08 04:18 PM
    Background:

    It will be really great of we can get some or all of these requests are granted.
    I have some friends who had their GC in in 16 to 18 months from soup to nuts. They changed the jobs to some thing really entirely different and better yet they stopped working and started their own companies and recently naturalized as Citizens. So they only honored their intent to work for the same company for 18 months MAX and they are citizens.

    Where as many of us are working for the same company for YEARS together.

    Question :


    Since many of us have already fulfilled our intent to work for the employer many times over, why would we still need to get a job in Similar or same occupation to change ?


    I know we are now requesting them to change the definition of same or similar so that I can take a promotion in the same field. What about people who acquired different knowledge and want to put to use ?

    A friend of mine wants became proficient in photography and wants to become a professional photographer full time. He can't even in new case.
    Another friend got a MBA finance (currently working in IT) can't become a financial consultant or investment banker. But for the retrogression, they could have done what they wanted the second day after getting the GC.

    Did it ever occur to the core to request a relief so that , if you worked for the company in the job for which GC is filed for XX years (say 5 for example), you are no longer required to look for the same or similar occupation when you change the job ? (Because of the delay in approval of the case due to retrogression and you have already made good on your promise of working for the company.) .

    Or is it too much to chew ?

    PS : This is not to find fault with any one (person or organization). Let the ideas keep coming.



    ---------------------------------------------------

    Minds are like parachutes. They only function when they are open.



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  • BharatPremi
    03-24 03:34 PM
    http://immigrationvoice.org/forum/showthread.php?t=15304





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  • GreenCard4US
    10-31 03:36 PM
    I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?



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  • jasmin45
    07-13 07:12 AM
    Sorry if a thread already exist to track Lou Dobbs statements and speculations on CNN about Immigration and other issues. Looked around since yesterday but could not find any.

    As Greg Siskind suggested,
    -------------------------------------------------------------------------------------------------------------
    "The best thing I think you can do is to aggressively fact check him. He should be monitored every night and every statement in his immigration stories should be researched to determine accuracy. The most effective way he has been dealt with is the way 60 Minutes did it when they reported on some seriously incorrect statements he reported. He gets EXTREMELY defensive when he's questioned on his factual reporting.

    It's hard to attack him just for his opinions. But CNN holds itself out as a credible news organizations and they are sensitive on these issues.

    If there was a team of people who know immigration issues well and if we could find regular examples of false statements, I think the pressure would increase. Such documentation would also help for pursuing any efforts to get advertisers to pull out from the show."
    -------------------------------------------------------------------------------------------------------------

    Request members to post all the statements from Lou Dobbs on this thread. Also request members to run a fact check on his wild speculations and include them along.





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  • 485-485
    10-04 10:03 AM
    I am on the same boat with you. Got a receipt # but it's void in their system while online status is still pending. They said my package was send back 50 days ago but my lawyer and I didn't see it yet. my lawyer only told me to wait and said there is nothing we can do but wait.. really frustrated



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  • CADude
    10-10 05:54 PM
    I send my Employment based I-485/I-765/I-131 application on June 29th 2007 and received at NSC on July 2nd 2007 (USPS Express mail tracking no. XXXX). It�s more than 100 days and I didn�t even received the Receipt Number for all the applications.

    I have following question for CIS Ombudsman�s office:

    1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?

    2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.

    3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?





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  • nojoke
    11-25 10:52 PM
    Exactly!

    So then we all need to agree that the person foreclosing has no right to blame the lender. It is people like you and me whose tax money will be used to bail out banks that have the right to blame them AND the borrower! :)

    100% with you. What is so irritating is that these guys (both bank and the individuals) are getting away with 'nobody saw this coming'. I have been begging my friends not to get into this mess for years. If I can see this, I am sure the banking professionals, economist would have seen this too. They just wanted to make money (greedy %&*^%^&*). Probably they thought the government will bail them out since all the banks are doing it anyway. After this mess is cleaned out, no one will again talk about flipping house for a long long time:D



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  • walking_dude
    01-11 02:55 PM
    Right. We are already here and working . How will we displace any American worker if we get the Green Card?

    ALIPAC should be renamed to Alibagh !

    How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D

    This is beyond ridiculous!!

    Guys we need to send in our letters!!





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  • shouldIwait
    05-10 09:35 PM
    Please refrain from this cheap low level talk. By talking like this you are demonstrating you lowly state-of-mind, nothing else. :mad:



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  • pappu
    06-21 01:55 PM
    MAN !!! this is confusing ...
    -- Sheela Murthy says not to apply multiple I 485
    -- Rajiv Khanna says you should apply
    -- My attorney says .. it is my call....
    -- some guys tell me ... apply independently and then join the one that is reaching towards completion..

    and I am confused and frustrated........
    but really .. what should a man do ??? I will kneel down and ask god .. I will let you guys know what he has to say ..... :(
    ArunAntonio, can you pls help search other threads so that we can lay all arguements in one thread and see how different lawyers approach this issue. Only pick answers from lawyers and no opinions. Once we have all advices in one place it will be easy to decide and see pros and cons





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  • kshitijnt
    01-29 05:07 PM
    I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.

    This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.

    Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.

    regards
    just anotherone of the expendable non-citizens

    All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.



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  • akela_topchi
    08-07 11:11 AM
    Knowingly, or unknowingly, you are dividing this community on meager self-interests. That's the worst somebody can do to IV.

    We don't need NumbersUSA to divide us when people like you are here...





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  • sledge_hammer
    11-25 06:36 PM
    You're not getting my point! If you the merchandise is defective it is perfectly fine to return it.

    Why do you guys feel the need to simply assume things and put words in someone's mouth and then go off trying to show off their opinions????

    Go back to my post and read!!!!!!!!!

    Well, whether a merchandise can be returned after using, depands on the nature of the merchandise and the level of customer service provided by the seller.

    If you are buying a TV or a home theater, you don't know if it is functioning properly until you use it. And returning it within stipulated "return period" is not only legal but also ethical.

    Some high-end sellers will even guarantee customer satisfaction by allowing a return any time, yes any time if the customer is not fully satisfied with their product. There is nothing unethical about this. That is why these high-end stores charge you a premium in the first place.

    Not allowing return of merchandise reflects the low level of customer service we used to get back home. Obviously that level of service expectaion has been engrained in us so much that we believe returning used merchandise, even when the customer is not satisfied, is unethical.



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  • snathan
    08-20 12:28 PM
    one question?? does it need high speed cable or DSL can work too???

    You question is not clear. Yes, the internet connection wont be affected and the phone line can work with Cable or DSL.





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  • nk2006
    01-15 11:13 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.



    Mohican,
    Your frustration is understandable but talk to a good lawyer and open an MTR immediately. From your description yours is a good example of how USCIS is confused about AC21 cases - work with your lawyer on MTR it seems MTR's are successful in most cases. Also please take time and contact Ombudsman to file DHS Form 7001 as suggested at: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.

    (look back in this thread a few other members had similar issue - I485 denial upon withdrawal of I140 by previous employer - contact them directly to get specific lawyer info).





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  • aristotle
    05-22 06:32 PM
    If you can restart ur app in Eb2, you should be fine dates wise. Unless CIR messes it up.

    Approximately 2 months for PERM and then you can file 140+485 concurrently.
    All the best!

    Company A applied for my GC in Oct 2002. I received I140 and left the company on good terms and joined company B. company A promised that when my date becomes current they will authorize my 485. Now that my date is current, the company A is saying they cannot give me an employment letter because they are not doing well financially. The company has not more than 3-4 employees and they had been suffering losses for last few years. Now even if they have good intentions for me, they are unable to file for me.

    What options do I have now? restart GC process with company B and utilize my priority date?

    Please help. For a day I was excited about my date getting current but after al there was no reason for me to be happy.

    thanks,
    Kapil





    kshitijnt
    05-09 10:29 PM
    Let us talk about the "skills" introduced by H1/L1/offshore companies

    a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
    b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
    c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
    d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
    e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
    f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies

    Should I add to this list of "skills" further?

    Hey Hunter, were you born in this world with C++ knowledge baby? I have said to some of my managers and also clients that I was interested in the job because I wanted to ramp up skills in that area and they were more than willing to give me that job.

    And let me guess, you are someone who hates Indians, isnt it, so why dont you spend some time upgrading your skills , will help you in your own personal skills and career? Rather than waste time on this board.





    bkn96
    01-06 09:50 PM
    My MTR is still pending with USCIS since 6 weeks. I sent form 7001 to Ombudsman office and got a one line reply that 'your case problem request is currently being processed'

    Sent letters and supporting documents to 2 US senators, but i got standard reply from them saying they need 30days to find the status. Office of one senator (NJ) was very helpful but not sure how this helps in resolving my case..



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