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  • 4yourforGC
    04-02 01:41 AM
    I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.





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  • oaktree
    01-13 12:03 PM
    I am planning on filing a new PERM as a prospective employee of a consulting firm and also have a PERM filed simultaneously from my current employer..
    Has anybody had any experience with this kind of situation, Are there any complications? would this be feasible...pls suggest...
    Thanks...





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  • validIV
    03-25 12:13 PM
    Donno what to experiment on this market...wether to try in related techologies or WAIT?

    Wait for what? You are technically out of status being unemployed for 4 weeks. Talk to an immigration attorney to find out what your choices are.





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  • praveenmoluguri
    09-20 04:24 PM
    My 140 was received at TSC on 23 APR 2007. I also have an lud 08/05 which is a sunday.
    does anybody see a pattern.



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  • acecupid
    06-04 05:20 PM
    These days all H1 transfers and extensions for consulting companies are attracting RFEs for client PO. I heard this from many friends. Also the extension is given only till the PO end date even if you are eligible for 3 yr extension based on approved I-140. Basically you have to prove your project pipeline to get a longer extension. :eek:

    Some of the RFE requirements are ridiculous.. like getting lease info for client office building and letter from president of client company explaining business relationship with petitioner. Big outsourcing companies will soon start moving more jobs and work offshore if this trend continues.





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  • Steve Mitchell
    November 21st, 2005, 07:51 PM
    This one...I sharpened it. Hope you don't mind.

    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?



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  • eb3_nepa
    06-22 09:16 AM
    Agree.
    Initial Evidence for I-485 includes
    1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
    2. Employment Letter (for GC job)
    3. Proof that person is maintaining valid status in USA since last entry in USA

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002

    When you say

    Proof that person is maintaining valid status in USA since last entry in USA

    What documents prove that exactly?





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  • Blog Feeds
    12-28 04:50 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivQUPbdKa86QTZUcbqlwIZEJZ6bW_Y7sxsCKgSsDFAl-JyO7_Vbp-hXpLHm3PvwDQhHF61fSSZ8HLeJo6hBeD4-7OV3uuOy3L-PePLZpI73uXyHJCR_h2F6fEGHX-itLyhzvS8Dnxlpj0/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivQUPbdKa86QTZUcbqlwIZEJZ6bW_Y7sxsCKgSsDFAl-JyO7_Vbp-hXpLHm3PvwDQhHF61fSSZ8HLeJo6hBeD4-7OV3uuOy3L-PePLZpI73uXyHJCR_h2F6fEGHX-itLyhzvS8Dnxlpj0/s1600-h/hebrews-detention.bmp)
    President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
    https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)



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  • Becks
    02-17 04:51 PM
    It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.





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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."



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  • kpchal2
    03-17 10:53 PM
    hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.





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  • visshy
    09-12 11:01 AM
    We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.


    Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.


    Thanks
    what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?



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  • xela
    11-12 10:23 AM
    Sounds liek a great idea, I am right there with you, because this just makes no sense.





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  • dan19
    11-07 12:34 PM
    Friends,

    Can you all post the names of good consulting companies to work for. Let's create a list here.

    Thanks,



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  • wheretogo
    12-08 11:55 PM
    I am also in Minneapolis.





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  • carbon
    09-12 01:14 PM
    Hi Guys,

    I am from India. Can I go to US Embassy in Canada for H1 stamping ?
    How to do that. Please someone enlighten me.. last time I heared you
    have to go back to your country of origin for H1 stamping. am I wrong.

    thanks



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  • trump_gc
    01-08 01:26 PM
    Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...





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  • peer123
    06-11 07:01 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT

    Be friendly.... Be Free... encourage people with positive words..





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  • Michael chertoff
    08-07 04:03 PM
    so far two..





    tonyHK12
    11-03 10:35 AM
    "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."

    The answer: A lot.

    John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.

    So to remove 10 million illegal immigrants, it would cost about $65 billion.

    There you go, senators. Will that be cash or charge?


    Interesting...
    I had this precise discussion last week.
    well you have to know that a sizable percentage of illegals are also criminals. My guess is 10-30%. you should know they have a bigger incentive to come here to establish "business"
    No price is too much to deport criminals. As for the regular illegals, there may be a better solution to be debated.

    The criminals should be put in the prison at country of origin. Well we have to pay the police anyway. With criminals there is no option of not spending.

    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head





    umar
    06-12 05:35 PM
    Hi all,
    I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.

    I'll really appreciate any thoughts n comments on ma situation



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