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  • dpp
    02-12 12:35 PM
    It is only either Nebraska or Texas now. No other centers process I-140. For Texas center, it is appx 1 to 3 months. But for Nebraska, it is anytime from 6 - 9 months.





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  • amsgc
    02-01 12:11 AM
    On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
    http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx

    Scroll down to Dec 12.





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  • meridiani.planum
    05-11 02:36 AM
    Hi All,

    I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

    After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

    My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
    I am asking this because I want to be prepare if any RFE come regarding this issue.

    I will really appreciate any kind of response/guidance in this matter.

    I really need solution for this problem.

    Thanks in advance.

    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.





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  • dreamworld
    11-09 02:58 PM
    If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.



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  • boreal
    09-24 05:48 PM
    Hi Gurus,
    I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.

    I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.

    Are there any catches in this rule.
    Please advise me.
    I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).

    R





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  • adde72
    06-30 10:58 AM
    and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.

    Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.

    If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .

    Members
    Please dont answer any questions relating to that topic .Kick the guys out



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  • chnaveen
    06-09 06:46 PM
    After the July 2007, there was July 2008, and then July 2009 before July 2010.
    So no need to think about that July 2007 every now and then.
    We should do our best like the one we just had, the Advocacy days in DC.

    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.





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  • itsmesabby
    06-30 11:07 AM
    Hi Elaine... could you please address the question from mhtanim above..



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  • Flash-Matic
    10-28 10:38 PM
    How much do you expect the "earnings" to be?

    Dono depends how good we are togather and what we are doing but id like a decent amount





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  • ivgclive
    05-10 10:22 AM
    VB will come today.

    I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.

    We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.

    What do you say?

    You nailed it my friend.

    I have been thinking of it for years.

    It has to be discussed very seriously.

    Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.



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  • isedkeem
    12-04 03:53 PM
    Somebody needs to look at the issue of mismatch between increased H1-Bs and visa numbers for greencards. Otherwise the current green card backlog for some EB countries will only widen leading to untold suffering for people from many countries. Maybe they should have a new visa similar to H1 but which does not allow the holder to apply for a green card. The better solution is of course recapture of visa numbers. Simply increasing the H1-B quota will be quite detrimental.





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  • Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi9gvqsErAftO41fg-4Sbu7UbiQVa5cBFnPiI9bTyYKF1HnmyJH_vuitRIS9qxr5DaS5br0kd0g-ZPqgLwn_KKrJhzQnZBY1qw3TWD0NCJcKKIOpaSFX98xDRl6AZureWlVIGRUSGux0L0/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi9gvqsErAftO41fg-4Sbu7UbiQVa5cBFnPiI9bTyYKF1HnmyJH_vuitRIS9qxr5DaS5br0kd0g-ZPqgLwn_KKrJhzQnZBY1qw3TWD0NCJcKKIOpaSFX98xDRl6AZureWlVIGRUSGux0L0/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)



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  • psaxena
    06-26 01:02 PM
    Planning to have the conference call Friday evening 4:00PM AZ time

    PM me who are going to join the conf call

    Free Conference call Info

    Conference Ph:

    (218) 339-2500


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  • Lasantha
    04-01 05:46 PM
    I agree 100%

    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..



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  • Sandeep
    02-01 10:00 AM
    http://www.businessweek.com/bwdaily/dnflash/feb2006/nf2006021_1615_db038.htm
    "Immigration. Despite intense pressure from social conservatives and conservative GOP populists, Bush stood firm against immigration restrictions that cut off economic opportunities for all newcomers. "We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he told lawmakers, some of whom are pushing immigration law changes that Bush opposes.
    Such talk is music to the ears of businesses that rely on immigrant labor. But the President will have to hang tough to avoid tough immigration restrictions sought by his party's right wing. "

    http://www.competeamerica.org/news/alliance_pr/20060131_state_union.html
    "President Bush understands that continued American economic leadership is not a birthright. We must do everything we can to keep our workforce competitive. This includes a commitment to better math and science education, new worker training programs and improved access to highly educated foreign workers," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair.





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  • kumarr
    06-12 09:28 PM
    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:
    -------------------------------------------------------------------------------------------------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
    --------------------------------------------------------------------------------------------------------

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.



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  • Flash-Matic
    10-28 10:38 PM
    How much do you expect the "earnings" to be?

    Dono depends how good we are togather and what we are doing but id like a decent amount





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  • ssdtm
    12-11 04:49 PM
    Here is good thread that answers most of your questions

    http://www.immigration-information.com/forums/showthread.php?t=1129&page=6





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  • butterchicken
    04-28 02:10 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.





    kumar1
    07-18 01:39 PM
    ------------------------------------------------------------------------------------------------

    Please do not use abusive language. - Administrator2





    MatsP
    October 25th, 2004, 02:09 AM
    I like the sky in #2, but as someone said "what's behind the fence". It's just not telling enough of a story. But the sky is a keeper for some PS work... ;-)

    My vote is for #4. I can't really tell you why, it's just the one my eyes keep coming back to...

    All of them have nice DOF. I guess they are at 18mm on your 18-55?

    --
    Mats



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