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  • Sandeep
    03-08 07:28 AM
    Pl. find here some more stuff about DOL/BEC and PERM.

    http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html


    I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
    The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
    Page 212
    "The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
    "ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."




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  • rajuseattle
    08-14 12:41 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.




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  • lavanyamohan
    03-16 11:08 AM
    Thanks for your info ISUK.

    I had my educational credentials evaluated last year and I missed last years quota in lottery. Can I use that for applying this years H1B or DO I need to get educational credentials evaluated again??

    THE ONLY THING that takes time is evaluation part of educational credentials.


    experts please answer




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  • gsc999
    09-14 12:13 PM
    How would we know the tune ? Ya got to sing and put that in you tube .

    That is where we need your help



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  • immig4me
    11-03 11:05 AM
    Interesting...
    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head
    Finding the criminals = priceless!

    Couldn't resist :D:D




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  • willigetgc?
    01-21 12:15 PM
    I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.

    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!



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  • newbie2020
    05-18 08:18 PM
    For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.

    One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......

    If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application

    It is always better to consult a Good immigration lawyer for Professional Advise.




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  • austingc
    08-17 02:32 PM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present


    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

    Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

    Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

    Please advise me..

    Thanks in advance..

    Regds,
    Raju
    Raju,

    This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.



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  • chanduv23
    09-17 03:01 PM
    Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead




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  • Rajeev
    10-29 05:16 PM
    To all the folks that attended the conference at YMCA Center in Woodbridge, NJ on Oct 28th,

    Thanks for participating . Please provide your feedback on the meeting i.e What you liked and what you didn't like. This will help us for the future meetings.

    Also please become more active and urge you friends and colleagues to become more active in NJ state chapter.

    Any suggestion on promoting our cause will be greatly appreciated:
    Some of the areas to think about are:
    a) How often we should hold such conferences?
    b) What other topics we should include. ( For example Financial planning for the community, given the uncertainity in the process)?
    c) In what way we together can help increase our number?
    d) etc...etc...

    The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
    a) We can have these conferences every two months or whenever core thinks so.
    b) I think we should stick to immigration.
    c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.



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  • deepimpact
    09-21 11:50 AM
    I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.

    Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.

    That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)




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  • jsb
    01-02 11:29 AM
    All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
    Ist Question
    I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
    I will really appreciate the help.
    ...?

    BTW, if your AOS case is already filed and pending, why do you need an attorney now? Aren't you just waiting to get the case adjudicated. I mean where do you expect attornyes to help at this point? Don't you think educated people as we are, can handle questions/queries ourselves? Renewing EADs, APs is just a routine form filing.



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  • jcrajput
    12-31 08:44 AM
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?

    Your help is greatly appericated.

    Thank you.




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  • atlfp
    04-08 11:42 AM
    I am wondering if there is any legal ground to force DOS to disclose visa usage each month. Obviously DOS has been playing this number game in a super conservative approach, which will definitely cause large amount of numbers to be wasted this year.



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  • windycloud
    07-10 10:33 AM
    The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.

    Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.




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  • 485Mbe4001
    05-24 01:25 PM
    Thanks for the contribution, you can call or PM any of the core members and you will be assured that every cent is being used for the common good.

    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

    Thanks,
    theOne



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  • bharani
    11-19 11:09 AM
    Anyone got the same thing? What can I do here?

    Refer to my comments in this thread http://immigrationvoice.org/forum/showthread.php?p=295160




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  • natrajs
    10-29 05:26 PM
    Dear Friends

    Please post your feedback on our Sunday Oct 28th - 2007 NJ - IV meet

    It will help the Tri State chapter




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  • josecuervo
    08-12 10:21 PM
    To celebrate the success :D

    Success of ???




    javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?




    ivgclive
    05-02 08:31 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....

    EAD is based on a pending I-485, you should go ahead to renew your EAD (as you work in EAD, do not let it expire). Consult a lawyer, send additional documentation along with the package that you have done so-and-so transfer.



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