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  • black_logs
    04-13 08:40 AM
    Guys today is the last day we can comment on the 45 days Labor expiry. Please send emails to the DOL and express your disagreement with the new law. It is unnecessary and unwanted. When labor substitution is being eliminated, there's no need for this rule. The content here contains their email etc, please send your comments today. Take it as extremely important issue as we may not know we'll wait for years for the labor and we get kicked out just if DOL posts it late. Guys also please write your comments on this thread so that this thread stays on the top today.
    ----------------------------------------------------------------
    SUMMARY: The Employment and Training Administration (ETA) of the
    Department of Labor (Department or DOL) is publishing a Notice of
    Proposed Rulemaking (NPRM or proposed rule) with request for comments
    to enhance program integrity and reduce the incentives and
    opportunities for fraud and abuse related to the permanent employment
    of aliens in the United States. First, DOL is proposing to eliminate
    the current practice of allowing the substitution of alien
    beneficiaries on permanent labor certification applications and
    resulting certifications. Second, DOL is proposing a 45-day period for
    employers to file approved permanent labor certifications in support of
    a petition with the Department of Homeland Security, United States
    Citizenship and Immigration Services (DHS). Third, the proposed rule
    expressly prohibits the sale, barter, or purchase of permanent labor
    applications and certifications, as well as other related payments.
    Finally, the proposed rule includes provisions highlighting existing
    law pertaining to submission of fraudulent or false information,
    clarifying current DOL procedures for responding to possible fraud, and
    adding procedures for debarment from the permanent labor certification
    program. Under this proposed regulation, these provisions to enhance
    program integrity and reduce fraud and abuse would apply to permanent
    labor certification applications and approved certifications filed
    under both the regulation effective March 28, 2005, and any prior
    regulation implementing the permanent labor certification program. This
    proposed rule also proposes clarifying modifications of applications
    filed after March 28, 2005, under the new streamlined permanent labor
    certification process. The Department solicits comments on each
    provision contained in this NPRM.

    DATES: Interested persons are invited to submit written comments on the
    proposed rule on or before April 14, 2006.

    ADDRESSES: You may submit comments, identified by Regulatory
    Information Number (RIN) 1205-AB42, by any of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov.

    Follow the Web site instructions for submitting comments.
    E-mail: Comments may be submitted by e-mail to
    fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of

    the message.
    Mail: Submit written comments to the Assistant Secretary,
    Employment and Training Administration, U.S. Department of Labor, 200
    Constitution Avenue, NW., Room C-4312, Washington, DC 20210, Attention:
    John R. Beverly, Interim Chief, Division of Foreign Labor
    Certification. Because of security measures, mail directed to
    Washington, DC is sometimes delayed. We will consider only comments
    postmarked by the U.S. Postal Service or proof of delivery from another
    delivery service such as UPS or Federal Express on or before the
    deadline for comments.
    Instructions: All submissions received must include the RIN 1205-
    AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail
    or e-mail, will not be acknowledged. Because DOL continues to
    experience occasional delays in receiving postal mail in the
    Washington, DC, area, commenters are encouraged to submit comments via
    e-mail.
    Comments will be available for public inspection during normal
    business hours at the address listed above for mailed comments. Persons
    who need assistance to review the comments will be provided with
    appropriate aids such as readers or print magnifiers. Copies of this
    proposed rule may be obtained in alternative formats (e.g., large
    print, Braille, audiotape, or disk) upon request. To schedule an
    appointment to review the comments and/or to obtain the proposed rule
    in an alternative format, contact the Division of Foreign Labor
    Certification at (202) 693-3010 (this is not a toll-free number).

    FOR FURTHER INFORMATION CONTACT: John R. Beverly, Interim Chief,
    Division of Foreign Labor Certification, Employment and Training
    Administration, 200 Constitution Avenue, NW., Room C-4312, Washington,
    DC 20210. Telephone (202) 693-3010 (this is not a toll-free number).
    Individuals with hearing or speech impairments may access the
    telephone numbers above via TTY by calling the toll-free Federal
    Information Relay Service at (800) 877-8339.





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  • rajeshalex
    07-15 12:08 PM
    If she has a valid H4 in the passport till Oct 2010 , then she doesnt need anything else. However carry a copy of H4/H1 approval





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  • dixie
    02-23 03:54 PM
    why don't we also lobby for a provision to make us eligible to be president of the US ? why only native-born citizens ?

    Seriously, IV has no shortage of ideas to add to its agenda. What IV does have a shortage of is enough members willing to contribute to their own well-being.





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  • Munna Bhai
    05-20 07:29 PM
    Yes, I got the approval email on Friday.
    I'm pretty sure that I updated our tracker too.

    Thanks for the wishes.

    // -----

    I raised a second service request about 23rd April, so USCIS had until 24th May to adjudicate. I had them record in that service request if there was no action by 5/24 that they would next hear from my Congressman's office, and I had been preparing for WOM if that got nowhere.

    My wife had to travel yesterday, so I'd been a little distracted recently. I just got round to calling law makers about bills this morning. So I'm still active, and still a spokesman.

    She will be in the limbo state when she returns not really H4 but no I-551 in her hand either, and no AP. However, all my research on this leads me to believe that IO's are sensible humans, indeed we spoke with an IO last night at the airport, I've given her the receipt notices and USCIS memo about H class travel without AP, and a cover note.

    :D

    Congrats Mark....It's wonderful to know that you got GC...Enjoy the freedom



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  • Ann Ruben
    02-19 12:40 AM
    Snathan is correct. It does not matter who is paying the fee, or which party has the more substantial relationship with the lawyer. When an attorney files a G-28 for an individual, an attorney/client relationship is established and the attorney has a is prohibited from acting against the clients wishes or interest.





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  • indyanguy
    09-02 11:07 AM
    We applied 140/485 on July 2nd (NSC) and still haven't received the receipts even though the receipting date shows July 26th. Why's that?

    Thanks



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  • gcdreamer05
    08-06 11:05 AM
    SRC-07-255-XXXXX (RD July 2, ND Aug 27)
    Not approved (latest status "RFE notice sent Aug 4" - possibly medical)


    Are you going to do fresh medical now because the medical forms have changed, or will they accept the old medical that you had completed, please explain....





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  • same_old_guy
    08-21 04:35 PM
    Suppose someone was on H4, received EAD and moved to AoS/EAD status. Now his H4 is no more valid but he still has H4 visa stamped on his passport.

    Now, he goes out of the country and at the point of entry he used old, unexpired H4 to enter the country, i.e., trying to get back to H4 status since his spouse is on H1.

    After entering US with H4 status, he again changed his status to AoS/EAD and started working on it.

    First off, is it possible at all ? I mean maintaining both H4 ( for entry) and EAD ( for working) ???

    Anyone is similar situation ?



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  • spbpsg
    08-19 11:44 AM
    My wife and kid are in india on AP. They are coming back this weekend but their GC got approved last friday. What we have decided is to let my wife & kid pass through immigration at POE with AP. Hopefully immigration officer will break the news to her that their GC got approved and let her in.





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  • WaldenPond
    05-25 07:00 AM
    Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.

    Here is the link that provides information about the talking points and phone numbers of the key Senator offices:

    http://immigrationvoice.org/forum/showthread.php?t=942



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  • hebbar77
    05-20 01:41 PM
    Can you consider removing the company name in the original post? Just say "MEMS company in North East" or equivalent. Your friend might get in to trouble if he posted on a public forum that company XX is in financial trouble. That is insider confidential information and it may appear unprofessional.

    BR

    removed the company name! Thanks again





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  • bekugc
    07-18 10:56 AM
    sailesh;

    u can also post ur qns on ac21/mtr on forums.
    most seniors will answer u pin point if ur qns are not falling in the "grey" area.
    if it falls in grey area, then most will advice u to seek a lawyers advice. so pls try and may be ur qns are mostly factual and you cud get pretty decent answers even before going to a lawyer.

    as for murthy/rajiv, even tho some have had not so good experiences, in the end have good knowledge and have done lots for the Immi community.

    they have grown to become big organizations and many hands on deck are there right now. so sometimes if ur case is in bad hands , it may not be the owners or org's fault.

    their key strenghts are good knowledge of law and for a reasonable case they not afraid to challenge the intrepretation of the law in favor of the candidate. you can listen to their taped conf calls, you will hear many times "the law doesnt categorically say .xxxx.. so we cud still leverage on that and try." and try-ers r usually winners. Also if ur in a desperate fight upto the hilt, then the reputation of who represents you may matter. if these high profile lawyers win large % of their fights, the justice system notices and in the back of the mind it may have things like "if not reasonable , then they may not have picked this up"...so thats another advantage. Lastly from personal experince i know that sometimes to get a case going , we may need a a "phone call" from the lawyer to his officer-friend/acquaintance at the INS or someother govt department. We keep hearing the murthy delegation met this guy/that dept, etc etc. So id guess in a serious fight, they'd definitely make a few phone calls to get the facts before they arrive on official paper:-)

    this is just my opinion but i hope you get ur answers...



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  • pappu
    04-29 09:34 AM
    /\/\





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  • webm
    02-26 01:52 PM
    I understand my PD should be current but thats not my question. Please read carefully.


    Why are you looking for Pre-Approval?? Also fyi.. they will keenly check the 485 data before doing any final adjudication..

    Take it easy!!



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  • dpp
    10-07 12:34 AM
    My attorney Rajiv Khanna's office sent me scanned copies to me.They asked me to let them know if I need originals so that they can mail them.I didn't ask for it this point.Do you guys suggest me to get them and keep it with me?

    Samething happened to me with Rajiv khanna. They sent me the scanned copies of all receipts and then they asked me to reply to that email formally requesting the original receipts. I have sent the reply and they mailed all origical notices immidiately. They are very professional to me all times, atleast as far as i know.





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  • Life2Live
    11-07 12:39 PM
    From Which service center?



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  • gene77
    06-24 08:05 PM
    I Know that we can send our personal checks. I happened to come across a post y day that said company checks show good relationship between employer and employee. I am not sure if its a coincidence or not, Two gentlemen I spoke with y day were a bit surprised, when I told them I am going to use my personal checks or teller checks. One of them was asking, if sending our personal checks is permitted. Whats wrong with sending personal checks? Any one who filed themselves???

    I do not see any thing in the direct filing instructions about which states need to file where. My service center would be VT geographically, but we all know that it must be NSC/TSC for 485. Where is the listing? I have seen 2 or 3 people last year who filed with NSC, cases transferred to TSC and got GC/EAD/AP everything together in 45 days. No kidding.

    I was thinking of getting cashier's checks made to DHS. I'm not too sure if personal checks are accepted - I've never read about anyone submitting personal checks to DHS, have you?





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  • digital2k
    09-09 05:29 PM
    IV ROCKS

    Great step for the community


    http://immigrationvoice.org/forum/misc.php?do=cchatbox

    Dear IV members. We have introduced a new feature for our members today. This chat will allow us to chat with each other and get answers to our questions faster. IV core team will also come on this chat and answer questions from members. The chat feature will also be extended to lawyers in future and members can chat with immigration lawyers in and ask them questions.

    Please note that this chat feature is only available to users with a certain number of minimum posts and reputation points. If you get the dreaded 'red dots' and do not have reputation points, you cannot access the chat. This is done so that the chat is self moderated. Please be respectful to other users in the chat.

    Happy Chatting.





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  • senthil1
    03-12 06:01 PM
    Not all of them in h1b are applying gc. Top 5 H1B Indian companies TCS,CTS Wipro,Satyam and Infosys are not processing GC. So less than 40% of people only apply gc. In that some of them are not serious. So if 650k people comes on H1b Only 200 to 300k people should have applied Gc. 70% of H1b persons are Eb3. So EB3 is in very bad shape. Also no adjustment was done for H1B increase from 2001 to 2004 to 195K. If some temporary relief is done by giving one time increase of 100k to 200k gc will make PD picture much brighter


    Here is a very brief and very conservative estimate of the backlog. This does not even take into account the number of workers who have been in the US far longer but were unfortunate in not being able to acquire priority dates prior to the current cut-off dates. This was done by me in a very small amount of time. Members are free to do their own research to come up with more accurate estimates. I wanted to attach a PDF, but for some reason, I am getting an error in uploading information.

    Estimate of backlog numbers
    Category 2003 2004 2005
    India China India China India China
    H1B 75964 12501 83536 14636 102382 11801
    Students 52553 61448 52920 68476 61146 54574
    Total 651,937
    Source:
    Yearbook of Immigration Statistics

    Assumptions:
    1. Only India and China were selected for conservative estimate
    2. Only H1B and Students were included in the count for these countries as a conservative estimate and since these visa categories form the main source of Form I-485 filings.
    3. Per the Visa Bulletin- March 2007, the cut-off dates for these countries are:

    Category China India
    EB-1 C C
    EB-2 22-Apr-05 8-Jan-03
    EB-3 1-Aug-02 8-May-01
    Other 1-Oct-01 1-Oct-01

    In addition, EB3 for ROW and Philipines has a cutoff date of 01-Aug-02 and 15-May-01 for Mexico
    The cutoff dates for other workers for ROW, Mexico and Philipines is 01-OCt-01
    As seen from the dates above, the actual number of pending applications will be much higher.
    However, with the natural flow of people back to their original countries, it is felt that number in the Table above is a good conservative indicator of the estimated number of backlog.
    4. The data available is only through fiscal year 2005. Data for 2006 is not yet available. This is another reason for assuming the 650,000+ as a conservative estimate.
    5. Spouses and dependents were included in the student estimates, but not in the H1B estimates as data were unavailable.





    obviously
    03-04 10:59 PM
    Folks, please consider printing out these flyers and mailing them to your Senators!

    http://immigrationvoice.org/forum/showthread.php?t=3361

    Printing in color $ 10
    First class postage $ 5.50
    Legal immigration resolved PRICELESS

    Obviously





    americandesi
    11-07 07:15 PM
    Jibjab,

    Refer http://en.wikipedia.org/wiki/Moral_turpitude. It gives a detailed interpretation on "Crimes involving moral turpitude� and "Crimes not involving moral turpitude". The former has serious immigration consequences whereas the latter doesn't.



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