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  • ingegarcia
    02-27 08:15 AM
    I got the same audit and Lawyer, Employer and me have to gather all documentation.... For business necesity they asked me to prepare a letter for this with all the skills needed for the job and support why a person needs XX years of experience and XYZ skills in the job.


    I received an audit as well. DOL needs docs as below. How long does audit cases take to process? Seems like my attorney missed some docs or is it common audit as he said it is a random audit?

    1. The documentation listed on the following attachment supporting the
    attestations made on the application
    2. A copy of the submitted ETA form 9089 with original signatures in Section L(Alien declaration), Section M(declaration of preparer(if applicable)) and Section N(employer declaration)
    3. Proof of business necessity as outlined by 656.17(h) if the answer for question H-12 is no, the answer for questions H-13, H-15 or H-17 are yes, or the job duties and/or requirements are beyond those defined for the job by the SOC/O* Net code and Occupation Title provided by the state work force agency.

    4. Documentation required for live-in household domestic service workers as outlined by 656.19(b) if the answer to the question H-18 is yes

    5. Notice of filing documentation as outlined in 656.10(d)

    6. Recruitment documentation


    Any suggestions?





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  • ravi98
    12-20 09:17 AM
    Citizenship is a long way for us, dude!





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  • lost_in_migration
    04-08 06:04 PM
    04/08/2009: USCIS Projected I-140 and EB-485 Processing Times and Ongoing Massive Adjudication of Pending Visa Number Available I-140 and EB-485 Cases

    * The I-140 and EB-485 waiters, particularly those who filed the cases during the period of FY 2007 July Visa Bulletin fiasco period, are currently receiving either the RFEs and approvals or denials en masse from the Service Centers, turning a lot of waiters into smiley faces. On behalf of all of these smiley faces, we want to send our message of "THANK YOU" to the leaders of the USCIS and the Honorable Napolitano of DHS for the action in place to remove the backlogs. Thank you, Thank you, and THANK YOU!!





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  • laborchic
    05-16 03:11 PM
    Called the first 3 and will call rest this evening or Monday..

    Any idea when they will be voting for these bills???



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  • kadarm
    04-12 10:10 PM
    My attorney sent to NSC. Should I file one again and send to AZ?. My Ead expires 1st week of July.





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  • anilkumar0902
    08-05 04:26 PM
    It is encouraging to know that your case is assigned to an officer that you raised an SR on Aug 3rd. An SR was raised for me on Aug 3rd as well and the customer service rep mentioned that my case is also assigned to an officer...

    So, Will Aug 18th be "the day" to look for ?? :D

    Good luck to you and let us keep all of our friends posted on the same

    Cheers



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  • nimb
    06-01 09:11 PM
    Phoenix lockbox. Paper filing. Card received on 06/01/10.

    Timeline:
    I-765 mailed to Phoenix Lockbox on: 03/15/2010
    checks encashed: 04/13/2010
    G-1145 email: 04/14/2010
    Notice Date from NSC: 04/14/2010
    LUD on 04/28/2010
    Card Production Ordered: 05/24/2010
    Approval notice sent email: 05/31/10, from email it looks like they mailed it on 05/28.
    Actual card received: 06/01/10
    Validity: 2 years, start date is 05/21 (not after expiry of current card)


    Hope this helps.





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  • susie
    10-10 11:34 PM
    and attach this



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

    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.



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  • nyte_crawler
    09-25 11:44 AM
    I quoted a fact (rational and valid) to argue your assumptions. I never even claimed to know what USCIS would do and how they would present the data. It was you who presented a theory to justify that we should not go with any change in the spill over. I want to know why you dont want EB3I not to proceed with this measure. Is it because you believe it will take away numbers from EB2 or EB3I is doomed with plenty of cases and any amount will not make any changes. I believe its perhaps the earlier than the later. See, we all have our needs and we all want to look for ourselves first (including you and me). Its basic human nature. We all can generate obfuscatory facts to push our agenda. But at the end does it justify the means ?


    I beleive you are selectively highlighting facts. Forgive me if I am wrong but there are two issues here

    1) Applications Pending by PD
    2) Applications Pending by Category (EB 2 & EB3)


    Now yes I agree a congress man can ask like how come I see Eb3 app from 2001 pending with you since 2001. Which means 8+ years. With Spillover to Eb3 the dates max go to 2002 so the question would be app pending for 7+ years

    With moving EB2 they can least claim that they have moved an entire category to current. Is that right or wrong is entirely a personal question but it is a valid argument from their side. Also look at it this way Eb1 I & Eb2 I currently have a gap of 4 years. and EB2 & Eb3 have a gap of 4 years as well.





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  • shantak
    04-12 03:14 PM
    you can send separately. On other forums I read that somebody receiving emails... but it emails doesn't arrive in 24hrs.... as the form mentions...
    I guess you can just wait for checks to cash and then get RN from back of it.....

    The instructions listed says that G1145 is for one of the three lockbox facilities and Dallas is not listed as one of them. However there is one for Lewisville, TX.

    Did anyone actually get a email/text message from Dallas lockbox (or for that matter any other lockbox)?
    Please let us know

    USCIS - E-Notification of Application/Petition Acceptance (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d9056d4e88ac3210VgnVCM100000b92ca60aRCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • chanduv23
    04-12 07:10 AM
    Folks, sorry I have not been in much action, with other stuff taking priority, but I would definitely like to know what it takes to do this? I have completely lost fitness due to bad lifestyle, long commutes to work, working spouse, small baby, and other tensions and I like this idea a lot.

    Nolaindian - can you briefly explain how this marathon works? Does every city have a marathon to which we register, is it a community? Who sponsers? Do we do it as IV? Do we all form a group. Are the rules set by us? Do we pledge????

    I can definitely start off with a short one - until I pick up on fitness :) Tri state members are more than welcome to join me :)





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  • franklin
    09-19 11:11 PM
    Hmmm... humorous stories...

    Well there was gsc999 and jazz trying to pull a "room service" gag on Drona and myself, but they went to the wrong room...

    ... I've heard some pretty hilarious tales about a comedic cab journey with a driver that wouldn't obey, and got some impromptu driving instruction by Logiclife...

    ... but a lot of the others must stay in DC :)



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  • sanan
    05-16 09:29 AM
    I am trying to get my part done ASAP. The lawyers are swamped, we all know.
    Can I get the medical done for my wife w/o waiting for the lawyer to start the process? It's been long since I got mine done, so I can't recollect





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  • sbabunle
    06-12 12:21 PM
    Ladies and Gentlemen
    With all respects, ,may I request to keep this thread only
    for CIR updates?

    Like many of you, I'm also affected by this. My wait is almost
    8 years now. I dont blame any body because I'm from a country
    where beaurocracy and corruption is more than this country. I dont
    blame anyone because it was my choice to come here and it was
    my choice to apply for a GC. Nobody forced me. I've always a chance
    to leave at my will. My strength is the belief that my gods will never
    let me down.

    Now I respectfully request everybody to update just the CIR updates
    on this thread.
    thanks for your
    understanding.



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  • BharatPremi
    10-13 12:09 PM
    That was informative.
    The wild cards are still the LC substitutions and EB2 to EB3 conversions. Even if a lot of people had to go back to India, is there any estimate on how many of these LC approvals were later sold by the bodyshoppers? Depending on the extent of LC substitution frauds (from what I hear it was rampant) all the calculations and estimates could get completely thrown off. I agree that we should wait for another 2-3 months for the dust to settle. Even the USCIS/DOS should have a good idea of how many cases there are and that will help them control the flow better and that should reflect in the visa bulletins.

    Oh Ya, in 2003-4, tons of "Virual Shops" were doing good business and that was covering coast to coast. And that's the problem, you can't tag the numbers to the effect of misdeeds, events bad or good. There was lot of talk aboout Indians going back but you would not find a single legitimate statistical article. but that does not mean we should not count the effect of that event. This mess is so severe, we just can not reasonabley predict based on available statistical data because so many events happened for which nobody has proper statistical data and so you can't tag its counter effects. I give you just recent example of this forum. Here one member Yadabada was just debating based on very logical set and he took the pain to go through all past damn bulletins showing me 2003 bulletins. I draw his attention that "India" was completing missing from the bulletins as "OverSubscribed" categories for most of the year 2003. Why? Now when you start analyzing this in 2007 and if you miss this important observation you start making your prediction base in diverted direction. Even in year 2003 nobody gave it a importance (AILA or whatever). USCIS has as apolicy put India,China,Mexico and Phillipines as "Oversubscribed" categories. Now if you think logically either particular country should have "Current" or some retrogressed date. But how do you interpret a bulletin if USCIS (Allaudin's Chirag) just make one country completely disappeared from the bulletin. Lateral interpretation could be "That country is no more "Oversubscribed" so why the hell it should not be "Current" if not "oversubscribed". USCIS plays this trick time to time. If you see bulletins from 1995, some time you will find China disappeared soem time India disappeared.

    The reality is that people started taking bulletins seriously from 2005 only. till 2004 most of us were not giving a damn to those and that is why 2001-2004 lot is paying the price as well.If the cry what we have seen during July 2007, might have been seen during 2003, I guess, probably things may have been little better.





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  • das0
    05-16 11:37 AM
    Hi Folks,

    My PD is current but my lawyer is saying that I CANNOT file I-485.
    Reason:

    My labor cert / EB2 was originated in Illinois and then amended for Virginia by G-28.

    Since my labor cert approval, i moved to Califonia - same job, same company.

    Now my lawyer is saying that I need to go back to Virginia so i can apply for I-485.

    Question:

    1. Do i have to go back to the same state/location at I-485 filing stage where my Labor was originally approved?

    2. Doesnot Green Card is for a future job?

    3. Can i file I-485 while I am in California and my labor was approved for VA?

    Please advise - thanks



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  • pmpforgc
    04-10 01:50 PM
    There is no harm in adding this also as the fifth item along with the existing 4 items. :D

    I think CITIZENShip years Credit or Reduction in the years is Make most sense for the highly skilled immigrant from India and China as those are the people who suffers most because of backlog and name check.

    I also think we should stick to the "five year federal taxes paid" beacuse that is what they expect from normal family based GC holder. Also adding Masters and Higher degrees in the STEM fields attract possible more support.

    We should not talk any where close to 10 /15 years waiting time as that is not what current system of citizesnship talks about.

    Also marriage based GC already has 3 years after GC rule so it may beeasy to get it.

    Making it more complicated like Percent credit for before GC filing, after GC filing, after getting GC May become hard and complicated to convenince politicains who might be amending those rules.

    So Keeping it simple - 5 yr federal taxes, MS or higher in STEM, 3 years after GC - you get citizenship (all of these has precedents)





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  • shantak
    08-17 08:44 AM
    thanks for the reply .

    I have my infopass for Aug 19 on my 91st day .So lets see.
    Meanwhile other than Infopass appt , have you done any other atempts to either expedite or contact senatorr/congressmen??
    Hoepfully all of us waiting forour EAD renewals for so long see some light tooo.

    No I did not do anything else. I have opened an expedite request but that was denied. I think they are finally processing the applications. If I were to guess you should be getting the CPO email this week. But do not stop your trials





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  • sathweb
    07-11 05:26 PM
    We need to acknowledge her support and do something to convey our happiness/gratitude over her reaction to this mess.





    pappu
    02-23 07:45 PM
    Immigration Voice Advocacy Days in Washington DC: 4th & 5th April, 2011


    Announcement:
    As the Congress is gets ready to consider solution to border security and high skilled immigration, we at Immigration Voice have concluded that the month of April is best suited to advocate for issues affecting all of us. It is your responsibility to speak up and actively participate in meeting with the lawmakers this April. You owe it to yourself, your family and your career to take care of your immigration process and we can help you be successful in that effort.

    Immigration Voice will hold Advocacy Days, Press Conference and Congressional Reception in Washington DC on Monday, April 4 and Tuesday April 5th.

    In the two days, we plan on having over 400 meetings with the Office of Senators, Congressmen and with the Administration.

    What you can do for yourself and your career:
    As we are beginning to take appointments on your behalf, we need your confirmation before we set up Advocacy day meetings for you. Please fill in the online form (takes less than 1 minute) to let us know about your plans. You can contribute to this effort in 3 different ways:

    1. Come to DC and participate (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36) | More Details. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html)

    2. Cannot come to DC but want to contribute financially (http://immigrationvoice.org/forum/misc.php?do=donate) | More Details. (ttp://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html)

    3. Alternative ways : Donate airline miles, Sponsor someone, Carpool, Host Members[ (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc.html#post2313932)


    This is a demanding project from management and co-ordination perspective. It will very much help us if you could please let us know about your plans to attend the Advocacy Days in DC, sooner rather than later.

    What Immigration Voice can do for you?

    1. Scheduling and logistics: Immigration Voice will arrange for meetings, advocacy material, and other logistics necessary for all the events during the Advocacy Days. You do not have to schedule meetings with congressmen or senators, leave that to us. Just fill out the forms listed above.
    2. Material: We will provide print-outs and materials to take to meetings and also material for you to study talking points.
    3. Training: We will provide training on Sunday April 3rd. It is imperative for you to attend this training.

    Why we should do this now? Why should you participate?

    1. It’s never too early to lobby: Legislative process is slow, frustrating and it takes many years. Success comes to those who are persistent and patient. The effort that we put in now is something that will bear fruit when an immigration bill is being drafted. You cannot parachute in to DC at the last minute when the bill is being discussed in congress. By that time it’s too late.

    2. Crowds and numbers matter: Big crowds have yielded success in the past especially during flower campaigns and San Jose rally which were consequential events to July bulletin reversal.

    3. Demand for fairness: This is not a request for favor from Congress. It’s a request for fairness. Always remember, we are in United States at the invitation of our employers and our employers have filed our green card petitions in order to retain us. It is only fair and only just to ask for a system that achieves that objective without delays and without putting the immigrants in probationary limbo for 6-12 years. And it is your obligation to yourself and your family to stand up for your rights and ask congress to legislate and fix the system so that it works the way it was originally intended to work.

    4. Personal satisfaction and pride : Just ask a participant of September-2007 DC rally or June-2010 DC advocacy event, how proud and how satisfied everyone was after the effort – not just due to impact – but just because they have stood up and spoken up for their issue.

    Please stay tuned for more updates about other updates and plan to carpool with local IV members, or book travel or hotel reservation in groups for group discount.

    Please take a look at the videos of some proud IV members who participated in events organized by IV like DC Rally, flower campaign and the San Jose rally.
    YouTube - immigration voice (http://www.youtube.com/results?search_query=immigration+voice&aq=f)

    See you in DC!
    Team Immigration Voice





    pasupuleti
    06-08 01:02 PM
    Basically talks about election year politics on this bill.

    http://www.cbsnews.com/stories/2006/06/08/opinion/main1694071.shtml



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