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Wednesday, June 29, 2011

google 1999

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  • indian111
    08-11 02:26 PM
    Has anyone tried expedite requests .

    1)If so , did the expedite requests via fax help?
    2)The NCSC do not give us any fax number?
    3)What would be the reason we can specify for expedite requests?





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  • GCSOON-Ihope
    06-01 05:15 PM
    DOL PROMULGATES NEW LABOR CERTIFICATION RULES
    Posted on:5/31/2007



    By Attorneys Robert L. Reeves and Elsie H. Arias

    Addressing concerns about fraud and abuse of the labor certification system, the Department of Labor (DOL) recently announced new regulations regarding labor certifications, including ending employers' ability to substitute alien beneficiaries, imposing a 180-day validity period of labor certifications, and regulating the payment of attorney fees associated with the filing of labor certifications. These rules will take effect on July 16, 2007.

    As we have previously discussed in this column, the labor certification process is necessary for alien workers to gain lawful permanent residence through an employer for most occupations. Before the Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS) may approve employment-based immigrant visa petitions, the DOL must first certify to the USCIS that: (1) there are not sufficient U.S. workers, who are able, willing, qualified, and available at the time of the application for a visa and admission into the U.S. and at the place where the alien is to perform the work; and (2) the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

    One major change in the adjudication of labor certifications is the substitution of a beneficiary. Although not codified in law or regulation, the USCIS and DOL permits the substitution of new beneficiaries for pending or approved labor certifications to accommodate employers and their labor needs. Unfortunately, the DOL claimed that some unscrupulous lawyers and employers sold labor certifications to foreign nationals not originally identified as the beneficiary and where a bona fide job opportunity did not exist. To prevent this type of abuse in the labor certification system, the DOL will prohibit the substitution of alien beneficiaries on the rule's effective date. Previously-approved substitutions and requests for substitution! s made p rior to July 16, 2007, will remain valid.

    In its new rule, the DOL will also impose a 180-day validity period for approved labor certifications. Labor certifications are presently valid for an indefinite time, but after July 16, 2007, employers must file the I-140 immigrant visa petitions with the USCIS within 180 days of the labor certification approval. Immigrant visa petitions filed after 180 days of a labor certification's approval will be denied because the labor certification will no longer be considered valid. Labor certifications approved before the rule's effective date of July 16, 2007, will also be subject to the 180-day deadline, i.e., employers will need to file I-140 visa petitions based on these prior labor certifications prior to January 12, 2008.

    The DOL also clarifies in its impending rule that the barter, purchase, and sale of labor certifications is prohibited, and sets forth the ramifications for employers or attorneys engaged in this unlawful conduct, including suspension, criminal indictment, and disbarment.

    The most controversial part of the DOL's new rule concerns the payment of costs and attorney fees associated with filing labor certifications. The regulations are presently silent as to whether employer or employee should bear these costs, but the new rule clearly delineates each party's financial obligations. Effective July 16, 2007, attorneys representing both the employer and alien worker in a labor certification must be paid directly by the employer for legal fees associated with preparing the application and representation before the DOL. Employers will also be responsible for paying for advertisements and related costs, which the DOL believes will help safeguard the integrity of the labor certification process. These costs cannot be transferred to or shared with the alien worker. Should the foreign national retain an attorney to represent him in the labor certification process, and this attorney will not also be representing the employer, ! the fore ign national will be allowed to pay fees directly to the attorney. This particular rule may be challenged by various immigration attorneys through litigation for interfering with contractual relationships between an attorney and a client.

    Obtaining a labor certification from the DOL entails complex issues legally and procedurally for both the employer and foreign national seeking resident status. Employers and individuals seeking legal representation in these matters should consult experienced immigration counsel.


    For further information CLICK HERE - WWW.RREEVES.COM





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  • snathan
    05-27 08:06 PM
    2 questions

    1. Why does Mr.Gotcher say AILA lawsuit will have no impact ? If that is the case , then how come a plain letter will have effect?

    2. How to mention about audit cases in the final letter template given by RON? Think this needs to be mentioned some where .....

    It seems like AILA does not want to have a friction with DOL and wanted to have smooth relationship. So the chances for the law suit is very minimal and not sure when this going to happen. Even if the letter is not going to work, second step is to write to labor sec. Ron says he had very good success rate with that and most of the cases gor resolved. Thrid step is going to congress man/woman.

    I do understand the concern about giving the case number. But with out that they wont take the letters seriously. But its up to the case holders to decide.





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  • Macaca
    06-29 02:12 PM
    Although I used my lawyer to file my I-485 ( My date was current in June and I submitted all my papers to my lawyer on May 20th and actually it was filed on 27th June), I also prepared I-485/ead application myself over the weekend and when I compare this application with lawyer's, mine was more accurate because lawyer mad small mistake in my address.

    Anybody who follow this thread can prepare the application by him/herself.
    Both points above are very very true. That is, lawyers will make more mistakes then you and the forms are very very easy to fill specially based on info available in threads. It should not take more then 2 hours to fill the forms.

    Please fill the forms on your own and send them for Jul 2 delivery.



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  • Hassan11
    03-18 03:38 PM
    it does contradict with what they said in April VB, but Ron said that his source is Oppenheimer. so I would go with what he said. remember, it was Oppenheimer who told him back in Feb or early Mar that India EB2 will have a cutoff date in April.

    Thanks Hassan. This explains it but it also contradicts what they said in April Bulletin.





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  • cr52401
    03-01 09:05 PM
    There is nothing to be worry about. Sooner is better that later. At this stage there is no form sent for Perm and you don't have to be worry about change of address and so on.
    Talk to a good attorney too.



    mdforgc and other PERM gurus,

    Please help.

    I am in the process of filing PERM. Ads have been placed etc and all the
    formalities completed. Now, we are at a stage where the forms have to be prepared, signed and submitted. However, i am very unhappy with my attorney. He is unethical and i am afraid he will screw me up. So here are the questions


    1) At this stage ( not yet filed PERM) but on the verge of filing, is it possible to change attorney or is the job order etc specific to the Attorney.


    2) In form ETA -9089, in the Alien Work Experince section, it says to give the name of the aliens supervisor and the employers phone number.

    MY attorney says this is not required. Any thought on this. Did your forms mention this ?


    3) I am afraid my Attorney will deliberately mess up the form. What should I watch out for in the form before signing on it ?

    4) IS there any redressal system at all in this country for Attorney Malpractice ? Anyone taken this route before ?


    Guys, please help me as I have to take a qucik decision.

    Thank You



    more...


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  • raj3078
    07-19 06:34 PM
    Dont worry. If your LC still in BEC with old PD you are more luckier than the guys going to file 485 now. DOL commited to clear backlong by Sep 2007. Oct VB will come up with priority dates in stone age. If your PD is very old you will get GC with in 6 months. Filing 485 in July and Aug with very new PD will not bring them any fruit. They have to wait more years. 750K 485 and 750K EAD and 750K AP will result in choking the CIS system. They will feel the challange of renewal on time.

    I am very conficent that USCIS is not going to process all 750K at a time. They will definitly modify the processing method, fom current practice. First, they can not schudle FP for all 750K applicants in available ASC centers. So, they will sort the 485 based on PD, and process tham based on PD and country and catagory wise. A guy with PD 2007, will not get FP notice very near to his PD become current.

    so, you will be in better shape.


    Well said....The reality of situation is the only benefit for people who are filing now is the ability to change jobs after 6 months. As far as GC is concerned, it wont become reality for at least 5 or more years for people with 06-07 priority date





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  • smisachu
    08-05 04:51 PM
    Can we just walk in to the FP center even if it is not our date? has any one done this? My Wife got a FP notice and I spoke with the rep today. I had a open SR which got a response" We are actively adjucating your case but we need additional time to review..blah blah.."

    Maybe the FP is what is holding up the file and I was wondering if we could just walk in and see if they will take the prints. The appointment is next Thursday.



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  • Lasantha
    04-11 01:24 AM
    Wendall, thanks!
    No I did not see any LUDs. I checked the case status about 4 times during the day yesterday and did not see any LUDs and suddenly around 3.30pm got the welcome email. What is your RD? Looks like they are going by Rds. Hope you hear the good news soon !!!

    Congratulations Lasantha!!!

    My PD is Feb 2005 at TSC, since my PD became current on the 1st April, I have not seen any LUDs on my USCIS account.

    Accordingly, I was wondering what was your experience?
    Specifically did you get any LUDs before you received the "Welcome New Resident" e-mail?

    Thanks!





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  • NWISE
    05-05 01:30 PM
    My employer says that he has lodged my PERM in July 2008. As yet there is no news and neither does he provide any information regarding the status. Is there anything I can do to find out whether the PERM has been lodged at all? What are my options?



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  • by Google from 1999-2008,



  • Macaca
    04-08 10:50 AM
    For once, I disagree with you macaca. If someone is not being paid, it is not considered valid employer-employee relationship. Otherwise, what is the need for showing pay stubs during the green card process?

    Not being paid when on this so-called desk should be a violation of the intent of the H1B, and if there is a loophole that allows such a thing, it needs to be filled.
    I am saying that it is not illegal according to USCIS laws. You are saying it is unethical. I agree it is unethical!





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  • amitjoey
    07-11 07:01 PM
    http://immigrationvoice.org/forum/showthread.php?t=4847

    WHO TO CALL(your state or other state's senators)

    Tier I
    First, call 2 senators from your state.

    Tier II
    Patrick J. Leahy - 202-224-4242
    Arlen Specter - 202-224-4254
    Chuck Hagel - 202-224-4224
    Diane Feinstein - 202-224-3841
    John Cornyn - 202-224-2934
    Harry Reid - 202-224-3542
    Mitch McConnell - 202-224-2541
    Mel Martinez - 202-224-3041
    Trent Lott - 202-224-6253
    Lindsey Graham - 202-224-5972


    Tier III
    Then call all other senators as many as you can. The phone numbers are in the post below for your convenience. Please speak clearly and legibly, and emphasize on the words in upper case as listed below, so that the person listening can hear you well.

    Yes, the only difference being, we are sending letters - postage paid, regular letters.



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  • baburob2
    02-01 06:59 PM
    cool news. hope it is right and it survives and becomes a law.





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  • pappu
    12-21 05:46 PM
    A suggestion: this christmas, when you send greetings to your friends by email,
    also send another mail using Invite a friend tool

    http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55

    We need to have more members to succeed in the months ahead.



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  • desi3933
    01-12 05:03 PM
    What is the advantage of claiming trader status on your tax return? I buy / sell shares on different days of the week (example: Buy on Monday, Sell on Friday). Does that make me a day trader?

    I am doing this on H1B. I do have approved EAD.


    Introduction to Trader Status (http://www.fairmark.com/traders/intro.htm)


    __________________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • SGP
    04-13 05:37 AM
    $$$$$$$$$$$$$$$GOOD MORNING GC$$$$$$$$$$$$$$$$

    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.

    As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.

    Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
    Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative

    As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.

    The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
    -------------------------------------------------------------------------------------------------
    What can you do to participate?
    1) Vote on the poll/survey created by Pappu.

    http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

    Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated

    2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.

    I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)

    3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.

    Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.

    Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)

    (Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)

    Immigration Wiki -
    I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)

    ------------------------------------------------------------------------------------------------
    PM these members for additional info:
    nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
    Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
    ------------------------------------------------------------------------------------------------



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  • indian111
    08-11 11:14 AM
    E-filed May 22 for EAD renewal to TSC

    FP done on 07/16
    No updates and its getting close to 90 days .





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  • gckp
    05-05 10:21 AM
    Atlanta simply stop working on Audit cases for last 3-4 months.


    I think there are more people affected by this than 50 people mentioned in this thread. My recommendations are.

    1) Need to gather additional people got affected by this
    2) Most of the people already contribute to IV but if we need additional funds to drive this lobbying, need to find out and start collecting additional funds
    3) Need advise from IV moderators/seniors about the next step regarding lobbying or contacting the local law makers or collecting additional funds for organized lobbying.

    Other information we need to find out is does any people got LCA approved after the audit? If yes, how much time it has taken after the audit?





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  • nojoke
    01-22 09:41 PM
    Slumdog...I totally agree with your view point and in fact share the same. I believe you cannot put your life on hold waiting for GC or something unpredictable. I also agree with you that buying a house is a life style decision. You can live ur life hoarding cash living cheaply or you can live your life well. Also each has its advantages and its a personal choice.

    Also on another note I have become a fan of your blogs. I encourage you to write more and I am sure there are other people like me.

    That is a cheap shot.
    Let me try - Or beg the bank to lower your mortgage.





    ars01
    05-15 10:06 AM
    Hi

    Can I file for I-485 while I am waiting for I-140 approval. My PD is current under eb2 and my I-140 was filed on Jan-2007. I am going to upgrade to PP for I-140 but since lots of people will start going to file for PP, it is very much likely that NSC will issue RFE to reduce there workload. So my question is while I wait for I-140 approval, can I file I-485?
    Yes, my attorney just confirmed that we do not need to get I-140 approved and directly file I-485. YES!!!





    apb
    07-11 07:28 PM
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1810



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