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  • krustycat
    03-09 07:33 PM
    if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

    Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

    My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.





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  • digital2k
    08-06 12:44 PM
    *





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  • Libra
    08-03 12:30 PM
    Guys, I am july 2nd filer and i got my checks cashed and waiting for reciepts....your checks will be cashed soon dont worry........until then why start new threads on same topic....instead will go to contribution thread and will start our posting there.....howzatt





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  • paskal
    06-03 04:26 PM
    numbers are critical to lawmakers and so...
    don't think of this as spam!
    if it was useless orgs like AILA, ALIPAC and NumbersUSA would not be bothering with webfaxes to lawmakers.
    the legislative staff bunch them together and gauge the numbers of people interested in a particular provision or specific relief. therefore the emalils and the webfaxes, even though they have standard language are critical.
    As for including every single provision and relief in the webfax, this would not work. It has to be concise and specific with some core issues highlighted- remember iv works with major lobbying firms and certainly has input from people with a lot of experience. Webfaxes and e mails do buy access though for our core team and lobbyists and highlight our issue. Once that is achieved we have a much better chance of getting friendly amendments with various different kinds of relief- including things not specifically mentioned in the webfax itself.

    Having said this, it does not stop members from ALSO writing individual e mails to lawmakers highlighting our problems in your own language. I have done so myself and had very encouraging success in getting specific personal responses from the staff of some lawmakers. You all know who friendly senators are, write to them specifically by all means highlighting your individual problems, end my mentioning iv and it's work for skilled immigrants. I even posted the iv message at the end of my personalized e mails.

    Please send the iv web fax and e mails and do make the additional efforts as well. and don't forget to contribute...



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  • jungalee43
    01-14 02:52 PM
    You asked for any news at all and here is update posted today on immigration-law.com

    "01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

    Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
    As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

    Hope you feel relaxed for the day





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  • Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.



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  • Better_Days
    10-19 09:43 PM
    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

    The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

    Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

    The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

    Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

    Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

    If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

    Any comment on any of the above questions will be highly appreciated.

    Thanks for you time.





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  • LayoffBlog
    01-27 01:32 PM
    Specialty chemicals company Clariant AG said Tuesday it is cutting 1,000 jobs this year.Clariant said the job cuts are the result of a sharp decline in customer demand for its products in the textile, leather, automotive and construction industries.Source: International Herald TribunePosted in Chemical, Manufacturing, worldwide   Tagged: Clariant, Clariant layoff    http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1258&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/27/swiss-chemicals-company-clariant-cuts-1000-jobs/)



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  • desi3933
    06-21 05:21 PM
    I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
    Thanking you in advance.

    You need to have 2 (or more) approved I-140s for Priority Date transfer.

    Job Title, Description and Salary do NOT matter.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002





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  • cooler
    07-20 07:19 AM
    You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.

    In the last decade of living here a lot has probably changed in ones life. In my case

    1) Perception on life.
    2) Understanding the essence of being happy and what is truly important in life.
    3) Tired of the Rat race (IT job)
    4) Parents/old age
    5) Desire to simplify life and go back to the basics.

    Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??

    Anyways, these are just ramblings from a tortured soul.

    Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?

    cooler



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  • aadimanav
    08-31 12:00 PM
    There are 22,965 IV members. Won't it be good if everyone casts his/her vote. The result would be dramatically different.





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  • hpandey
    07-03 02:35 PM
    Are you going to Mexico on a personal or official company business. If it is a personal visit I would advise you to wait until the H1b approval comes through.

    On the other hand if its an urgent company work then I would advise you to consult a lawyer and do what they say .



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  • raju6855
    02-02 08:31 AM
    Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.

    Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?

    Thx





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  • b.rich
    06-06 12:19 AM
    take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.



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  • hebron
    06-14 03:09 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)



    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?





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  • lostinbeta
    10-21 12:23 AM
    As for me... I go buck-wild

    I start off with something, add something to it, add some more touches and voila.

    Sometimes I start with a custom shape, sometimes I start with the line tool, sometimes the paintbrush, gradient, whatever.

    Just try stuff out and go nuts.


    As for Edwin... he just has to think and his computer makes what is in his head.



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  • svr_76
    06-16 08:07 PM
    Start off your infopass with the following question.

    I am really desperate....would you help me, pretty please? ........

    And then proceed with the other questions you have on your list.

    After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.

    But am looking for relevant information rather than experiences.





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  • pamposh
    10-26 08:36 AM
    Can someone give the website where I can check the case status? thanks.

    here u go..

    https://egov.uscis.gov/cris/jsps/login.jsp;jsessionid=acbuRQ5kXPn7BeAyQyCxr





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  • stemcell
    02-11 11:55 AM
    MOE

    Please 'no more posts' and 'GOODBY' :D





    Escape_Velocity
    09-23 07:57 PM
    You can join the new employer either on H1 or EAD, though keep in mind both these options are mutually exclusive...





    belmontboy
    11-03 05:57 PM
    Do you guys think this 2008 election will have any impact on the immigration process?

    NOPE.

    Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]

    Now nothing will get done, and they will have no reasons.

    Welcome to world of politics my friend :)



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