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  • sugaur
    04-01 07:21 PM
    I hope your situation straightens out soon. I personally would go the info pass way with all documents and try to persuade them to reinstate the case.
    Please report this lawyer to the bar association. Although I am not a big fan of litigation, this guy really deserves to be punished so he is more careful with the other cases he has. He probably has no idea what stress his silly mistake has caused you. I bet this asshole hasnt even acknowledged his mistake or expressed regret.





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  • eb3_nepa
    12-04 08:06 PM
    I'll belive it when i actually SEE it happen. Rediff and TOI report all sorts of stuff that is sometimes far from the truth. Remember when the bill was introduced in senate and was being debated, they published that the H1B increase bill has been passed! Let us get official word that this has happened and we can be happy after that.





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  • jethro11
    04-20 02:41 PM
    Solaris27,
    Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!





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  • 24fps
    02-27 05:19 PM
    Well my friend, don't bring your pretentious "I'm-so-great-I'm-non-judgemental-oo-la-la" BS here. If we don't make it clear in our replies that we do not condone any actions that break the law, we are just making it easier for anti-immigration people to easily point fingers at us and claim we are all drug peddlers or criminal.

    I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.

    As for you, think before you type!

    With your history of getting rammed here i would avoid saying that if i was you,

    I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.



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  • Ramba
    04-01 06:53 PM
    Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS). If it is the law firm mistake ( if you have not requested your attorney to withdraw your 485), contact him to rectify his mistake. That means, he has to put his full effort to get the application back to USCIS. You can even sue them for a hefty amount for the damages they have done. If it is a USCIS mistake, MTR may work well, to get back the 485 in line. As the primary applicant already received the GC, it is tricky. So, contact another atttorney for second opinion and contact AILA, if required.





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  • gcphul
    09-21 02:46 PM
    http://www.aila.org/content/default.aspx?docid=23290



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  • manojp4
    04-01 08:17 PM
    both faxes sent to WA senators.





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  • immuser
    08-08 12:11 PM
    Good question. I am in the same situation. My GG was approved Aug 6th and happen to attend an interview the same day.
    I already used AC21 and may have used it second time for this if GC was not approved. So question is can you switch jobs within day of receiving CG ?

    From forum search, it does seem ok to switch jobs. Its hard for me to find a valid reason on why we need to stick to the employer for 6 months or 1 yr.
    There are cautious people (to say it right, paranoid people to put it blunt) who will not use AC21 or have the theory of sticking to employer for 6 months or 1 yr.

    I am still pondering, but leaning strongly towards switching job if the offer is good.



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  • InTheMoment
    08-15 04:04 PM
    In the letter from the new employer include the following (start date, title, job description, salary and position type):

    This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.

    Mr. Dude's primary job duties include:

    Put Bulletized description here


    Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.

    I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.


    Sincerely,

    Joe Employer

    As far as docs are concerned add the following with the EVL:

    Your covering letter
    AC21 Yates Memo
    3 latest paystubs
    I-485 receipt

    that would be it ;)






    IntheMoment,

    I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).

    Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.

    Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.

    Here are job discriptions with titles.

    Old Employer.
    Title: Computer Systems Analyst.
    Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.

    With New Emaployer
    Title: Systems Analyst
    Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.

    Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.

    Appreciate you prompt reply. I have meeting with my manager with new employer (client).





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  • gmpa
    01-11 11:28 AM
    I sent letters to the President and IV.



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  • qplearn
    12-12 01:28 PM
    EMPLOYMENT: Demand for numbers in the Employment Third “Other Workers” category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

    Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
    Yes that's true. Wonder why the "current" level of demand for EB2 India is higher than that for EB3 India.

    BTW, current for USCIS means you have to do significant travel in time backwards. :)





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  • sobers
    02-21 09:33 AM
    Guys,

    I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.

    Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!



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  • kothari_rupesh
    02-22 12:08 AM
    FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.


    I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.

    Have yet to receive my RFE yet, hopefully tomorrow.





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  • SkilledWorker4GC
    07-08 05:15 PM
    Ofcourse at first they will say its a crazy idea and wouldn't have any impact.
    But got to try atleast and try to convince them
    Efforts have to be collective. Try to get supporrt from coworkers, friends - ask them for a honest opinion and see what they have to say



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  • mmj
    04-19 03:46 PM
    You joined today just to post this?
    Dude you need to first fill your profile details and earn some credibility before you ask people to do something.

    Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!





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  • willwin
    06-12 11:02 AM
    Can we have some update at 11 AM ?

    Looks like they are talking about unemployment now ....

    I guess it is 11 am EST, correct?



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  • logiclife
    03-29 01:32 PM
    Anyone is VIRGINIA interested in meeting with legislators? I am in Fairfax County, VA. Apart from posting here please PM me as well so we can get in touch quickly for the meeting.

    Get the appointment with your congressman by yourself and then try to find company to go with. If you cannot find anyone who can go with you, then go alone and do your thing.

    Get the documents from varsha or sanjay as mentioned in the first post and please follow the steps. They are very easy and everyone can do this alone if they cannot find other members in their local area to go with them.

    Thanks,





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  • singhsa3
    08-16 10:33 AM
    I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.

    Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.

    If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.

    Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.

    I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.

    I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.

    Don't you agree ?





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  • shivapb80
    06-05 10:01 AM
    actually that is not what i understand...though we should wait for

    1. some lawyer to come up with clarifications.
    2. updates to the adjudicator field manual.

    i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.

    what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.

    but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.





    sat
    08-08 09:59 PM
    what to do?





    ss1026
    08-20 06:18 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

    I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.

    One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck



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