Friday, June 10, 2011

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  • snathan
    05-23 06:14 PM
    Hi,

    Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.

    I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.

    ================================================== =====================================


    Gordon S. Heddell
    Inspector General
    United States Department of Labor
    Office of Inspector General
    200 Constitution Avenue, NW
    Room S-5502
    Washington, DC 20210



    RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office

    Dear Sir:

    We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.

    It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.

    We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.


    We look forward to your reply.

    With regards,

    [for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]

    ================================================== ======================================
    For Admin:

    Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.


    Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support





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  • BarneySha
    07-18 08:42 AM
    $320 an hr!

    His 'RFE response' charges were $450!

    go figure...
    lotsa people are making money out of the s*ituation we are in!





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  • prioritydate
    12-18 03:51 PM
    Since we saw some members posting that their i-140 got denied, do they usually review the approved i-140 at i-485 stage? :confused:





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  • vnsriv
    07-20 03:32 PM
    Can you not get a letter from your church/temple in India?
    Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.

    Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.

    Excerpt from US Embessay

    Religious Ceremonies
    In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

    If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.



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  • karthkc
    03-18 11:24 AM
    How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.

    Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...

    Without knowing anything else, I would not venture an opinion.

    rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?

    Also, is your GC sponsoring employer the same as ABC?





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  • smsthss
    11-15 01:13 PM
    I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.

    So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?

    What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.

    If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.

    smsthss:
    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)



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  • roseball
    07-10 08:54 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.

    You can show them I-9 form where it list EAD as acceptable document for proof of employment eligibility.





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  • deepakd
    07-10 01:33 AM
    USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.


    Thanks
    I would take my words back instead of never I would say the chances are slim that USCIS would call the employer. Never heard of this before this



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  • smartboy75
    07-17 07:30 PM
    Kindly reply to this thread so that it is always visible under RECENT POSTS just as a reminder to everyone ..





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  • ajm
    05-25 08:16 AM
    Opening a new thread to discuss the Gregg amendment which passed the Senate yesterday.



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  • ivar
    04-29 04:35 PM
    Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
    1. The attorney gets more money for filing a seperate application.
    2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

    Best to port the PD at the time of filing the 140.

    Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.

    Crazyghoda,

    I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.

    Thank you.





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  • gcdreamer05
    08-18 12:40 AM
    Dear Attorney,

    I live in boston and come under Texas service center, my I-140 was approved from texas.

    But my pending 485 was sent to Nebraska Service center.

    I am now trying to file EAD application,

    I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).

    My RFE's have come from nebraska only.

    So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.


    Thanks
    Dreamer



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  • austingc
    08-17 02:32 PM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present


    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

    Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

    Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

    Please advise me..

    Thanks in advance..

    Regds,
    Raju
    Raju,

    This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.





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  • chakdepatte
    01-04 08:33 AM
    i called them after 90 days. they had no clue why it was not processed so they threw in a RFE for fotographs. send response, all cleared. in 15 days.

    if ur case goes beyond 90 days, dont hesitate to call. all my 10 yrs with USCIS, They are are simply lazy and only know how to raise fees keeping immigrants as hostage.

    All the best.
    Oye chakdepatte



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  • rdx0
    01-10 01:18 PM
    have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?

    That would have worked if the Client had already finished the hiring process and filed for my extension b4 my I-94 expires on Jan 20... I am yet to appear for the interview, it is just that i have some strong references (and they have multiple openings) so I have extremely good chances of getting hired ... so, no, this idea won't work :(... Jan 25th was just a imaginary date that i gave... the hiring process may take couple weeks more than that (yup, unfortunately, it's that slow) ... I was just trying to find out what are my options after Jan 20... would I be just stuck with this staffing company or could I have the Client file for my extension... if it is legally not possible then I might as well just forget about this opportunity :(





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  • ramankgb
    06-03 11:15 AM
    E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
    Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
    However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.

    Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
    *********
    RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
    ===================Update=====================
    EAD Card recieved with 1 year extension from date of expiry of previous EAD.



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  • rsayed
    02-21 08:53 AM
    :p

    This (the CIR being discussed in the Senate) has happened atleast twice in the past (as per my knowledge) - This is nothing new.

    It hasn't happened, till it's happened!!!





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  • jonty_11
    06-12 05:14 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
    2 options..

    use EAD and join new empolyer .

    If u dont have EAD yet...do another h1 Transfer





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  • pappu
    03-17 12:26 AM
    My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????

    Please correct your profile. The dates are incorrect. Thanks.





    lskreddy
    08-01 10:06 AM
    KXAN reporter Matt Flener requested the following:

    I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?

    Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.

    Sincerely,
    Matt Flener
    Reporter
    KXAN Austin News


    Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.





    GCard_Dream
    07-27 01:07 PM
    hahaha.. this is so funny.

    Good one. Please keep it coming. :D

    There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

    This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

    Doctor: Ok..Take off your pants and let us have a look at your friend.



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