Thursday, June 30, 2011

blagojevich retrial

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  • HumHongeKamiyab
    06-21 03:19 PM
    No original.. Only photocopy

    Do we have to submit the original birth affidavit with 485 or just a copy?





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  • tempy
    09-23 02:15 PM
    I had the same issue...
    Here is the short version of how it unfolded. I've seen some quick responses from USCIS.

    9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
    9/16/2010 - Spouse received card
    9/21/2010 - Got email (LUD) that my card returned undelivered.
    9/22/2010 - Called customer service updated the address
    9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number

    I was pleasantly surprised with the fastness of USCIS.

    Thanks,


    Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
    I had updated my new address 3 yrs before and was confirmed by infopass appointment.





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  • whitecollarslave
    03-26 05:43 PM
    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!

    There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
    http://www.murthy.com/news/n_permfl.html
    http://www.ailc.com/perm-labor-certification.htm
    http://www.foreignlaborcert.doleta.gov/perm.cfm
    http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm

    They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.

    For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.

    HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.

    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?





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  • saileshdude
    09-16 11:04 AM
    You could be stuck because of background/name check. Check my previous postings where I sent a link to one of the documents someone posted when they got is using FOIA. At the time of final approval also some checks are initiated and that could cause delays also.



    I got the SLUD on 9/3, 9/4, 9/7 2010. Showing the same message under review.waited all these days hoping for good news.No good news.called c/s(customer service),got response that they only "touched your file on 9/3,but don't have idea what IO did."
    Came to US more than 10 Yrs before.still waiting.
    PD Jan 2006 EB2 I.
    NSC
    Mine is self labor without any complication,except filed AC21 in 2008 from a good client.
    No cheating in the whole process,still not getting GC.
    Anyone in the same boat, please share your experiences.



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  • factoryman
    05-24 06:35 PM
    in childhood, then no need for varicella vaccine. You see, it is not very useful / protective and so I guess it is not insisted upon.
    Use DD (due diligence).
    All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.

    I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.

    G





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  • Marphad
    11-21 03:15 PM
    we finally have "100", can we take it to 200?

    GCCovet

    Who are 2 idiots said No?



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  • EB2DEC152005
    08-13 07:54 AM
    Fill it with both primary and derivative details. Write in small font with a pen. This will avoid different forms for each applicant.

    If you take 1st line you want to write two names in it, that would create a confusion.


    If I fill up another applicaiton for derivative, I have to fill up the same way as I filled for myself right? then I will go for this option.





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  • gc_on_demand
    09-16 10:03 AM
    Single Person's Effort Makes Difference
    Everyone should try.

    Please call committee memebers and local congressmen/women



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  • gcquest
    06-25 01:24 PM
    Hi Guys I have a couple of questions . Would really appreciate it if you could help.

    1) My lawyer for some reason doesn't want to apply EAD for me, though she is ok with applying for EAD card for my wife(dependent). She says I have 1 more year for H1 etc. May be its company policy , I am not sure but What are my options?

    2) My salary is about 15% less than the prevailing wage and the amount being mentioned in my offer letter being filed with I-485. Since this is a substantial amount of money, I was wondering is the company legally responsible to honour the offer letter or not?

    Thanks for taking the time to reply





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  • Bpositive
    01-26 04:23 PM
    Emirates through Dubai.....great food. great entertainment. good price. no transit hassles..

    Lufthansa...direct flights. shoddy entertainment. ok food. relaxed on transit visas...

    Jet. Have heard great things about it...no direct flights to indian cities..

    British airways...rude, obnoxious. please boycott



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  • sheela
    09-28 07:00 PM
    I doubt the USCIS has any rules regarding processing queue. Some people are waiting 10+ years, others receive approvals in 2 months.

    My understanding on this is - after I-485 uscis works on RD and if your FP/NC is cleared PD is looked at for preference in each category but uscis won't wait guy stuck in nc for 10 yr to make way for your gc. If you are lucky you may get it sooner than you expect





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  • velan
    01-08 11:09 AM
    I will send letters in a day or two. Thank you for your hard work.



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  • PlainSpeak
    03-29 05:29 PM
    Thanks to IV for getting this done

    Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha
    :D:D:D:D:D:D:D:D:D:D:D:D:D:D:D





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  • starscream
    09-10 10:39 AM
    Punjabi 77 - plz see the Private message i sent you - thnks

    OH law website says that the bill will be introduced around 10.15 today morning.
    So has any discussion started yet?
    OH website also mentioned that there are around 500,000 visa unsed since 1990.

    If HR5882 passes today's debate, where will it go then?



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  • l1fraud
    06-17 09:19 PM
    Hi Guys,

    Please find the details of how we complaint to our client management regarding L1 violation ....(for some of you guys who are interested in educating uer clients)

    Step 1. Collect the email id of uer CEO and 8-10 executive managers, make sure that your groups CIO/CTO s email ids are included, get the email id of HR Head/Legal Dept/Immigration Dept of your client (CC them in the email).

    Step 2. Create an anonymous Id with something like "Against Fruad"

    Step 3. Formulate the email as given below

    Subject: Fradulant Activity by Vendor - CTZ Tech Solutions ...For Eg.:-)

    First Paragraph: What the Fraud/Violation Is?:
    Mention the L-1B violation by these companies and how these resources are legally prohibited from working on staff augmentation assignments, mention the L1 reform act of 2004, provide the link to USCIS website and attach the .pdf file with L1 reform act. Mention the list of employees at the bottom of the email.

    Second Pargaraph: Why They Do This?: Key points .. NO wage restrictions, NO numerical limitation and mention the H1 visa lottery in 2006,07,08 etc. NEVER talk abt corporate greed in this whole email (hope u got why!).

    Third Paragraph: How they do this?: Mention about the petition which has to do nothing the current project they work on and the visa interview where these guys tell abt someother projects and clearly mention how they gets deployed to projects where they don't have eligibility to work and skills they cannot be utilized for.

    Fourth Paragraph: How to Prevent this: (To show that you are sending this to resolve an issue and not to complicate one) ... mention about how easily each hiring manager can avoid this by setting visa criterion for all jobs including contract and temporary jobs.. once criterion is set by hiring managers these vendors cannot violate the same. For Eg. Hiring managers set the criterion that a new contract position can only be filled by Citizens/Green Cards/EAD/H1 s... so L1 violation doesnt even come into picture.

    Last Paragraph (BUT NOT LEAST)

    Mention the NAME of atleast 5 resources (and their organisation) working on L1, their projects, technology on which they work and how they violate L1 by working on these projects and technologies.


    BELIEVE ME ... WE WERE PARTIALLY SUCCESSFULL ... NO MORE NEW ONSITE CONSULTANTS FROM THIS VENDOR ... but client is not yet ready to review the existing consultants.. looks like they are having a internal probe into the matter...hope we'll get some good news regarding the same too.





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  • CADude
    09-20 01:29 PM
    Hope everything will turn out good for you. I don't know faith of our applications.

    I�m July 2nd filer application reached to NSC at 9.1 am and signed by R Mickle
    Till date my checks have not been cashed. When I Called service center yesterday they gave me Receipt Number for I-485 (LINXXXXXX) but again she told me that�s its Invalid then she put me on hold and checked something then see verified my address, Social security number also My Attorney�s Name and address. After confirming this information she told me Receipt Number of I-485 is yours but its Void in our system let me check it online and online it shows case received and pending.
    Now she said its weird its showing Valid in online system and in our internal system its Invalid. Then she asked me did you file 131 and 765 along with this I said yes then she said let me check it and found nothing.
    She has created one service request for me and asked me to wait another 45 days.

    Meanwhile I told this matter to my Attorney and he told me not getting receipt is normal and I could have asked you to wait till October 15�th but you are there in the system and why they have stopped processing you applications looks strange to me also applications is not been rejected. So he told me that he will write letter to USCIS director to investigate this issue and assured me that as long as we are in their system so don�t have to worry but he told me that if Director don�t respond in one month�s time then we will go to court but he is optimistic that situation may not go to that.

    If anyone of you in similar situation please let me know.



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  • vxg
    06-20 10:49 PM
    Folks,
    My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?





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  • PHANI_TAVVALA
    08-25 03:12 PM
    Ok...the way I see this is 5000min/month at $25 (not adding taxes) is 5 cents a minutes...that is more than what I pay for my calling cards....bottom line....if your monthly calling bill is less than $ 25 there is no reason why you should get Vonage.

    Nice math.:)





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  • desi3933
    08-07 12:54 PM
    Point noted thank you!


    I appreciate that.

    May I ask to share your legal defense for this point, when you have one?

    Thanks!





    Kalpen
    06-26 10:48 AM
    Both me and my wife are here on H1-B visas. I am filing 485 on my own without a lawyer. My wife is going to be my dependent. I have 2 questions:

    Do we both need to fill out I-485s or should I attach a copy of my I-485 alongwith my wife's documents?
    Also, does anyone have a sample covering letter for I-485 application?

    Please reply ASAP.





    BharatPremi
    09-24 12:07 AM
    What is the per country cap for India?

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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