ab2k7
07-17 04:28 AM
Thanks desi3933,
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
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varshadas
02-17 12:43 AM
A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.
gparr
March 15th, 2004, 11:10 AM
Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
Gary
Gary
2011 Fake tattoo on lower stomach.
logiclife
04-02 10:15 AM
Somehow prove that you were undocumented(illegal) before Jan 2004 to claim that benefit.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
more...
senk1s
09-25 08:30 PM
at this juncture quota-exempt organizations looks like the most feasible option
sam_hoosier
05-07 03:58 PM
I am suspecting it will not be favorable at all
Stop scaring people :) We have absolutely no way of knowing what the new regulations would be.
Stop scaring people :) We have absolutely no way of knowing what the new regulations would be.
more...
deepimpact
09-22 08:20 PM
Next thing....H1 program only once in 3 years or only when "needed".....
Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
Attach huge price tag to GC... and...
Well, the message is clear...Isn't it?
Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
Attach huge price tag to GC... and...
Well, the message is clear...Isn't it?
Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
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meridiani.planum
07-12 08:35 AM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
more...
logiclife
12-01 04:44 PM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
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nozerd
01-15 02:34 PM
The centers seem pretty spread out Geographically. Which part of the country do you live ?
more...
GCard_Dream
04-27 05:15 PM
I am not sure. May be it is. Details are still not out yet and I don't see the text of the bill on thomas. Hopefully more detail will emerge in next day or so and then we will know for sure.
http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478
http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478
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kghoshal
11-17 04:52 PM
My Dear friends I need your valuable suggestion. I have decided and fixed my mind to return home after 8 years as I recently got laid off after working 4 years in same company. My EB2 LC was pending last three years Dallas backlog. My previous employer will mail me W2 to my India home address. I do not know how to file Tax from India. Do I need to buy Turbo Tax software before leaving home? You can understand my present scenario. Any kind input will be much appreciated.
more...
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gc_chahiye
11-13 12:13 PM
I would appreciate if any of you could shed light on the following scenario:
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
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paskal
12-21 11:11 AM
we will be delighted to have you folks joining in
more...
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485Mbe4001
01-25 04:27 PM
:D he also wants his approval rating to cross 50%, bring world peace... State of the Union is something you should watch with a bag of popcorn or chips.
TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
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b2visahelp
07-09 03:34 PM
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
I would really appreciate your advice. Thank you so much!
more...
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gcformeornot
01-09 03:43 PM
With rampant job losses lets see how our community is doing. If you know somebody who lost job or about to loose job in future, please vote.
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s_r_e_e
08-13 02:40 PM
who is vld rao?
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txh1b
05-07 12:02 AM
DOJ also has videos on other religions and cultures if anyone is interested. Links below.
http://www.ojp.usdoj.gov/BJA/pubs/diversity.html
http://bja.ncjrs.gov/diversity/flash.html
http://www.ojp.usdoj.gov/BJA/pubs/diversity.html
http://bja.ncjrs.gov/diversity/flash.html
permfiling
02-09 09:13 AM
I don't think saying "moving back to india" is a good option especially in a small world
n2b
07-17 01:03 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
