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  • nrakkati
    03-20 10:46 PM
    Thanks gapala, for your input. will verify it and post it here.

    My 'Employer #2' H1B I-94 and 'Employer X' H1B I-94 numbers matches with I-94 number that I got at 'POE'.
    Receipt Data is July-2006 for 'Employer X' H1B.

    According to Gapala's logic, my H1 is transfer, not NEW.

    I am assuming I-94 only changes at 'POE'.

    This is what I observed after carefully reviewing my documents:-
    If you go out of the country and come back in to US on same H1B, say n times, you will get a different I-94 number each time. but if you apply n H1B's from n employers during your continues stay in USA, you will get same I-94 number. Again, this is my observation and may not be correct.
    Experts....please comment on this (wrong or right).

    If my above statement is correct, then Gapala's I-94 number logic to differentiate 'new h1b' vs 'transferred h1b' is incorrect.

    I think this issue comes down to - 'new H1B & transfer H1B'

    Based on my past research, H1B is always NEW. There is nothing called 'transferring H1B', but I am sure Gapala will not agree with me or some other IV members here on this...

    Gapala, Can I request the source for your argument(new H1B &Transfer H1B are different.) . Was this your observation from forums or from attorney or articles from murthy.com?

    Again, Thanks Gapala, for your time and input.




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  • svam77
    07-21 05:00 PM
    According to this document,

    http://www.uscis.gov/files/form/i-485.pdf

    140 receipt notice is not a part of the intial evidence ....
    So if we show everything else that our 140 application was accepted by USCIS, they may later ask for a receipt ......




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  • gemini23
    07-02 09:15 AM
    mine is fragomen . they are pretty good...and have been working 24 by 7 in shifts to prepare forms. they are very responsive and very good people to deal with. surely recommend them.




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  • smehta1
    06-13 07:41 PM
    Spouse and I are still going through labor (PD 04!) thanks to backlogged centers but am so happy for all of you who are able to file.
    Thats wonderful news!!!! Thank you to all active and core members of IV...every little bit helps :)



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  • naidu2543
    04-17 07:53 AM
    The first attorney that we had at Fragomen was so responsice and helpful and the second one rarely responds. It depends on the Attorney you get. In this case the better option is to have good replationship with your employer and ask your employer to request Fragomen for differnt Attorney. Our employer pays them lots of money and they have leverage.




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  • gccovet
    06-16 11:39 AM
    Hi,
    I want to know weather can I apply AP for my wife while she is in US post it to India if she has to go to India before it gets approved.

    As there is the situation my wife need to go to India in July and I am planning to apply for her AP, can I send it over to her once the AP is approved or dose she need to be present in US at the time of approval.

    Thanks for advice

    As far as I know, AP needs to be applied while the person is physically present in the US. Once it is applied and receipt notice has been received, the person can then travel. you can certainly send the AP to you wife in India.
    GCCovet



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  • needhelp!
    02-18 12:35 PM
    That makes it 2625
    it got too cold so we had to go home. We got around 19 letters signed yesterday after our So.Cal meetup




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  • kumhyd2
    07-21 11:00 AM
    This may be useful to understand a little more about e-filing of I-140 for those of who doesn't know much because the employer/lawyer doesn't give u full information. There appears to be no e-filing for I-485. Anyway navigate thru the USCIS pages for more info.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47f2065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    Instructions for Electronically Filing Form I-140

    Please note that the Premium Processing Service has been disabled within the e-Filing System for Form I-140. Please refer to the instructions for paper filing if you would like to request Premium Processing Service for Form I-140.

    Form
    I-140, E-File Immigrant Petition for Alien Worker

    If E-Filing is not the best option for you, please see the paper-based Form I-140.

    Purpose of Form
    To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

    Who is Not Eligible to E-File This Form
    You are NOT eligible to E-File this form if:

    You are applying for a waiver of the filing fee.
    You are requesting that your case be expedited (does not include filing for Premium Processing)
    You are a Soviet scientist
    Who Is Eligible to E-File This Form
    Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition.

    Filing Fee
    $195

    Initial Evidence and Supporting Documentation Required
    See Instructions to the Paper-based Form I-140.

    If you are required to obtain a labor certification from the Department of Labor, do so prior to E-Filing Form I-140. The original Labor Certification signed by the filer and certified by the Department of Labor must be submitted with supporting documentation to the Service Center that has jurisdiction over your case. See your Confirmation Receipt Notice for the Service Center's mailing address. The required initial evidence must be received by the Service Center within seven business days of E-Filing the Form. If you do not submit the required initial evidence in the requisite time period, you will not establish a basis for eligibility, and we may deny your petition or application.

    Also see the general instructions for Submitting Supporting Documentation for an E-Filed application and/or petition. You may access those instructions from the Related Link on the right.

    Concurrent E-Filing
    E-Filed I-140 petitions can only be Concurrently E-Filed with the following applications under the following conditions:

    I-907 application: Only if the I-140 beneficiary selects Petition Type "e" - A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor degree) or a skilled worker (requiring at least two years of specialized training or experience) in Part 2. For all other petition types, the e-Filed Form I-140 is not available for premium processing.
    When E-Filing an I-907 concurrently with an I-140, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-140 is received at the Service Center that has jurisdiction over the I-140.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


    Supporting documentation

    Submitting Supporting Documentation

    Supporting documentation is the initial evidence that is required as proof of identification and as justification of eligibility for a benefit. These documents are required for USCIS to make a decision on your application. Examples of supporting documentation include copies of birth certificates, marriage licenses, Permanent Resident Cards, etc.

    Check the instructions for the form you are E-Filing to determine what supporting documentation, if any, is required.



    Instructions for Submitting Supporting Documentation for E-Filed Applications Only

    Review the instructions for your E-Filed form to determine what supporting documentation is required.


    Please Note: If you E-File Form I-90, you must submit all required initial evidence and supporting documentation at the time of your in-person appearance at your local ASC. Please see the Form-Specific Instructions for E-Filing I-90.

    Gather your supporting documentation for your E-Filed application.
    Originals and Copies. In almost all cases, submit a photocopy of your supporting document to the USCIS. For more information, see How Do I Know If I Need Original Documents? If form instructions state that a copy of a document may be filed with an application, and you choose to send USCIS the original, USCIS may keep that original for our records.
    Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

    Print a copy of your Confirmation Receipt notice and attach it as a cover page (or first page) to your supporting documentation package.
    DO NOT include a copy of your E-Filed application with your supporting documentation.
    If you E-Filed several applications concurrently (see E-Filing Forms Concurrently), you will have a Confirmation Receipt notice for each application submitted.
    Include the Confirmation Receipt notice(s) as the first page of the supporting documentation for each application.
    DO NOT include any paper-based applications or fees with your supporting documentation for the E-Filed application.
    NOTE: All Attorneys and Organizational Representatives E-Filing an application or petition on behalf of a client, MUST perform the following steps:

    Generate a copy of the G-28 (it will be generated as part of the PDF file application after you click the �Finish� button).
    Confirm that the Applicant/Beneficiary/Petitioner name and address information does appear on the G-28.
    If the Applicant/Beneficiary/Petitioner name and address information does NOT appear on the G-28, print out the G-28 (it will printout with the PDF file application).
    Make a copy of the G-28 for each application electronically submitted.
    Fill in the Applicant/Beneficiary/Petitioner name and address information by hand.
    Sign each G-28.
    Submit the completed and signed G-28s to the address on the Confirmation Receipt notice with the required supporting documentation.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Keep a copy of your Confirmation Receipt notice(s) and application(s) for your records, noting what supporting documentation you mailed and the date you mailed it. You may wish to make a copy of the entire package before mailing it.


    Place all supporting documentation into one package and mail it to the address provided on the Confirmation Receipt notice. If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Failure to follow these guidelines may result in processing delays or even denial of your application.



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  • belmontboy
    05-29 06:08 PM
    Yes, lets make a list of airlines that we had horrible experience - i would give more importance to any discriminations that was racial rather than reasons like "food was bad"

    and lets try to avoid such airlines and teach them a lesson. There is an old saying "Customer is King". if they don't know this, lets teach them.




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  • andy garcia
    07-26 08:01 PM
    140 Filed 7/17/07
    Reached NSC 7/18/07
    Check Cleared 7/23/07

    I have not received the Receipt Notice yet.
    On the back of the cleared check, I see some numbers but not sure which is the receipt no. Does it start with LIN followed by 10 digit number? Or, is it 12 digit number with no letters?

    A) LIN followed by 10 digit number

    Something like LIN 07 XXX 5YYYY

    LIN = Nebraska Service Center
    07 = Fiscal Year 2007
    XXX = Number of computer days since October 1, 2006
    5YYY = CIS control number



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  • gbof
    06-10 02:55 PM
    question to experts. will they send RFE's if they have already sent one and have pre-adjudicated? I hope not...

    Look forward for your GC...man...donot think of RFE at this stage




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  • sparky_jones
    05-29 04:50 PM
    I flew Air France once in 2003. My connecting flight from Paris to Delhi got delayed by 12 hours. When I approached the Air France staff, they told me that since I had an Indian passport, I would have to wait out the entire time in the transit area. Meanwhile, they proceeded to make arrangements for other non-Indian passengers. They even refused to acknowledge my attempts to reason with them, either not replying to me, or replying only in French. I filed a formal complaint afterwards, but never got a reply.

    I have travelled on numerous times since then, but never with Air France. I don't even consider them as an option anymore.



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  • Hinglish
    03-21 05:49 PM
    Your arugment would hold if there were no country limits.

    Thats whats amazing ... for the redistribution there is NO country limit !!!!




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  • Jaime
    09-04 04:54 PM
    Hey guys! In the best good-natured way let's look at reasons why not to attend:

    Money? = We can help you cover your trip expenses

    Time? = Many of us cancelled important business, if you try you can find the time!

    Fear? = Of what? We will make our voices heard, and it's our right! We have been abused! Nothing to fear!

    Feel lazy? = We all do! Make the effort, and then we can party when your green card arrives in the mail!

    Have a date? = The rally is better! If you don't get a green card then you won't have the boy or girl either!

    OK this last one was more tongue-in-cheek, but seriously guys, talk to us! What prevents you from attending? We will help you overcome the obstacles! Seriously!



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  • thomachan72
    07-21 09:01 AM
    Risker,

    I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.

    Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.

    Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.

    Let�s get IV�s attention and support in this area. Let�s talk to AILA. Let�s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let�s write to media personnel. Let�s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
    I would strongly suggest talking personally to IV leaders about this. These are folks who by now really have a feel about how things are handled out there. They will suggest the best way to tackle this issue and am sure with their mature guidance, this is a very simple techinical issue that can be resolved. You are literally just saying "SIR, I WAS HERE BEFORE. I KNOW YOU ARE BUSY AND POSSIBLY FAILED TO NOTICE ME, BUT HERE I AM, AND I HAVE BEEN WAITING FOR LONG TO GET YOUR ATTENTION". honestly I dont think even USCIS wants to hurt you purposely, its just that the traffic of new PERM thing has overcrowded their desk and mind so they have shelved your applications unknowingly. PLEASE SHOUT OUT----THROUGH IV ONLY. let them realize that we have a strong organization and ONLY ONE STRONG ORGANIZATION.




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  • tinamatthew
    07-20 09:51 AM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)



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  • walking_dude
    10-21 11:27 AM
    Thanks Bestin, for the quick update provided on the forums. Was caught up in personal work and hence couldn't update here.

    1) Thanks to CC, we had a good meeting. Around 15 members turned up, which is a good show as this is our very first meet as a State chapter. It was a great success as an ice breaker and people could actually see the faces behind the ids walking_dude, cagedcactus, curious_techie, alien etc.

    2) Sorry to have not posted pics and videos. It was the first meeting for all of us, though some of have been co-ordinating efforts online through phones and E-mail. Also some of us are prospective AC21 candidates (so you guys need to wait some more months :) )

    3) Every one of the attendees pitched in with their ideas and experiences in GC process. We had a fruitful discussion about IV Talking points. EVERYONE readily volunteered to our highest priority task. We will be going ahead with it in full steam in the days to come. Modalities were discussed to and agreed to at the meet.

    4) We got some more volunteers who agreed to share the Co-ordinator responsibilities with me and CC. We have formed a "Co-Ordination Committee" of 5 members - CagedCactus, Walking_Dude, Bestin, BReddy2000 and Ajobha. Committe will be dynamic and based on member choice and level of participation.


    5) I understand that we need a more central place which will facilitate more participation from all over Michigan. We are fine with it as long as we can get some volunteer from Farmington Hills, Dearborn, Southfield etc. who can book us a room/hall. Without a local participation it's hard to arrange a place for meeting. Till then we may have to make do with our current spot.

    6) I am co-ordinating with CC to get the hall Officially booked so we don't face the elements next time. We are looking at the possibility of booking a room for free ( a facility available to non-profit groups such as us)

    7) Me & CC had a meeting later where we compiled Minutes Of the Meeting (MOM) and other stuff too! Like a new Secure Yahoo or Google groups for secure dissemination of IV updates and chapter action plans. Teleconferencing options, Outreach, member drive etc. It will be communicated to Core as soon as I can type it into a document (along with the list of IV MI members as a trusted list)

    8) Every participant volunteered to do his best to help IV and the State Chapter in our cause. It was also agreed that everyone will get more friends, neighbors, colleagues and acquaintances in the chapter, which is GREAT. We have had a really good start. Thanks to everyone who volunteered full support and will bring in more members.

    9) Thanks to CC for the snacks and coffee. I will volunteer to get them next time.

    10) Most importantly - Thanks to Everyone who participated. WE WILL BE SUCCESSFUL TOGETHER.




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  • JunRN
    09-12 04:17 AM
    The President can approve/veto any proposed Bill....his opinion matters much to Congress!




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  • walking_dude
    10-18 04:17 PM
    PMed a reminder to every member ,who has shown interest in the meet, but has not RSVP'ed yet for the final count needed for Snacks/Tea arrangement ( only those included in the confirmed list of the first message).

    Hope to see you all there.




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    kshitijnt
    04-17 01:08 AM
    Guys I need to tell you my story:

    Last year HP acquired my company called Knightsbridge. Fragomen is HPs law firm. Everything was going well until we had this monster called fragomen deal with us. My I-140 was approved way back in 2006 and was waiting for a Jun-2005 PD to be current. In July 07, when VB was released, Fragomen suddenly found a problem with labor certifications of around 100 people. They had access to labors from Dec-06. Only they know what they were doing between Dec-06 and Jul-07. In june 07, the PD had moved a bit forward to 2004. That time Fragomen contacted a few employees to file 485. As soon as Julu-07 bulletin came out they suddenly changed their tune. The word "travel required for job" was missing from the labor. Fragomen advised HP not to go ahead with 485. All our arguments were falling on deaf ears. All independent attorney opinions were disregarded and HP decided to take fragomens advise and not to file 485 but to restart labor.

    After my new labor got approved, I asked fragomen to apply for consular processing in my case. They tried to escalate it to various levels in HP and pressurise me to file I485. Finally I told my boss, I want consular and also picked up a fight with HP employee not to interfere in my GC process. Because this employee always sings the tune of fragomen. After this, they have not shown any interest in filing my I-140.

    After restarting labor Fragomens service is generally upto the mark, however; they are rude and uncompromising, in that they will not share a copy of labor certification or I-140 with employee. To some of my coworkers they will not even bother to respond to him for his 7th year H1 extension despite numerious queries. One of my friends also got better than expected service in that they filed his 485 just 2 days before his PD was moving from current to retrogressed. That is the only one case I have seen with positive outcome in my company. Some employees from my company suddenly went into silent mode after July-07. I suspect, they were given under the table deals to go ahead with old labor. However I can not prove that.

    After seeing all this behaviour, I have come to conclusion that Fragomen will give you good service if they see good potential revenue from you in future. Like EADs , APs etc, multiple H1 extensions etc. I think they are very money minded company and feel that they proactively advise employers to go slow on immigration and they also advise employers on how slow immigration could benefit the employer in the long run. They are completely unethical in my personal opinion. When they were describing the situation to our managers in Jul07, they were very insensitive and were showing as if nothing else had happened.
    No one was held responsible for this fiasco and all good hard working people were left to suffer. Due to this I have come to despise fragomen and I also despise some big employers who use them. Here is the list:

    HP, Cisco, TCS, Deloitte, IBM, ...... add yours to the list.



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