Sunday, June 26, 2011

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  • GCwaitforever
    08-15 10:58 AM
    I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).

    See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)

    Second I-140 Allowed without Revocation of Earlier I-140 Petition

    The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

    This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.




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  • titu1972
    02-29 08:56 AM
    Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.




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  • seahawks
    06-26 09:07 PM
    Thank you, since it was something where the form was wrong, I have asked my attorney to respond, will post what he suggests, I just feel terrible that the onus is on us for not checking that USCIS. After all these years of wait, how can I over look this?




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  • reddymjm
    05-27 12:56 PM
    You probably won't get a FP notice if you have done biometrics done before for I-485.
    So may just have to wait for approval.

    This is not consistent. I filed on Apr 18th. Last LUD on apr 27th.They received the documentation that day. My fried filed 3 weeks ago. He got a FP notice. Both were efiles. He has also done his FP along for 485.



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  • thepaew
    09-24 02:20 PM
    Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.

    Think it through and good luck with your decision. Wish you the Best.


    here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
    I do not want to reset my GC process.
    Anybody getting ready for RI next month?




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  • ssnd03
    07-12 06:44 PM
    The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!

    Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.

    It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.

    Retrogression is due to more demand than supply and country quotas.

    But yearly unused visas are due to FBI background check delay.

    There is a clear difference.

    Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation



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  • Pagal
    03-18 07:40 AM
    Hello,

    My 2-cents:

    1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
    2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)

    As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.

    This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.

    However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)




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  • jayleno
    10-13 05:19 PM
    While I feel your pain, I still have a question:
    How can you expect them to reach new goals when they are not even reaching their existing golas?
    For example,
    Honoring the priority date,
    Processing in sequence,
    Approving in the expected 90 days,
    ....
    ...
    ..
    bottom less list.

    Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.

    First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.

    Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.

    EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.

    Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....



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  • India_USA
    06-25 09:52 AM
    Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)

    In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.

    Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......

    So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.

    All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org




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  • gc_dedo
    01-27 03:34 PM
    Sorry for the stupid question.
    Is it necessary to inform CIS about job change using AC21?
    Few of my friends havent informed.



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  • gcnirvana
    05-12 01:42 PM
    Thanks for your template but also please include IV's name wherever possible so that they can contact IV for a full coverage.

    I Used their tool but sent the folllowing message

    Greetings. My name is XXXXXXXXXXXXX. I

    am a citizen of India and have been living in the United States for close
    to 7 years on a H1b visa and work as a Senior Software Consultant catering

    to various Ammerican clients and my employer is located in Irving, Texas.

    My Green Card petition was filed by my employer under the EB2 category and
    my I 140 petition has been approved, but I am unable to file for i485
    (Adjustment of Status) because visa numbers are not available. My wife is
    also on a H1b visa and is a first year resident physician at a Community
    Hospital in Brooklyn, New York on a H1b visa.
    Based on the fact that we have been law abiding tax paying legal
    immigrants, we would like to reach out to you and let you know our issues.
    Our main issue is career stagnation. Unavilability of visa number
    (retrogression) locks us up with the same employer for years together and
    does not allow us to grow careerwise and unable to make critical and life
    decisions.
    We duly understand that there is a 7% per country upper limit when
    Visa numbers are allocated and the fact that India and China has been over
    subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
    Bill have provisions to raise the cap and we would like to support these
    bills and the provisions.
    High tech and health care are sectors where highly skilled immigrants
    from all over the world are attracted to and want to contribute in the
    best ways we can to pursue our American dream. We would like to contribute
    to the growth and development of America in the best possible way. Please
    support us and help us in our cause.

    Sincerely,


    XXXXXXXXXXX
    718XXXXXXXX




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  • paskal
    12-25 09:35 PM
    /\/\/\/\



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  • dhesha
    08-21 03:08 PM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.
    You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?




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  • superdude
    07-17 01:46 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.
    IV Core do know the news. They are waiting for the govt officials to declare the news



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  • bsbawa10
    08-21 09:46 AM
    I broke my politeness today.USCIS inconsistency broke the limits for me.

    My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.

    I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.

    I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.

    Lady: How could you have ever called CSC because their phone numbers are not public
    Me: I called the same number and for some reason it got transferred to CSC.
    Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
    Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
    Lady: Can you please hold for a moment.
    After hold:
    Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
    Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
    Lady: Sir, we cannot tell you the reason why do we transfers
    Me: But you have already told me the reason in the written notice as "To speed up processing"
    Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
    Me: I hang up the phone.




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  • pcs
    01-20 10:09 AM
    Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????



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  • YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.




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  • harrydr
    01-06 08:05 AM
    Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

    So just wanted to understand if this was even legally possible.




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  • naresh515
    09-24 05:52 PM
    Below is one of the .....link that can scare any one who is planning on visiting mexico....

    Given 221g administrative processing in Matamoros, Mexico - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3631066902)

    I have changed my plan from getting h1b renewal stamping from matamoros to INDIA..




    sweet_jungle
    09-24 03:12 PM
    Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.

    Think it through and good luck with your decision. Wish you the Best.

    thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
    Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.




    Libra
    11-15 11:32 AM
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