Wednesday, June 8, 2011

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  • krishmunn
    02-07 10:49 AM
    Go to FLCDataCenter.com (http://www.flcdatacenter.com/OesWizardStart.aspx) . Plug your state and then select the city . In the job list, select Computer and Information Systems Managers.

    You will see Four Wage Levels. as long as your wage (or proferred wage) is at least in Level 2 range, it is easy to sail through EB2.

    If it is less than Level 2 wage, change the job to something like Computer System Analyst. The wage level is much lower but you will need a very good attorney to establish it as EB2.




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  • gcnirvana
    06-25 07:51 PM
    Employer pays everything except for my EAD/AP as my H1 is valid till 2010. And fortunately, USCIS surgeon billed my medical exams to my insurance. Not sure if it'll come back and bite me but as of now I didn't pay a dime :)




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  • BMS1
    09-25 01:10 PM
    "july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".




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  • gparr
    September 7th, 2006, 08:05 AM
    Jeff,
    If your "hunk of junk" tripod wiggles, try using a remote release and/or use the timer to trip the shutter. "Hunk of junk" tripods that wiggle can also be stabilized by hanging a weight from the center column. A weight can be as simple as a small bag of sand or rocks.
    Gary



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  • kams
    08-14 08:13 PM
    Congratulations. Glad to see that a 2004 PD also received the approval!




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  • nlalchandani
    01-11 11:55 AM
    My wife has her name changed in the local county (Judge's order and a name change certificate)
    She may start a job on EAD (has maiden name)..

    Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)

    Has someone changed names for EAD, AP, 485..



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  • little_willy
    09-27 01:24 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.




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  • bank_king2003
    03-12 12:35 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

    Thanks,



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  • thankgod
    04-25 10:50 AM
    Send him to your own country. America has its own problems.

    It cant accomodate the theifs like your son.

    People like your son giving wrong impression on the immigrants.




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  • getta05
    03-27 10:09 AM
    Hi,
    I have an EAD and am in the process of buying a business.
    How long do I have to wait in order to apply for GC?
    Tnx
    Geeta05



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  • Libra
    07-09 04:59 PM
    how to change my vote then???

    over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

    This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

    ************************************************** ***************************************
    ************************************************** ***************************************
    ***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
    ************************************************** ***************************************
    ************************************************** ***************************************

    ONLY EB2-INDIA PLEASE.




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  • veni001
    12-28 11:07 AM
    To get H-1 extension you need to have one of the following
    Approved PERM labor (not expired)
    PERM labor pending for 365 days or more
    Pending I-140 or
    Approved & "Valid" I-140

    If you can not produce any of the above then "no" H1 extension beyond 6th year.

    On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.


    Background OF Myself
    ----------------------
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

    Question

    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

    Thanks
    KPR



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  • jonty_11
    11-17 10:21 AM
    MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.

    We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi




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  • nfinity
    07-17 09:46 AM
    Its I-485 which indicates immigration intent. Its right there in the conference call. Someone asked the same question in relevance to filing for F1.



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  • morchu
    04-28 03:39 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.




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  • h1denied
    03-16 08:17 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!



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  • sanjay02
    05-22 06:04 PM
    Hi
    I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.

    The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?


    Thnks
    Sanjay




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  • gc_seeker_2001
    02-01 12:31 AM
    Thanks everyone for the feedbacks. My EB2 I40 has not been approved, as it was filed only a month back.

    From your responses it seems like sticking with EB-3 is better right?

    When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(

    I am planning to check with the lawyer, if they can withdraw the EB2 I-140.




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  • gc_chahiye
    09-21 03:25 PM
    Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.

    employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.




    vivid_bharti
    07-13 02:30 PM
    inn amendments ko chatega ? yaa poojegaa ?
    Great news! The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program. Each of these programs were extended for three years. The EB-5 regional center program for immigrant investors was permanently reauthorized by the Senate yesterday. The House must agree to these amendments before they go to the President and I do not yet know whether the bill will go back to the House...

    More... (http://blogs.ilw.com/gregsiskind/2009/07/proimmigration-amendment-added-to-senates-dhs-spending-bill.html)




    jay75
    06-17 03:20 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

    If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.



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