Wednesday, June 15, 2011

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  • pradeep_s
    12-20 11:01 PM
    Hi Msyedy,

    Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.

    Thank you,
    pradeep





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  • vnsriv
    10-26 03:36 PM
    I am also one of those, who received the EAD while the online case status reads as "Case Received and Pending"

    Wish that's true for my spouse's GC :)





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  • pappu
    10-12 08:56 PM
    http://www.uscis.gov/files/nativedocuments/USCIS_Monthly_Oct07.pdf

    also in the monthly newsletter.





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  • martinvisalaw
    06-15 11:46 AM
    You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.



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  • akred
    06-03 02:17 PM
    akred,

    I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.

    The disciplines are in the right hand column on that page.

    I think what you are looking for is information classified by degree name. That level of detail is not available.





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  • hebron
    06-14 03:09 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)



    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?



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  • dvb
    07-28 02:16 PM
    Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???





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  • glen
    05-18 01:46 PM
    Absolutely great. Love to be a part of IV.:)



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  • HumJumboHathuJumbo
    01-02 03:51 PM
    presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

    You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks





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  • Ramba
    03-26 12:16 PM
    no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.

    any feedback is appreciated.

    May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.



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  • Euclid
    03-19 12:06 AM
    It did. This does work and I can confirm from experience. Go ahead and all the best.





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  • slc_ut
    01-18 10:30 AM
    I've visited the local IRS office again. A different official told that only passport is enough for a foreign national to get the ITIN number. The W7 form needs to be submitted with the tax filing documents.



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  • IV2007
    07-30 10:37 AM
    Guys,

    My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).

    Once school is complete one needs to get back to same position or higher as an EAD applicant.

    I am also looking for concrete answers/confirmation on this.

    Tried to post a mesg to attorney on this forum but the post was closed. :(

    Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??

    Thanks
    shree





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  • ds37
    07-16 10:50 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Thanks A lot Dealsnet.


    DS



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  • fromnaija
    07-23 02:38 PM
    I remember reading somewhere on USCIS website and this forum that FP taken in late 2007 (probably for all July 2007 filers) will last for the duration of AOS application...

    This must be for bad FP or for missing FP for self or any family member...


    I posted the following at another forum on this topic:


    USCIS is developing the Biometrics Storage System (BSS) w hich will allow the re-use of fingerprints and, if an application or petition has not been adjudicated within the fifteen month validity period, USCIS will be able to simply re-submit the stored fingerprints to the FBI, without any involvement of the applicant or petitioner. See 72 FR 17172 (Apr. 6, 2007) (establishing a new system of records).

    It is from this link:
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52


    Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.



    DATES: The established system of
    records will be effective May 7, 2007
    unless comments are received that
    result in a contrary determination.

    This is from FR 17172 which you can find at:
    http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172





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  • sr77
    09-26 11:45 AM
    Hello,

    The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.

    We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.

    I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.

    1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
    2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?

    I am concerned that the dates will retrogress again. Any advice or comments will be helpful.

    Thanks,
    SR



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  • kondur_007
    08-24 10:23 PM
    I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
    And yes, there is a rule about this that they came up with since past few months (?about a year now..)
    I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
    Good Luck.

    (Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).





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  • insbaby
    07-17 11:01 AM
    I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/

    If you are holdng a Passport issued by other than SF Consulate:

    * If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier

    *If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.

    As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.

    If you are holdng a Passport issued by SF Consulate:
    Applying in person: Same day or latest by the next working day
    Applying by mail: 10 (ten) business days excluding the time taken in mail

    http://cgisf.org/misc/miscservices.html





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  • gsc999
    01-18 02:58 PM
    Guys,

    Vote for Change. I know you are feeling left out of the presidential caucuses and primaries. Here is your chance. Vote for change, for Admin fixes, change your quality of life and help American economy at the same time by freeing up pent up Entrepreneurial energy and other decisions e.g. buy a house. Ben Bernanke/ USCIS/ President's office, if you are reading this: Empower this sizable chunk of legal immigrants to help kick-start the American economy.

    I only see one vote and that too mine on the attendance poll above.
    Don't let anyone take your vote and your voice for granted.

    Btw, those snacks are not going to finish themselves and I am watching my weight (New Year resolution). Need your active participation. Sign n Dine!

    Show me your vote (for Sunday event attendance)

    I am gsc999, and I approve this message :)





    small2006
    07-11 12:14 PM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.

    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?

    Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.

    I have anyway taken another info pass appointment there again just to try my luck again.





    vaishnavilakshmi
    09-28 07:37 PM
    Hi,

    Call in the following sequence for typo rectification on any of ur notices.

    1-800-375-5283
    Press 1 (for english)
    Press 2(to skip introduction and go to main menu)
    Press2(For case status)
    Press 5(if there is any typo in any of the notices/reciepts)

    Hope this helps u,
    Vaishu



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