Wednesday, June 8, 2011

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  • eb3retro
    02-04 10:35 PM
    I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

    Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

    Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

    Thanks for all your inputs.

    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.





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  • windycloud
    09-29 04:05 PM
    EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/

    Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
    Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.





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  • sledge_hammer
    07-05 09:03 PM
    I think you and many more members here are simply paranoid!

    Do you think that after announcing that all applications will be rejected, USICS will just keep those applications indefinitely? Come on, we are dealing with a federal government agency here, not some mafia.

    I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...

    a) Need to record each application that they have received
    b) Need to make sure that there are no concurrent I-140 filings
    c) Need to differentiate the packages received in June and July
    d) Etc
    e) Etc

    What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?

    What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....

    What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?

    Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?





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  • chmur
    03-23 10:42 PM
    H1B extension takes 2 months . You are 4 months out from your trip out of country.



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  • file485
    12-06 11:16 AM
    Hello ..

    filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..

    guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!

    Any idea when could my case be touched...expecting not until March..

    whole of our life ends up in waiting...!!





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  • indian111
    06-02 05:04 PM
    I went by my EAD expiration date and filed both EAD and AP renewals but only after filing , I saw my AP expiry date is mor ethan 120 days away .I am really worried abt this .I received my receipt notices but no birometrics yet.
    Have anyone of you guys got other updates ?



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  • Rules and field lines,



  • neerajkandhari
    11-14 03:04 PM
    I saw two lud on my i-485(yesterday and today) What does that mean?
    I have completed my biometrics, received EAD and approval notice for AP has been sent.

    Can somebody clarify on this please??

    what is ur PD





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  • kaylamarie
    01-27 11:54 AM
    Hi All,

    I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).

    I am very new to understand the rules and regulations and seek help from experienced folks here.

    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.

    If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.

    I know this is a immigration site and not a job search, but i have lost all hope of working here since i have exhausted my search on monster , craigslists indded and other sites.

    Am not able to find out who would sponsor h1b for clinical research, so am posting here.

    Please help with any info you have. Thanks for your time.



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  • Essential part of football



  • gcisadawg
    07-29 07:36 AM
    I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.

    The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

    My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.





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  • mpillai
    05-08 09:40 PM
    Many qualified for EB1 need not necessarily be already in EB1.
    Possible reasons are:
    1. Unawareness at the time of filing (just followed what attorney said).
    2. Was not in a hurry for GC, so just followed attorney.
    3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
    4. The job requirement at that time didn't need an EB1-qualification.

    You will be surprised to see how many PhD and MS candidates and researchers are in EB3.

    just wondering
    How gaining so much experience or education is possible in such a short amount of time?
    No , I'm not jelous or anything. Please don't misunderstand.
    EB1 requires very high education. Right?
    just wondering. I 'm ready to work hard. Just need direction?
    How people do it. Do they take a MBA/PHD?
    Thanks



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  • SOCCER FIELD DIMENSIONS METERS



  • hopefulgc
    10-09 06:45 PM
    please post your wedding pictures... if y'all tie the knot :D:D:D




    Marry me...i like funny people......

    /thread





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  • GCard_Dream
    09-10 12:54 PM
    The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:

    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS



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  • saps
    01-08 07:06 PM
    Most likely, I might be moving into a new apartment next month. My EAD and AP are due for filing for extensions. Is it really necessary to file EAD and AP renewals in continuity? Can I wait and file the renewals after I move and have the new address information? This means that I might not get the renewed EAD and AP before my previous ones expire. I am currenly on H1-B and have not used EAD and not planning to use EAD and AP in near future.
    Any help is really appreciated.





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  • belmontboy
    05-20 01:11 PM
    If you win, her husband will be after you...:D

    i don't think so.. he is one busy pilot :D



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  • jsb
    12-02 10:41 AM
    I am in the same boat ... albeit little behind you...

    My PD is also Aug 2005 (EB2).
    My ND is Sept. 17, 2007 and RD is Aug 7, 2007.

    Hopefully someone picks up my file from the dungeon and at least remembers me... :)

    I am glad someone is at least looking at your file ... RFE ayaa to RFE - but at least its on someone's desk ... cheers!

    Does it mean they are now looking at apps based on RD, even if PD is not current? I was current in Aug/Sep, but I didn't hear anything (as possibily for them a date closer to ND is the "date received", which for me is Oct07, although my RD is 2July07).





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  • crazy_apple
    04-26 01:48 PM
    Hello, since this is a thread on Canadian PR - I wanted to know if anyone had been through a similar situation.

    I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.

    My questions are:

    - Will the Canadian immigration officers ask why I am making the trip to Canada?
    - Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
    - Do I need to apply for a travel permit, even though I have the plastic PR cards?

    Your input will be appreciated.
    Thanks!



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  • singhv_1980
    01-31 10:41 PM
    If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html

    As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.

    By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?

    Thanks for the info.

    I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.

    May god bless us all.





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  • shar533
    04-30 12:38 PM
    Gator, I wish I could answer that part.While I was doing research on AVR on this forum and other Google results, I think I did read somewhere that using AVR might affect adversly on AP application.
    You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.





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  • inspectorfox
    09-16 12:49 AM
    I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!





    GCard_Dream
    08-07 12:21 PM
    If you can't decide, give him a blue dot. :confused:

    initially I was mad, becasue I remembered the revised July 2007 visa bulletin that came out declaring a reversal. Since NSC is going slow, I thought that DOS has once again pulled back on the dates. Later on I realized that its a mistake by the thread owner and got pissed off, and finally all I can do is laugh on the entire brohaha. Can't decide if we should give red dots OR green dots to the thread owner





    modvik
    05-25 07:45 PM
    It was in Cornyn ammendment.


    Did the Cornyn Amdmt make it into the bill?



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