Monday, June 13, 2011

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  • jaggu bhai
    08-23 10:20 AM
    Folks
    Pl advise on our situation

    My wife is going to start her masters here.
    My I 140 approved in EB3, with PD May'2009.

    Few people are saying not to shift her visa from H4 to F1 as anytime, some miracle is going to happen and we would be able to file I 485.

    Need ur advise on my situation i.e, whether to shift her to F1 status:confused:.

    Thanks
    Jaggu





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  • va_dude
    10-07 01:20 PM
    I dont think you can extend ur H1b once it has expired.

    So just stay on your EAD.

    I do remember that i had to re-file the I-9 tax form with my employer once i moved to the EAD. So do the same with your HR.





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  • hebron
    06-22 01:39 PM
    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil


    Hi Sunil,
    I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.

    I am not sure if my experience helps you or not, but please check with your attorney.





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  • Macaca
    02-20 11:58 AM
    washingtonwatch has survey for CIR (S 9). I encourage every one to post comment and vote.
    http://www.washingtonwatch.com/bills/show/110_SN_9.html#usercomments

    I see the following kind of posts at the above kinds of sites.

    I am almost 7 year in this country
    this country gave me lots of opt. but i am stuck with EB3 i am unable to file I-485 lets hope +ve for this bill please push this bill
    lets pray to God together.

    I don't see the following kind of posts at the above kind of sites.

    I have been folllowing IV for some time now and i feel core are just bunch of useless and ineffective group of people, with zero track record....... they are going to achieve NOTHING!!!!!

    Such a post would replace the word IV with Senate/House and the word core with the names of four important persons involved with our issues:
    1. Nancy Pelosi (Madam speaker),
    2. Zoe Lofgren (Chair, House subcommittee on Immigration),
    3. Harry Reid (Senate Majority Leader),
    4. Ted Kennedy (Chair, Senate House subcommittee on Immigration).

    Come on TIGER these are the sites to vent your frustation. You will get your GC (overnight delivery or even personal delivery by Nancy Pelosi + Harry Reid) with the above kind of posts. It will also show the way to the dumb contributing IV members.

    Please lead the way at the above kind of sites.



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  • Rb_newsletter
    09-08 10:22 PM
    I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
    Can EB immigrants expect something out of CIR?


    Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)

    6. We must encourage the world�s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but must discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers; and finally
    ------------------------
    ////////////////////////
    ------------------------
    Sixth, we need to recognize the important contribution that high-skilled immigrants have already made, and must continue to make, toward revitalizing and reinventing the American economy.

    No immigration system would be worthwhile if it is unable to attract the best and brightest minds of the world to come to the United States and create jobs for Americans�as has been the case for Yahoo, Google, Intel, E-Bay, and countless other companies.

    That being said, any reformed immigration system must be successful in encouraging the next Albert Einstein to emigrate permanently to the United States while, at the same time, discouraging underpaid, temporary workers from taking jobs that could and should be filled by qualified American workers.





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  • desih1b
    04-06 10:01 AM
    Sorry to hear about your dad's health.

    As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.

    If you applied for 485 and have AP, please keep it with you in case of need.

    thanks



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  • kk_kk
    05-12 02:10 PM
    I have travelled via Frankfurt recently and you don't need a transit visa if

    while going from USA to India

    1. if your final destination is India and you hold Indian Passport

    while coming from India to USA

    2. AP is just fine.





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  • GCanyMinute
    09-10 08:42 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.



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  • indigokiwi
    05-20 11:34 PM
    Haha...so does this mean that no one really knows what OP stands for? :D





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  • sjhugoose
    January 6th, 2004, 10:01 AM
    One other suggestion! YOu may want to build a "bird mask" using the select color tool. and then apply that above the NI'd image.

    This will some of the noise in the bird but will add detail in the bird. The select color range tool will give a semi transparent selection so it will kind of give you the best of both worlds than a straight select tool.

    Also you could use Q and do a qick mask then use a semi transparent brush to select the bird to do the same things as color range select.

    Scott



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  • gconmymind
    02-29 01:00 PM
    Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.





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  • SlowRoasted
    04-24 10:29 PM
    i think i like the goose one most



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  • blogger
    06-24 10:01 AM
    Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.

    We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.

    Will this cause any problem during background check?





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  • innervoice
    08-20 09:03 PM
    Include me
    EB2 - I
    I-140 Approved
    PD: Oct 2005
    RD: 2 JUL 2007
    ND: 8 Sep 2007



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  • ramhs
    02-06 07:43 PM
    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.





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  • invincibleasian
    03-02 12:22 PM
    Hi All,

    I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.

    I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.

    Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.

    I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!

    This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.

    Only thing though is my wife would need to attend interviews.

    Any suggestions/feedback will help me and all other people in this situation.

    Thank You,
    The 116

    Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!



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  • looivy
    11-12 05:46 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.

    Regards,
    Teky.

    What about Ciudad Juarez or Nogales Mexico? Any idea how long?





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  • jonty_11
    07-24 12:19 PM
    what abt ppl who are already contributing members...?
    Poll doesnt cover them





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  • InMess
    02-22 09:34 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.





    aroranuj
    09-09 11:20 AM
    Hello Everyone,

    It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
    --------------------------------------------------------------------------
    BACKGROUND & TALKING POINTS
    --------------------------------------------------------------------------

    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
    Please use the instructions provided below to make the phone calls.

    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters

    2) If they are not available leave a VM for them -

    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    To Democrats: More people will be able to get their citizenship in reasonable times.

    To Republicans: Companies will be able to attract more talent which improves economic performance."

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.

    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
    support.

    The list of key representatives along with their contact information is provided in this post.

    --------------------------------------------------------------------------

    If asked please say that you are a member of Immigration Voice.

    -------------------------------------------------------------------------

    If the staffer ask - "did you call the representative in your area", say that -

    "Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."

    Democrats

    Zoe Lofgren, California (202) 225-3072
    Sheila Jackson-Lee, Texas (202) 225-3816
    Maxine Waters, California (202) 225-2201
    Bill Delahunt, Massachusetts (202)-225-3111
    Robert Wexler, Florida (202) 225-3001
    Linda T. S�nchez, California (202) 225-6676
    Steve Cohen, Tennessee (202) 225-3265
    Hank Johnson, Georgia (202) 225-1605
    Betty Sutton, Ohio (202) 225-3401
    Luis Gutierrez, Illinois (202) 225-8203
    Brad Sherman, California (202) 225-5911
    Anthony D. Weiner, New York (202) 225-6616
    Adam B. Schiff, California (202) 225-4176
    Artur Davis, Alabama (202) 225-2665
    Debbie Wasserman Schultz, FL (202) 225-7931
    Keith Ellison, Minnesota (202) 225-4755
    Tammy Baldwin, Wisconsin (202) 225-2906

    Republicans

    Lamar S. Smith, Texas (202) 225-4236
    Jim Sensenbrenner, Wisconsin (202) 225-5101
    Howard Coble, North Carolina (202) 225-3065
    Elton Gallegly, California (202) 225-5811
    Bob Goodlatte, Virginia (202) 225-5431
    Steve Chabot, Ohio (202) 225-2216
    Dan Lungren, California (202) 225-5716
    Chris Cannon, Utah (202) 225-7751
    Ric Keller, Florida (202) 225-2176
    Darrell Issa, California (202) 225-3906
    Mike Pence, Indiana (202) 225-3021
    Randy Forbes, Virginia (202) 225-6365
    Steve King, Iowa DO NOT CONTACT
    Tom Feeney, Florida (202) 225-2706
    Trent Franks, Arizona (202) 225-4576
    Louie Gohmert, Texas (202) 225-3035
    Jim Jordan, Ohio (202) 225-2676





    royus77
    07-10 12:02 PM
    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?

    Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .

    VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit



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