Wednesday, June 8, 2011

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  • h1bmajdoor
    11-10 02:00 PM
    Hi ,

    My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.

    Would this be a safe bet to take by choosing AC-21?

    Please reply. i need to respond to them in a couple of days....

    /* I am not a lawyer - this is obvious but I have to put a disclaimer to satisfy some members here - anyway it is your life and you have to think and take the decisions */

    IMO you should be OK. just don't do anything foolish like telling INS about your AC 21, and keep doing some technical work once in a while to justify your 140.

    Unless you take risks you will not gain anything.





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  • satyasrd
    06-01 09:31 AM
    I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
    I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
    I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?





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  • japs19
    01-07 02:57 PM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

    I am not a lawyer so it would be best to consult one.





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  • acecupid
    08-21 05:51 PM
    Did you file directly to NSC or TSC?
    DAte, time etc.

    Thanks in advance!

    Applied at NSC and was received on 16th July at 9:30am



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  • sandeep77
    03-20 05:53 PM
    bump





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  • krustycat
    03-09 07:26 PM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

    You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
    Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.

    the company's net income is equal to or greater than the wage that is offered
    the company's current net assets are equal to or greater than the offered wage
    the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage


    Point #3 will fail, then your company must prove #1 or #2 in order to be approved.

    #2 => net income = taxable income
    #3 => net current assets = current assets - current liabilities



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  • green_card_curious
    03-08 12:15 PM
    Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

    P E R P L E X E D !!





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  • gsc999
    05-29 08:04 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
    ---
    "Attorney Opinion" hmm... this title is misleading. USCIS priority date is not a legal issue. That so called opinion is a personal opinion. Ask him/her again. But this time let him that you might make some financial/ personal decisions based on his opinion :) and see his/ her reaction. Ask him what are the consequences if his advise is incorrect.:p This just might change this opinionated Attorney. Btw, I would be happy if this attorney is proven right. We all want the priority dated to move faster.



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  • smuggymba
    06-23 11:44 AM
    I used to work for big4 in IT, they file in EB3 unless you're a Sr. Mgr. I quit and joined another US company just for EB2...hoping for the best.





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  • s.m.srinivas
    03-31 10:42 PM
    Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
    "snathan", can you tell me what are the options for me now in this situation?



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  • spicy_guy
    03-31 06:18 PM
    congrats! Enjoy your Freedom with Green :-)
    A LONG way to go for us. Maybe a decade. For EB3





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  • reddymjm
    05-16 02:53 PM
    Sent an email to 20 of my friends @ work to that and following up with them.

    Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.



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  • anilsal
    12-25 01:32 AM
    top if the administrators can make this thread sticky. :)

    IV has really mobilized the EB immigrant community under one roof.

    I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.





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  • vikram_singh
    07-27 01:02 PM
    Wow, never thought you people would like it:-)
    Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.

    You can also leave feedback at http://immisearch.blogspot.com/

    -Vikram



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  • andy garcia
    07-30 02:11 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB

    All the Receipts go to Lawyer Alone.

    You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.





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  • eb3retro
    04-11 09:05 PM
    always efiled, never went for finger printing..follow my previous posts for more updates.



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  • HereIComeGC
    03-26 02:07 PM
    I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...

    But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...

    Even NASDAQ could be more predictive than this...

    I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!





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  • 08OCT2008
    01-24 10:54 AM
    China EB3 received 3,513 visas when India EB3 received only 2856 when both countries are retrogressed. Also Chinese Student Protection Act requires the numbers be reduced for Eb3 category.

    EB2-I and EB2-C received approximately 20 K visas in addition to their regular quota. If the same holds true for 2011 will bring the cut off dates to Feb - Mar 2007 for these countries.





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  • Queen Josephine
    June 19th, 2005, 08:53 PM
    It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)

    If you get frustrated with it, drop a note. I actually did the rainbow pic this am before I left the house.... took screen shots while doing it and made a pdf file for you. I just haven't had time to get it up on my website yet though. Maybe tomorrow!





    greencardvow
    07-20 08:22 PM
    Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site





    eldrick
    08-16 02:49 PM
    I guess we dont have a choice but to pay.

    Thank you all for your advise.

    One more thing, no form G-28 was given to me to sign. What does this mean?



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