Tuesday, July 5, 2011

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  • Vsach
    07-17 05:20 PM
    Thanks To You All It Would Not Have Been Possible Without Your Support!!!!!!!!!!!!!!!!





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  • GCard_Dream
    09-15 12:25 PM
    Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.





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  • kaisersose
    04-16 03:34 PM
    I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?

    No.

    Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.





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  • amitjoey
    06-18 11:43 AM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Yes, Please work on getting the letter and replying to the RFE, But that should not stop you from filing I-485. Pending I-140 is okay for I-485.



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  • arnab221
    01-25 02:46 PM
    When it is piecemeal people say we want comprehensive reform.
    When it is comprehensive reform they say it is too broad to pass .
    When it is summer they say Immigration Bill be introduced as early as Winter .
    When it is winter they say it immigration bill will be introduced as early as summer .
    When it is between spring(between winter and summer) they say now there is not adequate support for the bill.

    This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .





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  • shirish
    10-11 11:07 AM
    Don't worry abt the receipt date on the transfer notice. It is the date on which yor app was entered in the system, Your RN for 485 (which you have not received yet) will have the july 26th as RD and would have sept 26th as ND

    Hi Friends,

    We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

    I always thought the receipt date of my application is the day when our application reached the center.

    Can someone help explaining this....

    Thanks,



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  • sbdol
    07-29 02:07 AM
    My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

    You would agree that the majority of the July gold rush comes from two sources:

    1. Those who waited till their PD becomes current.
    2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
    The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.

    The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.





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  • GC_1000Watt
    07-29 05:43 PM
    Thank you gc_1000_waats, My attorney also suggested the same as you had mentioned.
    So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?

    Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).

    I am not too sure but I guess when you file MTR, you are not required to pay any fees.



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  • LostInGCProcess
    09-01 08:25 PM
    Folks,
    I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.

    I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.

    Is there anything else I should/could do? Appreciate any input.

    Thanks.

    Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?

    You are freaking out UNNECESSARILY.

    This reminds ne of the hindi saying " aa bail mujhe maar"
    Literal translation: Hey bull, come and hit me.
    :D:D:D:D:D





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  • eb3_nepa
    11-06 04:30 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

    My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

    I was wondering if I could use the Heallth care angle for the H1b Non Cap



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  • kaisersose
    11-10 02:32 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....

    Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.

    If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.

    Anyway, check with them and the lawyer before you give up.

    Good luck





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  • aprajimmi
    06-13 09:56 AM
    Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......



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  • singhsa3
    10-21 07:00 PM
    Any updates





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  • Better_Days
    11-03 07:13 PM
    Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.

    Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.

    Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.

    Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.



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  • vikramy
    06-22 10:14 AM
    From what i know If chest x-ray is clear you are good. I would suggest to find a different surgeon. good to have a second opinion

    Guys,

    I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.

    The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.

    My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.

    My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.

    The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.

    If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.





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  • indigokiwi
    04-17 12:50 PM
    ^^^^^^^



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  • otovarm@hotmail.com
    03-03 02:39 PM
    well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

    So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

    My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


    Any thoughts??





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  • vhd999
    04-26 06:50 PM
    My wife recently travelled to India from Seattle.

    At the check-in counter, Lufthansa people insisted that she should pay for the second bag.

    Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.

    My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.

    Sometimes I wonder, where is the end to all this nonsense.





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  • milind70
    07-27 11:01 AM
    I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
    He cant use AC21 as he will lose his H1 status and his wife will out of status.
    He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.





    PBECVictim
    03-12 07:09 PM
    Did you get second finger print notice before approval? When did you go for first fingerprint notice?

    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





    gc2
    09-22 05:24 PM
    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?



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