Saturday, June 25, 2011

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  • msyedy
    03-24 04:05 PM
    Hello fellows in pain!

    I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:

    - US Bachelors in Computer Science
    - More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
    - However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.

    Any suggestions would be extremely helpful!

    Cheers,
    Me.

    I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.

    It depends on the lawyer. Get a good lawyer and find out if he can help you.




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  • justareader
    03-24 04:23 PM
    Mark, That was awesome. Thanks for the effort




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  • gsc999
    04-19 11:30 AM
    Atleast, Janak was bold enough to be straight forward.




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  • royus77
    07-17 10:59 PM
    The link is not working
    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf



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  • H1B2GC
    10-01 10:39 AM
    Here are my thoughts, I-485 application is accepted by USCIS based on priority date set by DOS in order to distribute available visa per country violating the basics "All men should be treated equally".

    Remember, the rules are made by the system not for itself.




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  • alterego
    06-13 06:21 PM
    It means the immigration sub-committee will discuss and vote on this issue and it is a positive sign in my view that the democratic leadership is allowing this to go forward. If it passes the subcommittee then it will be sent to the floor and may be scheduled for a vote there. I am desperately hoping for a floor vote on this, hopefully the democratic leadership will see the justice on this one.

    The CHC needs to realize that this is not about elitism. The EB community has been through this cycle of delayed EB reform for the sake of CIR on previous occasions and continuously since 2005. We have never opposed a pathway to legal status for the undocumented. It is time that they give us some consideration for our own plight. Failing which they will be seen by moderates as the hardliners.

    Make the calls people. Your call may make the difference, especially if you are in the congressional district of a key contact, please, please make that call. Make a call and consider it your duty to persuade another colleague do one too.



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  • hmehta
    12-14 01:16 PM
    Best course of action would be to go to your Home Country during that period....visa stamping is not a big deal at all.....njoy your vacation...for you might not get this much off/free time in the foreseeable future!!!!

    You can not work after 7/9/2007.
    The end of the OPT will determine when you must stop working.
    The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.

    andy




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  • mnkaushik
    06-04 04:57 PM
    Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.



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  • gg_ny
    06-22 10:34 AM
    It only makes sense to use RD when PD is current or has moved up. But the order of processing is not just RD but other factors like fingerprint, name check etc. as discussed in other mails.

    Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
    -g

    I agree, but with a little change.

    With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002




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  • roseball
    02-28 04:33 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

    B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

    C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

    Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)



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  • arnet
    11-16 12:28 AM
    you can use any of the consulates in india.

    but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.

    disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.

    I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..




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  • gc_buddy
    01-08 07:36 PM
    He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.

    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help



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  • GCard_Dream
    07-13 04:42 PM
    That means you have no reputation at all :D :D :D .. kidding.

    I think all that means is that no one has given you any reputation point yet.

    Wow!. I did not realise that. I an unknown quantity. What does that mean?




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  • GooblyWoobly
    07-18 07:24 PM
    1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

    2) What all docs are required for filing EAD & AP?

    1. My lawyer clearly said you can't, unless you file it together with AOS.
    2. I765 and I131 forms. Everything else has already gone in with the AOS.



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  • Dhundhun
    07-21 06:17 PM
    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far

    For people from India, skin test is usually positive and x-ray normal. No one gets RFE for that.

    Why they should give you RFE? Is there any hidden message, which I am unable to makeout from your post?




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  • jonty_11
    06-11 12:18 PM
    Guys,

    Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will

    He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...

    http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html



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  • nrk
    10-06 06:07 PM
    Done




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  • perm2gc
    12-01 05:33 PM
    Hi Gurus

    Here is my senario

    I am in my 6th year of H1 which expires in Aug 2007.

    I have my Labor (PERM) and I140 aprroved from my current employer.

    I would like to tranfer my H1 to different employer .

    can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)

    or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.

    I really need your advise on this issue.

    please help on this gurus.

    Thanks

    If the offer is good you can take it .but your new employer has to start the PERM process immediately and you have every chance that labor and i140 will be approved so that you can file for 3 yr extension.
    You can also keep the PD if your employer will not cancel the i140 once you leave the company and your new i140 is approved before they cancel.

    You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.




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  • IAF
    02-01 08:12 AM
    Congratulations!




    immigration1111
    06-11 10:35 PM
    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!




    dpp
    10-23 11:57 AM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.


    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.



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