Sunday, June 12, 2011

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  • LookingForGC
    01-14 06:33 PM
    Congratulation. Enjoy your freedom.





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  • small2006
    08-20 02:38 PM
    I gto the same response last week. They were so adamant in denying me the info that I got frustrated and hung up on her.:mad:





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  • logiclife
    01-24 11:31 AM
    If that is a problem...you know...thousands more filing 485 and swamping/drowning/choking/killing CIS, then maybe, in that case, we should not be pushing for SKIL bill also. Correct?

    Because :

    What happens if 485 filing is allowed?
    All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.

    What happens if SKIL bill passes?
    All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
    And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?

    So maybe we should not push for SKIL bill also.

    And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.

    Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?

    Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?





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  • chanduv23
    11-06 06:36 AM
    Though this may be off topic, it is related to travel and NIV.

    I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

    Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

    Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

    Thanks



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  • venky08
    01-07 03:12 PM
    there is a discussion about this elsewhere in the forum. please go thru the previous threads.

    in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

    Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

    if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.





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  • webm
    09-25 03:02 PM
    If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.

    After she starts using the EAD for work then only lose H4 status ....



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  • naturopathicpt
    06-25 10:15 PM
    Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

    I highly appreciate your warm assistance.

    NaturopathicPT





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  • thomachan72
    03-07 09:32 AM
    Deadline added to this initiative to decide whether to proceed or not.
    please see post below for details.

    http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248



    [QUote = ashwin_27]

    As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
    As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
    So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
    The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
    So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
    Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
    As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
    Please keep following and participating on this thread to show your desperation for this fix.

    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.



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  • Maverick1
    11-16 01:45 PM
    Let me restate to make sure I understood your question right :

    Are you currently working as described in "A" and going to join a job as described in "B" ?

    They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.

    As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.



    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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  • jettu77
    10-05 03:57 PM
    ^^^



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  • Libra
    09-26 12:17 PM
    No, I got my EAD approved and still waiting on I-140 approval from NSC.

    I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?





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  • gc_check
    01-23 12:29 PM
    One thing to notice, the Processing Dates are as of November 30, 2008 that is posted on Jan 23, 2009 for all 4 service centers.



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  • rameshk75
    01-09 03:24 PM
    NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.

    I don't think the dates for NSC is on or before Apr 6, 2007.

    My 140 details:
    RD: Apr 30,2007
    Approved on May 03,2007
    Regular Processing


    FYI..





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  • senthil1
    12-06 05:12 PM
    If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.

    Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.


    There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.

    The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:

    1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.

    2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.

    3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.

    4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.

    5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.

    6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.

    7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.

    8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.

    9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.

    10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

    Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.



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  • moe
    02-11 07:49 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?





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  • fromnaija
    09-26 01:32 PM
    Hi All,

    My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?

    CCC2006

    Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.



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  • EndlessWait
    01-10 04:45 PM
    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '

    thanks





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  • digitalrain
    06-25 05:05 PM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.


    Thank you very much for the response.
    I have a lawyer,he advised me to ask the US Embassy to issue the kid a Humanitarian Parole,but I'm not sure if these guys know how to process these kind of unusual cases.They told my wife that I have to file a relative petition.As far as I know he is not eligible for derivative asylum since he got born after my asylum approval.
    I wonder if she,my wife,can apply for humanitarian parole at the US Embassy?Or do I have to apply for humanitarian parole?
    Lawers that I know are expensive and I'm not sure if these guys really know what are they doing.

    I would really appreciate any advice from anyone.





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  • srikondoji
    04-26 03:34 PM
    Microsoft/IBM/Infosys/Wipro are interested in H1-B visa number hike.
    They only want more new H1-B's, coz they have to pay more for those who are already here.

    Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.

    Remaining skilled labor force with his H1 term ending are of no use to anyone.
    I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
    Thanks
    sri





    immi2006
    05-24 10:17 AM
    Does not matter how many points, can u be one of the 6300 ?

    The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.





    fide_champ
    04-07 09:37 AM
    AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.

    Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.

    Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.



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