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Sunday, June 19, 2011

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  • soma
    02-11 02:07 PM
    But atleast with PD of March 2001, I have some hope, esp mine is in NC presently.

    If you are EB3 then you shd get ur GC soon, best of luck!!





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  • jonty_11
    12-14 12:47 PM
    I have asked this question before, but got no response - If one of the spouses have a Shoplifting Charge in Singapore, and its been over 5 years since that hapened, Can we file the application together and request a pardon since its been over 5 years? Does anyone know how to do this.

    Currently, the Application has been filed with only one person landing in Canada option.

    I understand earlier Buffalo office would not require Police Clearance from Singapore but now they want the applicants to get that. I did not prvoide one as I filed before this change took place.

    Any idea what one can do in such a case?





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  • nat23
    03-23 03:28 PM
    based on link -
    http://public.cq.com/docs/cqt/news110-000002476084.html

    It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.





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  • piyu7444
    04-05 06:15 PM
    My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.

    After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.

    What could be the reason for this RFE? Is it common?

    People here have related change of address to RFE but I personally do not blv. it happens as I changed address 3 times and nuthing adverse happened.

    Wait for the RFE. It could be something minor. Since you are eb1 they might need something related to your job/experience. Each RFE is different and no one can predict what it could be. I have seen that 80-90% RFE can be replied easily so dont worry. Post again when you have information on what USCIS is asking for and I am sure that somone out here will be able to help you out.

    Good Luck.



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  • Gravitation
    08-18 05:32 PM
    You have an approved I-140, so the PD belongs to you.

    Find a job that requires either an MS degree or BS+5 years experience (this could very well be your current job). File a new perm. When it's approved file for a new I-140 in EB2 attaching the copy of the old approved I-140 asking to capture that date.

    Then attach your new I-140 with EB2 to your existing I-485 application.





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  • pappu
    10-06 08:25 AM
    We have many in our company went back to India after applying 485 or with pending labor, their GC process still in progress

    but they choose to goto India mainly becuase of uncertain GC process

    I myself have a good offer from my company which I am pondering on, I am stuck here for a while to finish my masters

    if I go back to India, it could be that I might taking many more jobs, as I need to train and build a team in India and replace my team here

    oh well, I am sure there are stories similar to this we got to find it, we need to show losing one skilled labor could also mean losing many more
    i sent you a pm .



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  • hydboy77
    08-21 01:01 PM
    There is no such thing as a cooperative employer in this economy. I will give you an example, recently in my wife's company they had advertised for a genuine job and on the first day they recieved 200 applications!!!!!!!!!!!!!!!!!!!!!!!!. The hr after one week has not been able to review just the first day responses. because of situation like this no company is willing to even file for eb3 labor leave alone eb2. Because they cannot justify a perm labor when they are recieving dozens if not hundreds of resumes. It is because of situations like this that labor department is becoming stricter and stricter by the day. The post below seems to suggest even if you get audited you will get approved in 1.5 to 2 years. In this environment where unemployment is rampant there is very little chance of success in getting perm approval even in eb3 so dont be under any illusion that no matter what perm would be approved. It will not be approved under current market conditions because of hundres of resumes to perm advertisemsnts. it is because of this reason that a vast majority of companies have decided not to sponsor green cards. there is no such thing as a "coperative employer" in this economic conditions. Companies are being forced to send employees away from US because there 6 years of h1 are comming to an end and they are not able to file green card in this economic conditions.

    OP - If you have a cooperative employer, I would say go for it. Given the rate at which EB2-I is progressing, you will get GC much sooner although the PERM process for EB2 may take a long time. Assuming you get an audit on your PERM, even if the entire process takes 1.5 years, you can get your 140 in PP and once your PD is ported, you are current. Even if the entire process takes 2 years (worst case), it's worth the effort. EB3-I will move at a very slow pace. As others suggested, you wont see significant movement till EB2-I is current.

    Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.

    I'd say go for it. Good luck!





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  • hopefulgc
    09-11 01:02 PM
    imagine having that on ur back.. and then you go to a beach in france/middle east.
    You would totally get shot at.



    :D

    You cannot mess with that, Can you?



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  • WithoutGCAmigo
    07-12 05:32 PM
    Sorry to hear about your case. Immediately call your Congressman's/Senator's immigration wing. They will help you. If not, try to call attorneys like Rajiv Khanna or Sheila Murthy or Shutterman. They will charge you for the call, but you may get some valuable ideas.

    Good luck. Hope it gets resolved soon.





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  • houston2005
    07-10 10:19 PM
    Thanks for your amazing help.
    I have two more question that I am not sure about:

    1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?

    2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?

    Thank you,
    John
    In EB1, there is a category Aliens of Extraordinary Ability where you don't need employer sponsorship.



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  • dilipb
    02-16 02:01 PM
    Also I dont see anywhere the real PD mentioned anywhere.
    Sorry I might be blind or really really drunk.
    But if someone can point me that PD mentioned anywhere above.





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  • ashkam
    12-10 11:10 AM
    Ok I think we are reaching new heights of RIDICULOUS here. An IV member has asked a SIMPLE question about whether or not an Indian citizen needs a visa for the Bahamas.

    Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?

    Agree with eb3_nepa. Couldn't have said it better. Bullying people is usually not a very effective tool for recruitment.



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  • reddymjm
    10-06 08:27 PM
    Very sad. I just read it in CNN and came here.





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  • nonimmi
    06-15 03:04 PM
    Update -
    At Dr. Marcel Stern Walk in accepted. My wife just called me from the Doc., they said it's ok. You may have to sit there for couple of hours. So guys, run......

    Thats great! Congrats!! :) Are they charging $350 just for initial checkup or with shots, x-ray??



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  • 485Mbe4001
    06-13 02:24 PM
    We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
    a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
    b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
    i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.



    Folks:

    I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:

    I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.

    I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.


    Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.

    Can I change to EB-2? What do I need to do? What are the risks?

    Any/all pointers will be appreciated





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  • ItIsNotFunny
    10-14 07:14 AM
    I hope EB3 India crosses 2001 curse in couple of months :).



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  • GCwaitforever
    04-03 10:04 AM
    24.�Moonlighting� Under EADs

    AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.

    Response: We appreciate your request and will take this matter under advisement.

    ADDENDUM III �Moonlighting� Under EADs

    For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
    AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
    The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
    In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
    However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
    AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.





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  • dealsnet
    07-01 11:44 AM
    My friend is also with Ron, and he is highly satisfied. My lawyer before is a Desi woman in New York. I am upset with her most of the times. Final RFE reply for my wife's (I-485) is send by me and got approved within a week. (lawyer asked me big $$$)
    I didn't know Ron when I started my labor process.

    My recomendation to everyone to go to Ron Gotcher to avoid headaches.

    Been with Ron Gotcher for over 5 years now. Never ever had a problem. The best thing is you can talk to him or his son anytime regarding any immigration issues. I had lots of H1 issues with my current employer and he was gracious enough to talk to my employer several times and help them out without charging me a penny. I would highly recommend him.





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  • looneytunezez
    03-31 04:33 PM
    done....





    meridiani.planum
    03-03 01:51 PM
    Thanks for starting this thread. I had completely forgotten about my passport expiring in Jun 2008. I have a question. Is it mandatory to fill name of spouse on the renewal form, if you are married. Let me know.

    Thanks

    no its not.





    Hi_Nu
    04-17 04:15 PM
    At this point, I'm not interested in learning XML or XSLT, my point was that you really don't <i>need</i> all of those things, escpecially when you are first starting out. There are plenty of people who would be happy to hire someone and keep paying them to update. And PHP would work just as well as a content management system (with mySQL of course)
    yep, but that is not XML is about, but a mySQL would work too, but is it a need to learn mySQL (I need to upgrade my local host)