Jumat, 10 Juni 2011

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JAN29

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  • gc_on_demand
    02-04 04:05 AM
    All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.

    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.





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  • FredG
    July 18th, 2004, 07:54 AM
    What an interesting plant! I like the second one better, as it isolates one plant and you can see that all the parts really do belong to just that one. DOF must have been quite a challenge.





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  • arc
    10-25 04:56 PM
    bump





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  • bazuka6
    09-24 01:36 PM
    Hi,

    I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?

    Please let me know. Thanks for your help.

    Can't do it. Employment start date with non-gc employer(your current employer) is prior to 180 days from when 485 was filed

    They'll deny the 485



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  • bombay
    02-14 05:21 PM
    either way we are screwed. The only option is to support IV, Send letters and tell others to do the same too.
    BE ACTIVE in IV's action items


    PD Oct 06
    I485 filed
    I-140 approved + 180 days + job change soon

    Live life with Passion. Forget Green card and other worries. Everyday think What did i learn today.





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  • ss2005
    06-17 04:12 PM
    Hi GCCovet,

    Thank you.

    I did H1 transfer and notified USCIS abt my new job.
    My old guy is not going to revoke it and also agreed to use the same attorney.



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  • visves
    06-18 02:37 PM
    With the new fee structure, you would not have to pay USCIS every year to renew your interim benefits (EAD/AP). This would be most helpful if you are from a retrogressed country and don't expect adjudication any time soon. But, I am not sure what disadvantage you would have if you wait and file on July 30 instead of July 1...obviously there would be a ton of people before you. Personally, I am not sure how everything would play out and if the benefits outweigh the risks.


    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!





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  • bhatt
    06-05 10:58 PM
    Hi,

    I have been selected for the Green Card Diversity lottery and have some questions:

    I have been working for the past 6 years on a H1B visa and have been laid off in March.
    I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
    I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).

    1- Is my Green card application/approval in jeopardy by being out of status?
    2- Is it possible to have my status adjusted and proceed inside the United States?
    3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
    4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?http://immigrationvoice.org/forum/images/smilies/smile.gif
    5- Overall, what would be the recommended approach to give the best chance of approval?

    Thanks in advance!
    Congragulations for winning the Lottery!:)
    1. Being out of status for upto 6 months ( 180 days is Ok). generally ?USCIS will pardon it
    2. I am not sure
    3 dont; know
    4. yes
    5. consult a good attorney



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  • makemygc
    07-26 09:21 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.





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  • v_javans
    09-07 09:43 AM
    Hi All,

    Friends, I have few questions regarding EB2 category and need your help & advice.

    What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.

    Thanks in advance for your time.

    Regards,
    javans.



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  • GCNaseeb
    02-06 03:40 PM
    Anything like this calls for "accommodating beneficiary" and its illegal when it comes to Immigration. Both sponsoring employer and beneficiary will be in problem. This is well discussed before and at least my Attorney did not recommend.

    Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.





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  • vxg
    10-26 06:26 PM
    Gurus,
    I have EAD and FP done. Got receipts but no sign of getting AP.
    Is this common? Many friends who filed during the same time as me got
    it. I filed w/TSC.

    thanks for all the help
    iad

    Guys,
    My A # on EAD is different from approved I-140? Is it common?



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  • praveenuppaluri
    02-22 01:56 PM
    voicerj and gnutin

    thanks for the options.. just surprized that we must go through these procedures (like Quillpad, installing native font etc) to fill a form that is designed for people outside of USA, most with a non-english native language.

    whats wrong with an option of 'blank' field and use the good ol' pen :p

    thanks for your inputs. really appreciate it.





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  • gauravster
    04-22 11:07 AM
    What I say should not be construed as any form of legal advice but based on what I know I list the following things.

    1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
    2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
    3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.

    Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.

    I hope this helps.

    Cheers,
    Gaurav

    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?



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  • jthomas
    03-27 02:55 PM
    EAD needs same or similar job requirement as petitioned in your labor.

    With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.





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  • ashkam
    09-14 07:42 AM
    I watched Schindler's list and I don't know, I feel the Jews had it a bit worse than the "highly skilled immigrant" community. You know, what with the gas chambers and millions executed and what not.



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  • GCBy3000
    04-26 02:52 PM
    I work for TOP 10 and background check is very serious here after enron debacle.

    We interviewed several people and offered positions. To my surprise there are huge number of people fail the stringent background check of my company. They do it through private firm I beleive. They check all the previous employment, school / college records etc etc. Scary if you commit even a small offense like drunk and drive, etc etc and it affects your career.

    THE FAILED persons are all CITIZENS.

    What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.

    Actually it depends upon company to company how much background check they do and not on your visa status.





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  • shana04
    11-05 02:34 PM
    What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.

    It all depends on the rollercoster where you have been in your life.

    May be one day I would be on the other side talking more optimistic.

    But I would never critic others opinion based on the fact that what they are going through (in life).

    But I would say good luck to you my friend.





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  • h1techSlave
    10-04 12:42 PM
    I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??

    Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.





    glus
    05-13 08:26 AM
    Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.

    Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).

    Obviously you need to show about your strong ties in home country and why you might want to come back.

    But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.

    Morchu,
    Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.





    seekerofpeace
    09-05 03:38 PM
    Inshkrish,
    You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...

    Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....

    I am not sure how to check...if online is not reliable...

    Regards,

    SoP



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