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  • venky08
    12-28 01:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    There are more risks in using AC21 before 140 approval.

    Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.

    Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.





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  • desi3933
    08-10 06:50 AM
    Questions for everyone to research and post the answers------
    ........

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

    However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

    By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • kothari_rupesh
    02-22 12:08 AM
    FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.


    I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.

    Have yet to receive my RFE yet, hopefully tomorrow.





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  • bigboy007
    08-15 08:59 AM
    Yes might be but Labor cert is not being part of list of docx that need to be attached even if ur 140 is pending as if you would have included I-140 receipt notice but in your case it seems better u do it rather feel sorry . But refiling in many normal cases wont help much unless if there is an issue in it.

    I would not re-submit only for EVL, but it is important you review your entire AOS application set that went out to USCIS.

    I reviewed the photocopies of our AOS applications and found a few omissions e.g. not including
    1. EVL
    2. pending I-140 receipt notice
    3. Labor cert approval which would clearly show the priority date-- instead they put a wrong priority date in the covering letter.
    I decided it is a higher risk to rely on such a messed up application!

    Hence, I am working to re-submit our AOS. I asked that I review the entire application in advance this time around:) Thanks IV... I have come a long way because of YOU!

    BTW a small issue I found on my family's AOS applications:
    For my dependants... in Part (2) Application Type, I think we should check (b) my spouse or parent applied for....
    it is currently (a) an immigrant petition giving me....

    It was also (a) in their first set of AOS applications

    Am I right in saying the checkbox to be selected is (b) not (a)?

    Thanks!



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  • coloniel60
    08-15 02:59 PM
    Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.

    USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.

    USCIS feeds us lot of BS. Their reps have no idea about the whole immigration process. You get different answers each time you call. Atleast 3 different reps told me that it's fine to refile except that I will lose the money and one rep told me that I can always request USCIS to refund my money. Go figure.





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  • sandy_anand
    11-25 06:42 PM
    Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?



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  • desi485
    01-04 03:46 PM
    Poor Guy

    ;) what do you expect if one has to keep two wives happy? :D





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  • zilmax007
    07-27 05:32 PM
    An Indian man walks into a bank in New York City and asks for the loan officer. He tells the loan officer that he is going to India on business for two weeks and needs to borrow $5,000.The bank officer tells him that the bank will need some form of security for the loan, so the Indian man hands over the keys to a new Ferrari parked on the street in front of the bank. He produces the title and everything checks out. The loan officer agrees to accept the car as collateral for the loan.The bank's president and its officers all enjoy a good laugh at the Indian for using a $250,000 Ferrari as collateral against a $5,000 loan. An employee of the bank then drives the Ferrari into the bank's underground garage and parks it there.Two weeks later, the Indian returns, repays the $5,000 and the interest, which comes to $15.41.The loan officer says, "Sir, we are very happy to have had your business, and this transaction has worked out very nicely,but we are a little puzzled. While you were away, we checked you out and found that you are a multi millionaire. What puzzles us is, why would you bother to borrow "$5,000".The Indian replies: "Where else in New York City can I park my car for two weeks for only $15.41 and expect it to be there when I return".



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  • walking_dude
    10-11 04:51 PM
    I don't know why some people have issues with everything?!

    If all those demands, that you blame, are passed - PD will move by at least a couple of years. Many, if not all, will be able to apply and get GCs faster too (as GCs are given by PD). That will definitely help the oldtimers.

    I support your cause. It should be possible to apply 485 even if dates are not current. However, it's never achieved by creating acrimony in the EB Immigrant community - H1 vs EAD, H1 vs F1, Oldtimer vs NewComer etc.


    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.





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  • gcdreamer05
    01-05 11:14 AM
    Folks,

    I agree 100% with the previous post person.

    I myself am a PMP. It is very easy to do one, you need to have the right project mgmt experience (PMI may audit it) and you need to prepare for few months and you can clear it easily.

    But the question is, more than the exam it is the practical experience, sometimes this job can be so frustrating and you feel like a sandwich being hit on both sides.

    If you already have a PM experience and you dont have the certification, definetly go for it, it is worth the spending.

    Again remember it expires in 3 yrs , you got to keep renewing your PDUs to stay current... its not like MCSD or MCAD which is for life long...



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  • Soul
    02-02 06:13 PM
    It's not cheating to vote for someone else is it??

    - Soul :goatee:





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  • suresh.emails
    08-07 05:38 PM
    Hi All

    I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date

    I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.

    My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.

    There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...

    I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).

    I believe my H1-B has been automatically canceled on immediate approval of GC.

    How do I get my future wife to USA?. What are the options left out to me now?.

    Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.

    --Suresh



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  • laborday
    07-17 10:35 AM
    The processing time is still as of June 18th... There is no july yet
    Close all of your browser and start a new one. This may work.





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  • glub
    12-20 12:03 PM
    From my conversations with various attorneys - this was something that USCIS could do on its own, and had intended to do for a while. It is great news for a lot of people, me personally as well!
    Is there any way to verify this and get comments from an immigration attorney?



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  • Canadian_Dream
    12-20 01:24 PM
    This MEMO also talks about length of stay beyond 6 years. There has been a lot of controversy involving changing job after 3 years H1B extension based on approved I-140. This memo seems to clarify that a little, but it is still not clear enough about implication of revoked I-140 on the approved H1B.

    See Section 5, Page 7

    Burden of proof rests with petitioner and alien to establish his or her eligibility....

    I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.





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  • bugmenot
    04-10 02:16 PM
    You have nailed it! And it is most prevalent not at the big schools, but rather unnamed "teaching" schools. Absolutely rotten students join M.S. of these universities in hordes, and don't care/able to study. Works in gas pumps and grocery stores to pay for their bills/tuitions, in violation of F-1 regulations. And then get "H1-b" through these body-shoppers.

    At the risk of repeating myself, I will say again: just one regulation preventing software consultancies (read: body-shoppers) will remove almost all woes against H1-B program and have a very positive effect on the GC queue in the next decade.

    agree with you, need to get rid of those body-shoppers and things will get more pleasant, infact if any new h1b bills passes (one or the other will have to pass), it will have provisions on it to get rid of body-shoppers/consultants



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  • priderock
    05-15 11:43 AM
    Its a good thing, hope this will lessen the abuse of the visas by these Indian companies. As I mentioned in another thread, I have seen that H1 and L1s who come from India dont get a very good salary. Not good.

    I think they have to pay the minimum wage as declared in their petition.
    But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...

    Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.





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  • saggi13
    02-17 10:17 PM
    to be honest with you, i dont know what USCIS is doing...

    i am hoping that they are processing the case, but i am in the same boat as any one else on this thread.





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  • Green.Tech
    06-27 02:36 PM
    Janak et. al.

    Guys, please read what people are asking for before you insert your smart ass comments and start preaching. No one is talking about saving money. People are just trying to know which photos are acceptable to USCIS.

    Get a life man!





    El_Guapo
    04-13 11:16 AM
    I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!

    Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.


    The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!


    I have analyzed EB Immigration considerably and here are my thoughts -

    Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.

    I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.

    OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.

    Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.

    If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.

    I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.

    This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!

    I am willing to talk to the IV Core team to discuss if needed.





    belmontboy
    05-18 09:37 PM
    For a moment, leave the IIT/merit/experience arguments aside...fact is US graduate schools get taxpayer funds...and one way or other students graduating in US get benefit from those taxes. Senators do not want their tax $$ investments to leave the country...that only is the reason they did something for US graduates in H1...this separate quota may or may not fly...as there is no direct benefit for US...stay on H1B and pay taxes good for usa :cool:

    wrong.
    Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].

    One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.



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