вторник, 7 июня 2011 г.

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  • CaliHoneB
    09-21 10:50 AM
    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.




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  • krishmunn
    11-30 02:32 PM
    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

    From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
    The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.




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  • waitin_toolong
    09-17 10:52 AM
    I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.

    you cannot use both H1 or EAD at the same time.

    If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
    As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work




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  • kalyan
    07-07 12:46 PM
    Invite the Senators to this meeting.

    Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .

    Invite the Heads of DMV so that they can address our driving problems

    Invite SSN people local heads.


    When we do this, we can pay for their expenses to join us in that meet.


    I am open to it. Not only by contribution but also working.



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  • swaraj
    11-11 11:06 AM
    desi485, thanks for the tip.
    I found this link which mentions that one can apply for a new visa before expiry of current one:
    http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11

    But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?



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  • chanduv23
    10-09 04:08 PM
    chandu... seems am only one visiting this thread ... lets see how many people responds ... :D

    Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.

    We have more people, it is a matter of time. Lets keep mobilizing




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  • newyorker123
    09-28 10:06 AM
    I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

    It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.



    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???



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  • satyachowdary
    06-02 08:25 AM
    Hi atlgc,
    I don't know the email id of NSC center, please google it and you should find it.

    Regards,
    Satya




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  • rahulpaper
    06-19 06:15 PM
    I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
    I am not sure what he will say in report (which i get in couple of days). But my question to you all is :

    When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?

    Please Reply



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  • slowwin
    05-28 07:10 PM
    .......you can work for a private for-profit enterprise too. But you should be able to satisfy the usual test for NIW such as Intrinsic merit, National interest etc(google the criteria).
    If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.

    I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.

    thanks,
    slowwin



    Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?




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  • snathan
    05-20 12:28 PM
    Was your question

    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?



    Guys

    Lets complete her questions with various possible choices and help her. Happy Friday. :D

    May be the husband....



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  • superdude
    07-18 12:13 AM
    Let us give our leaders a break for now. Let us focus on filing the apps ASAP. IV core has been working on these issues for a long time. Let us knock one wicket at a time.

    All,

    USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.

    We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:

    (1) Visa Number Wastage: Fix Through Recapture

    (2) Name Check Delays:

    (a) More than 30 FBI analysts should be granted for the process
    (b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
    (c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself

    We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.

    And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.




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  • GoneSouth
    07-18 04:16 PM
    Anyone got a working link for this? I had at one point, but now I can't seem to find.



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  • Raj Iyer
    09-23 04:00 PM
    Omi:

    In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.




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  • indyanguy
    10-31 04:21 PM
    I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions

    1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
    2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?

    Thanks in advance



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  • STAmisha
    05-21 05:48 PM
    I hope this bill DIES




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  • gceb3holder
    02-27 06:50 AM
    Yes it is possible, since until I find a job that I really like it will take some time, problably I can even negotiate to start after the 181th day.

    Also, what would be the process? Does the new employer needs to notify INS that I am changing jobs? Os this can be done without advising anybody but the former employer?




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  • lacchij
    11-06 11:03 PM
    My AP status was changed to Document mailed on 10/29 but i didn't receive anything yet. Heard that Lawyer would be receiving them if you have signed G28.

    Keep in touch with your lawyer and ask them to forward it to you as soon as they receive. Otherwise, some lawyers will take their own sweet time to send it.

    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK




    ArunAntonio
    09-16 01:15 AM
    Members in and around the DC area please show up for the Rally, we all need to participate to make this a success.
    We all are the benificiaries of any positive out come of this, why not be a part of it?
    Please join the rally.




    anukcs
    02-17 09:06 PM
    I got fingerprinting notices for both me and my wife within couple of days. I received mine today. For both of us it is scheduled on 3rd March.

    Regards,



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