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Tuesday, June 21, 2011

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  • tinku01
    02-12 11:22 AM
    Initially these facilities not provided to CP filers because it used be fast in comparison of 485 filers but now due to this retrogression CP filers are also waiting in queue with 485 filers and not even getting any reliefe I would say they are in very bad situation compare to 485 filers.





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  • kaisersose
    06-06 10:48 AM
    My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.

    There is no change in the job responsibilities.

    Question:

    1. How soon should I file my AC21 request?
    2. What is the impact of this promotion on my H1B?
    3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?

    I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.

    Any ideas?

    I am sorry, but this is just plain paranoia that seems to affect a lot of GC holders & aspirants. I have a friend who was worried about changing jobs as it was only 6 months since he got his GC!

    You are *not* required to file AC21. Even if you do, in your case, it should present no problems at all, as your role & responsiblities have hardly changed.

    It is not a wise approach to deny a promotion when you are not clear about the law. First be clear on the law and then make such important decisions.





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  • pointlesswait
    06-24 03:54 PM
    Immigration has to happen this year.. else it will have to wait for ever..
    there are no elections scheduled this year or late into next year.

    To link unemployment with illegal immigration is a far stretch...
    a.) what is the proof that illegals here are not already employed?
    b.) Do illegals and citizens/legals compete for the same job? --> probably Not

    It only means these faceless humans will get some rights and protection...

    illegal immigration is one of the main source of flesh trade from eastern europe and latin america....


    BUT the socio-economic impact this will have on US as a whole is a whole new topic...




    If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.

    IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.





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  • uscisc
    09-09 04:44 PM
    If you are a software engineer and street smart then you don�t need PMP to continue growing in your field. I am a software engineer and my understanding is as follows. Currently most of us are working under a manager who is either not good at management or not having the required level of technical skills to understand the project complexities for doing proper project management. As the salaries in the software field are good most of the people moved to software field irrespective of what their core skills are. So, people who are good at project management and working as software engineers should do PMP to rejuvenate their skills and bring some good project managers to the software industry.

    Even if you are not good at project management, you should do PMP to understand the environment you are working. That is especially to keep yourself in the shoes of your manager. The advantage of doing that is, if your manager is blaming you for his mistakes, you will know what to talk with your manager and avoid yourself burning out because of your manager mistakes. This is something that is very common in the software industry. It doesn�t matter where you are and what you are doing, it is always helpful to know role of a project manager to keep yourself in a better position.

    Also PMP is not just $500 thing. I can say you should be ready to spend at least $700 and allocate lot of time (It takes lot of time if you are parallel working) to understand PMBOK and its related material.

    Also to keep your certification active, you should get 60 PDU every 3years, but this is not a big deal.

    To keep yourself motivated till you get the certification, keep this in mind. �Most of the best paid people are the best managers� you cannot make that kind of money unless you start you journey towards that direction.

    PMP can be considered as one of the subjects (in detail) in MBA (like a subset of MBA), and should not be compared with MBA, as MBA will provide you with more skills in more directions in handling business.



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  • Immi_Chant
    07-23 10:08 PM
    Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.

    Sanbaj,
    Congrats for the GC !!!
    You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
    Can you please share why you ported in the same category? Or because of some other reason?

    -Immi_Chant





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  • onemorecame
    07-17 10:41 AM
    Sorry But please tell me how to do this?
    Yes I got it, after clearing the cookies, I closed that instatnce of browser and opened again from new browser and it worked for me.



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  • ssdtm
    09-14 12:35 PM
    I noticed it after I made payment via credit card.....so it was too late to make any corrections.

    But I am yet to send the supporting documents to USCIS to adjudicate this application.

    What should I do:
    1) Send letter, explaining the correct DOB, while sending all other documents
    OR
    2) Wait for RFE
    OR
    3) Revoke this and file another





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  • LostInGCProcess
    10-26 08:28 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.

    This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?



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  • GCapplicant
    07-02 03:46 PM
    Medical-375+375+50
    Lawyer-1000
    Photos-80
    Fed ex-50
    USCIS fees-1850

    Mis:For birth certificates-Doctors office very busy we had to go three times.
    20

    Total:3800





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  • nosightofgc
    10-10 08:18 AM
    I worked for Everest Inc for the first six months in the US and I came through them. They were ok with me. Even though I left the company before 1 Year, they did not charge.

    I am not sure whether we need to have a original 140. I never asked my employer and even they did not mention about that.



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  • svr_76
    03-11 07:28 PM
    Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?





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  • peacock
    07-19 10:33 AM
    Hi
    You can skip skin test and just straight away get a Xray done.
    Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .



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  • leoindiano
    12-18 10:09 AM
    He is dead against H1B. Not sure about Greencards.

    He is a good freind of obama. I just hope he wont be chosen for labor secreatary post which is one of the two those are empty at the moment.





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  • mhb
    07-06 06:18 PM
    watching NBC nightly news.. No mention yet... hmmmmmmmmmm..
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!



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  • nemadeni
    08-25 08:08 PM
    Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.

    Did anybody contact USCIS regarding 1 year validity?





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  • shantak
    03-25 08:40 AM
    Hello guys,
    I want to know if IV is in support of the STRIVE Bill or not. Should we ask the congressmen to vote for it or no? Your help is appreciated
    Thanks



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  • eb3retro
    04-12 11:48 AM
    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.


    very nice analysis.





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  • alterego
    09-14 04:28 PM
    I couldn't agree with you more...

    As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.

    Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.

    So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..


    If the hosung markets turned down like the NASDAQ 5 yrs ago, and brought down the whole economy with it, then as a result of the ensuing economic recession you lost one, two or all 3 of your jobs and ended up in negative equity, could not find a new job sponsoring H1b due to the deep recession and your greencard is nowhere in the near future. Would you still feel as secure and happy? I am not sure what country you are from, but would you make a salary close to what you are making here?

    Security my friend, thats what a green card brings. I applaud you on your courage and bravery in just taking a chance and doing all these things, you will likely be fine and get your green card eventually but taking risks can bring consequences as well. Many people are more risk averse than you.





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  • GCInThisLife
    07-19 04:45 PM
    I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.

    In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.

    LoL. You are such an idi***!

    Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.

    Here is another link:
    Immigration Rights and Responsibilities of Scholars in H-1B Status
    http://www.bu.edu/isso/scholars/h1-rights.html

    Search for no later than 30 days after the I-797 start date

    Before you ask: I don't work/study at Boston University.

    ________________________
    Not a legal advice.





    immi2006
    06-26 09:02 PM
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    dummgelauft
    12-07 12:53 PM
    Here is my timeline:

    Filing : Paper Filed
    Mailed: 9/27/2010
    Rec'd at NSC: 9/29/2010
    Document Mailed" Email Rec'd: 02/12/2010
    I-131 Received in Mail: 05/12/2010

    So, from the time they received it to time time it took for me to receive the document is 66 days..not bad at all, considering what some other poor folks are going through.

    There are other guys here at work whose time line is nearly same as mine, give or take a week. One fellow got his in 50 days. He has travel coing up in the last week on Dec, so he had called to check on his application. During the call he mentioned travel in last week of December. He got the approval email later that day.

    My AP got done in time but the EAD was huge headache. God bless our local sentor, who was able to get my EAD expedited, hence was able to avoid the scary job loss scenario.

    While it seems like consipracy theory, but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.



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