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  • Dhundhun
    04-27 12:48 PM
    This one is my experience:
    http://immigrationvoice.org/forum/showthread.php?t=18737





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  • ilikekilo
    04-13 04:27 PM
    I recently moved to IL, I would like to join the IL state chapter.. please advise





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  • sargon
    12-19 02:56 PM
    Hello friends,

    Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).

    However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.

    Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.





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  • qesehmk
    05-11 04:54 PM
    Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
    Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?

    Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
    Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
    Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
    Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
    Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?

    Thanks.



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  • priderock
    07-12 02:44 PM
    WHat happens when they return the visa number to DOS? Can they request them again later or these numbers are just wasted for this year?

    Thanks!

    Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.





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  • dvb123
    12-03 05:11 PM
    http://www.immigration-law.com/



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  • chi_shark
    07-07 06:00 PM
    i sent something like you have desribed in option 1 for my evl rfe. my lawyer drafter it and the only legalese reference was : [please continue his process] "as per section" yada yada yada "of the American Competitivenes in the 21st century Act".

    Hi,

    My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.

    Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.

    Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?

    1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
    2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
    3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.

    Sorry for a long post and thanks for any suggestions.





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  • jayleno
    09-19 10:38 AM
    Not yet. I'm planning to. :D. Can you please eloborate "we", apart from you who else is interested in knowing?

    We would like to know the count of GC waiting applicants with US citizen children.



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  • Winner
    05-01 03:47 PM
    Can someone check to see if this is still the case?

    Thanks


    Are you the admin of site? is it your blog?





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  • yganreddy
    02-04 06:31 PM
    Thank you invincibleasian, I am in US right now and I am not going outside of US till third quarter. Does she need to take any proof stating that I am in US? Please suggest.

    Thank you



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  • GCBy3000
    01-04 11:01 AM
    I checked with my company attorney, he says as below:

    140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.

    If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

    Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

    I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

    You may want to check this part before accepting that promotion.

    For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.





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  • paskal
    01-23 02:33 PM
    it does say clearly that the bill will include provisions for skilled workers....

    we have never quite been the center of attention, maybe that will be for the best, we can only hope :-)



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  • talash
    04-25 10:37 PM
    thanks for ur input all senoir members .I'll keep u posted when i get notice from CIS .I think MTR nad joining another employer may be my best option .
    Thanks for ur input all senior members .





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  • jonty_11
    07-19 05:47 PM
    since this thread starts with Lofgren.....she seems to be a good soul for IV core to contact and get our woes heard....I am sure IV core was involved in discussions with her team during the VB fiasco....so she should be aware..of our issues



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  • MeraNaamJoker
    08-04 09:40 AM
    It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.

    Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.

    My two cents worth!!!





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  • tankueray7
    05-05 07:37 PM
    The Immigration and Nationality Act (INA), the section of government law that guides immigration, specifically states that any non-immigrant alien visitor to the United States must have a passport that is valid for 6 months beyond the intended period of admission. That is to say that if your program or employment runs until May of 2008 you must have a passport that is valid until at least November of 2008. If the alien visitor is from a country that is in agreement with the United States to automatically assume that the alien's passport is valid for 6 months past the passports expiration. These countries are referred to as 6 month countries. That simply means that if the alien is from for ex. India and the passport date will expire before the end of of program date, officers are allowed to make the I-94 valid until the end of the passport. If the alien is not from a 6 month country the officer can only admit the alien with an admission date on the I-94 with a date that is 6 months before the passport expires. Officers at airports and deferred inspection offices do not have the authority, at a later date, after a new passport has been obtained, to change the original I-94 to the date that would have been given at the original time of entry had the passport been valid for 6 months beyond intended period of entry. The alien must request an extension of stay with an explanation submitted to the USCIS office, no fee is required, and a new I-94 with the appropriate date will be issued. However, if you call USCIS and are fortunate enough to get to speak to someone, that person, an information officer, with 2-5 weeks training, will tell you a CBP Officer can change it. Some officers will change the I-94, however, they have no authority to do so and can face penalties for doing so.



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  • sixburgh
    08-18 01:09 AM
    Both me and my wife are working on EAD.
    Our AOS is pending since the July 2007 surge.
    My company lawyer recently renewed my H1 (to have it as a backup) and also suggested that we renew my wife's H4.
    I received my H1 approval and wife received her H4 approval.
    I also visited India and re-entered USA on a new H1 stamp.
    My lawyer himself is worried now whether he got my wife into H4 status since her approval in May and that since she continued working, he is worried that she technically "worked while on H4" which is not allowed, based on the last action rule.
    Can you advise if we have created any issue by renewing her h4?
    Also what is the remedy for this.

    According to me this should be of NO issues, since a person is allowed to maintain his/her H status while AOS is pending, as per the dual intent doctrine. Also I think the last action rule is applicable within a specific category. For example when a person applies for h1/h4 at almost the same time, both are non-immigrant categories, then if USCIS approves h1 first and h4 later, then the last action rule would get applied and technically person would become h4. BUT this should not affect the AOS application since its a totally different category, thats a immigrant category.

    Please advise if we did anything wrong by renewing her H4 and any solution to fix this.





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  • JunRN
    08-26 06:02 PM
    Just thinking, is approval of EAD also meant that I-485 is accepted?





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  • pd_recapturing
    04-23 08:23 AM
    Your GC sponsor will not revoke 140
    Only this part looks scary ... if u have had issues with employer and have not left him amicably, they may revoke 140 ...What can we do if employer revokes 140 ?





    coolpal
    11-24 10:17 AM
    we're not gonna fight...
    if you really have to.. look elsewhere.

    btw.. if this was genuine frustration, sorry dude.. but that's not the right direction.

    pal :)





    loti_GC
    04-27 12:45 PM
    The instructions will provide you with an (800) number to call to make an appointment to go to the nearest Application Support Center (ASC) to have your INDEX PRINT AND PHOTO TAKEN. PLEASE CALL IMMEDIATELY AND MAKE AN APPOINTMENT. When you call the (800) number, please select the FINGERPRINTING OPTION.



    Above instructions are not correct anymore. You will be sent a letter for ASC appointment, you don't need to call.



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