jayleno
09-19 01:27 PM
Friends,
Those who have US citizen kids Vs Those who dont
Let us fight :D:D:D
Those who have US citizen kids Vs Those who dont
Let us fight :D:D:D
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doubleyou
03-02 10:55 AM
i do not think that the colsualte letter can be used a the primary proof of birth, at most it can be a supporting prooff. I notice that you have still not got an RFE on it, better to be prepared and get the muncipilaty document. Not only do you need a non availibility document but now you also need a registrar letter from the place of birth?
manderson
07-13 12:47 PM
you need legislative intervention for something like that
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kode
12-30 10:10 AM
it's not your comp .. I can't see it either
but I voted because I saw lost's entry earlier today
but I voted because I saw lost's entry earlier today
more...
eb3retro
11-19 12:59 PM
i would say its a long wait..its high time u get it..congrats..
sorry, i take it back..did not notice that ur case is a sub..i understand that its legal, but its just a hole in the system. no offense to you, but i am blaming the system.
sorry, i take it back..did not notice that ur case is a sub..i understand that its legal, but its just a hole in the system. no offense to you, but i am blaming the system.
EndlessWait
07-13 12:39 PM
Your heading seemed to indicate there is a secret news that you knew about in advance. If it is a speculation please add so in the header so that people don't get excited as soon as they see the header.
hope its as sensational as you can take.
hope its as sensational as you can take.
more...
talash
05-08 12:45 PM
I didnt get notice yet .I read on these posts that we have only 30 days to file MTR.What if i dont get notice till that time .Is it appropraiate that my employer of his attorney contact CIS and let them know that we didnt recieve denail yet and that way have a proof and buy some time .
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jayleno
04-22 08:52 AM
Were you rejected for EB2 because yours was not equal to US Masters or because you didnt have 5 years after yours bachelors degree? I guess you are aware that the experience you gain with your employer who filed your GC cannot be included in the 5 years. I think you have a fair chance if you only have to be equivalent to US Bachelors degree.
more...
h12gc
10-16 04:03 PM
Thanks for all the replies.I will check with any other Lawyer.
Thanks,
h12gc
Thanks,
h12gc
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axp817
04-09 05:14 PM
In addition to what Roseball has already asked, I have one other question.
Is the 140 approved?
Is the 140 approved?
more...
athanga
12-14 02:07 PM
a recapture helps everone by moving the line forward and making dates current. there is also a parallel effort on to bring changes like 485 filing without PD being current. so no one ie being left behind or ignored. these efforts will help all of us affected by retrogression and stuck in different stages.
If IV can help this (apply for I-485 without having current PD) proceed in anyway, I would be so happy. I got married 2 years ago, my wife is a finance professional, an employer in US applied a H1b for her, ended up getting rejected in the lottery.
I had just (during the open I485 time frame) then switched employers and my employer filed for labor which never got cleared in time (actually still isnt cleared - random Audit).
So my wife and me are shuttling between India and US to even meet each other.
Have been in US for 9 (with 2 masters and 5 years working) years now, still no way of finding a visa for my wife to work.
I work for one of the big Biotech guys and kind of like my job, otherwise working in India along with the wife looks very intriguing
If IV can help this (apply for I-485 without having current PD) proceed in anyway, I would be so happy. I got married 2 years ago, my wife is a finance professional, an employer in US applied a H1b for her, ended up getting rejected in the lottery.
I had just (during the open I485 time frame) then switched employers and my employer filed for labor which never got cleared in time (actually still isnt cleared - random Audit).
So my wife and me are shuttling between India and US to even meet each other.
Have been in US for 9 (with 2 masters and 5 years working) years now, still no way of finding a visa for my wife to work.
I work for one of the big Biotech guys and kind of like my job, otherwise working in India along with the wife looks very intriguing
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gbof
10-25 03:14 PM
My case is very straight-forward but some really inefficient guy is making it complicated. I need your experience and inputs. Please do advise.
I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....
Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.
My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.
Please, advise and let me know of your thoughts....
I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....
Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.
My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.
Please, advise and let me know of your thoughts....
more...
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p_kumar
12-03 04:25 PM
gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
Why dont you just work for your new employer in december on voluntary basis and take the salary in Jan as a signon bonus?. This way you will have a clean record of 6 months on H1.
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
Why dont you just work for your new employer in december on voluntary basis and take the salary in Jan as a signon bonus?. This way you will have a clean record of 6 months on H1.
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anu_t
08-04 12:53 PM
Team,
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
I know you won't like my reply but it is tough to get EB2 case approved with 3 years degree. Just what i observed in my circle. But if you feel comfortable doing it go ahead.
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
I know you won't like my reply but it is tough to get EB2 case approved with 3 years degree. Just what i observed in my circle. But if you feel comfortable doing it go ahead.
more...
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sidbee
06-04 06:47 AM
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
You yourself said, The job requirement decides the category. So if a EB3 guy gets promoted and that job requires EB2, There is no law that stops him from applying in EB2.
I am myself against Desi Consultants, who have no respect for law.But what you wrote above is not against law.
Congrats buddy on getting your GC,
Being an Indian, I really hate Indians, for being envious of other indians.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
You yourself said, The job requirement decides the category. So if a EB3 guy gets promoted and that job requires EB2, There is no law that stops him from applying in EB2.
I am myself against Desi Consultants, who have no respect for law.But what you wrote above is not against law.
Congrats buddy on getting your GC,
Being an Indian, I really hate Indians, for being envious of other indians.
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msp1976
02-14 06:50 PM
You mean to say CIR will be introduced to the immigration or judiciary senate committee or introduce directly to the senate. If it is introduced directly to the senate floor that will save a lot of time, on the flip side it will become difficult to add or change provisions if it is directly introduced to the senate bypassing the senate judiciary and immigration committee
CIR is already there under consideration in the senate judiciary committee...S.9
All they have to do is to agree on the language....Which could happen in 1 day or an year.....
CIR is already there under consideration in the senate judiciary committee...S.9
All they have to do is to agree on the language....Which could happen in 1 day or an year.....
more...
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HV000
04-03 02:23 PM
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
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payur
07-11 07:55 AM
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Thanks for the info. Mine is already filed FYI. I am trying to help my friends you missed the boat due to Attorney's inefficiency to file it at the right time and employers greed.
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Thanks for the info. Mine is already filed FYI. I am trying to help my friends you missed the boat due to Attorney's inefficiency to file it at the right time and employers greed.
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conchshell
07-15 05:54 PM
For one thing - there would be thousands of applications between 07/19 and 07/28 (mine being one of those :D) and the other is that the USCIS doesnt pre-adjudicate. Since the PD has only moved recently, the processing dates didnt move that rapidly
Yes, There will be thousand of applications, but not all of them will have their PD before June 2006. And that's why processing dates will move forward rapidly. In August 15th report this will be evident.
Yes, There will be thousand of applications, but not all of them will have their PD before June 2006. And that's why processing dates will move forward rapidly. In August 15th report this will be evident.
xyz_123
09-25 07:11 PM
Received card production ordered email today for my application.
Details:
---------
EB3: I-485 applied on July 23rd at NSC
I-140 approved from NSC
Details:
---------
EB3: I-485 applied on July 23rd at NSC
I-140 approved from NSC
immi2006
02-11 02:00 PM
But even with primitive PD's if visa nos are not available, things will still be the same. What say abt 6 yr old pd's in EB2...namecheck removal doesn't help!!!
But atleast with PD of March 2001, I have some hope, esp mine is in NC presently.
But atleast with PD of March 2001, I have some hope, esp mine is in NC presently.