Thứ Năm, 9 tháng 6, 2011

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  • braindrain
    09-03 01:25 PM
    Any help??




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  • Almond
    07-17 08:07 AM
    This is a terrible situation, I feel so bad for you. Can you afford to go to a lawyer as soon as you can and ask for advice? I think it's very important, this is critical. 11 years:(




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  • krishnam70
    07-17 06:19 PM
    might serve IV community better if we contribute for funds...

    Good job IV. We should not rest now and carry forward with the actual agenda of IV.




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  • paskal
    10-02 05:03 PM
    C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.

    You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.

    Please help make the SoCal gathering a resounding success!



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  • prince_waiting
    10-04 10:28 AM
    Hi Everybody,
    Located in Auburn,......was going to join the Georgia chapter because of the proximity to Atlanta distancewise..... but good to know that there are so many Alabamians out here......

    War Eagle !!!




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  • amit79
    04-16 08:03 AM
    USCIS started sending notifications for Premium Processing petitioners on 15th April, 2008. As we start receiving notifications, a lot of H1B petitioners using IV are waiting to hear from USCIS, this thread can help keep the information in one place and provide quick access to the current status of notifications. Those received their notifications from USCIS can put in the results in the following format

    Quota - General/Higher
    Premium Processing - Yes/No
    Notification Date - xx/xx/xx
    Receipt Number - Yes/No
    Waiting List - Yes/No
    Notified via - email/postal mail
    Employer - Consultant/Company
    Multiple Petitions - Yes/No

    Comments - you can put any extra comments that are relevant

    Good Luck.



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  • meridiani.planum
    06-17 09:38 PM
    Thanks to every one for considering my message and answering to the questions.

    Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.

    Regards,
    swashbuckler

    See here:
    EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)

    specifically:

    3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement


    so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.

    Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):

    i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)

    I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)

    Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.

    You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)

    Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.

    Depends on your appetite for risk...




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  • sargon
    02-25 10:09 AM
    LoL. No wonder she got caught. She is not only a thief, she is also stupid.
    :rolleyes:

    Details says your friend and the title says you (used 'I').
    Which is correct. ?



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  • dontcareanymore
    08-24 12:44 PM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message

    Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)

    Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..




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  • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.



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  • EndlessWait
    09-08 12:02 PM
    so why complain.. ofcourse just kidding! , no pun intended




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  • njboy
    09-11 01:35 PM
    well, he is talking only about the backlog processing centers...so..there are no i-140s backlogged in the BPC because.......there are hundreds of thousands of labor certifications that need to be cleared first..only after which they can apply for i-140! Like I said, he is focusing on the positive, which is a good thing..Someone else (erroneously) said that the department of labor and the backlog processing centers are 2 different entitities..however, I'd like to point out that, the job of clearing the labor certs has been transferred over from the state workforce agencies to the backlog processing centers..so, ignoring that, and saying there is no i-140 backlog is just focusing on the good news..



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  • pcs
    07-30 04:11 PM
    I like many others got a PERM labor & got 140 based on PERM labor.

    Recenty , I applied 485 (based on this 140 )in this mad rush


    Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .


    The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????


    I am sure many of us double PDs & might need to find an answer to this ?


    can someone help ??

    Thanks




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  • pd2001_12
    09-15 12:26 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.



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  • Rb_newsletter
    02-22 03:14 PM
    just curious. Are you working for a consulting company?




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  • alisa
    08-03 10:45 AM
    I am starting this thread for people who are still waiting for their I-140 approvals.

    There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.

    The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
    In December 07, the processing dates for NSC EB3 were at January 2007.
    In July 2008, the processing dates (NSC, EB3) are at March 2007.

    We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.



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  • p_kumar
    12-04 11:09 PM
    Eyes already on citizenship!. appreciate your optimism.:D




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  • pachai_attai
    08-17 07:58 AM
    sajimm, I was in similar situation like yours. During Dec 2004, Our doctor directly took xray test instead of TB skin test. Thats the reason I got NOID on 07/20/07.
    I submitted my new 693 along with new TB skin test result and the case processing resumes on 08/15. The LUD is changing every day after that.




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  • Abhinaym
    01-27 09:59 AM
    Does anyone have a link to this bill/article? I don't see anything on the news yet.




    go_guy123
    04-18 07:38 AM
    This is a cherry picked writeup to some extent. But ofcourse there is competetion from other parts of the world.

    "The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.
    "


    Countries in Europe are small countrries with far less population so these statistics are not exactly comparable.

    "The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.

    "


    US lags Canada....this statement is a joke. Canada is a vey low tech country. Close to 50% of the economy is due to mining etc Canada is a classic banana republic.




    knowDOL
    07-27 11:05 AM
    If GC is not your priority and you are ready to pay money every year to your attorney you can leave your company in the middle of all this. If I were you, even if I am not from India or China I would not have left a company that has a PD of 2002.

    After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.


    Dear all

    First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

    Sorry i confused u all...here are my GC Filling details:

    LC State: NJ
    LC Category: EB2
    LC PD: 24 SEP 02
    I-140 FD: 15 JUNE 06
    I-140 RD: 16 JUNE 06
    I-140 LUD: 03 JULY 06
    I-140 Receipt# : LIN-06-191-XXXXX
    I-140 AD (If any): Still waiting!!!
    Concurrent filing: NO


    So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

    I guess the best option for me is to

    ** wait till my get my I140 approves,
    ** get my H1B extended for another 3 years (instead of 1 stupid year),
    ** Wait for at least 180 days

    then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

    More suggestions and opinions??? :o


    Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

    Pls advise

    Sky



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