Saturday, June 25, 2011

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  • gkaplan
    04-23 12:35 PM
    Hello thanks for the reply.
    By applying for a petition did you mean:
    - give the job advertisement in a newsletter,
    - get the LCA
    - then apply for a petition - I-129
    >> what is the time frame for this petition application?
    - apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
    >> i'll be still working with my J2 EAD, during waiver comes.
    - once the waiver comes, then what is the procedure?\

    Thanks again!




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  • enggr
    03-17 03:56 AM
    Friends,

    My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "


    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar




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  • intheyan
    08-20 02:34 PM
    The same here. The primary got approved and the dependent is still pending.




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  • kranti_veer
    08-13 01:52 AM
    looks like vldrao got his GC and took a hike ;)

    Yea...expect to have Vldrao back after the visa bulletin is out.

    Where is mr. rao?



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  • gova123
    08-02 05:16 PM
    I am from Tampa, I am interested in the rally, and I know for sure that one of my friend would also commit if we can work this out. let me know




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  • gsc999
    06-26 12:16 PM
    Harry Reid will use "CLAY PIGEON" maneuver, a rarely used tool to expedite the passage of the immigration bill. More later when Senate reconvenes @ 2:15 ET

    What is Clay Pigeon:
    "The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.

    Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."

    http://news.aol.com/elections-blog/2...geon-maneuver/



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  • raysaikat
    07-24 08:48 AM
    firstly, thanks for replying.

    I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

    do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!

    A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.




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  • kondur_007
    09-17 09:38 PM
    I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

    I am not a lawyer; but this is what I believe to the best of my knowledge:

    1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

    2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

    There is really no law that specifies the duration.

    All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

    Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

    Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

    If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

    Again, there is no clear law on this...

    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    Hope this helps.

    Good Luck.



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  • gsc999
    01-24 11:06 PM
    Hello Nor. Cal,

    If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.

    A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.

    Please stand up for your rights. Don't take this campaign for granted.




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  • belmontboy
    11-09 06:02 PM
    Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.

    But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.

    A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.

    That would be the view of Dr BalKrishna Matapurkar.

    There is no accepted literary evidence to support his views. If so, please point me to that



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  • ashkam
    08-07 09:57 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees




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  • nozerd
    12-04 07:32 AM
    Yeah, Id sure be interested in your line of work

    $ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.

    If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)

    Best of luck



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  • vparam
    08-21 12:35 PM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Congrats!!!!




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  • immiguy
    07-20 04:47 PM
    If your friend maintains H status, she could bring her baby back on H4 visa.
    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?



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  • Nikith77
    10-05 03:32 PM
    I did that today and they also call the same number from there.

    The caller clearly told me that Citizens or CG only




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  • ash27
    06-07 02:00 PM
    thanks guys! I appreciate your feedback.... I agree that this may not be the best time to change jobs....But, will still like to see if there is something available. I agree that chicago is a gr8 city but have family reasons to move to Atlanta.....

    By talking to various folks, looks like IT market is really soft or bad. Do you guys concur? Also, no new projects are being launches and companies are still cutting down on IT projects and employees... Thoughts!



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  • desi3933
    07-20 04:26 PM
    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

    Incorrect.

    One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.


    ______________________
    Not a legal advice.




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  • franklin
    07-13 08:38 PM
    how many ppl are gonna be there? It must be very hot wearing a suit.

    We don't really know at this point. It could be 150, it could be 1000!

    It's pretty exciting!

    Based on today's weather in SF, it'll be a scorcher tomorrow in SJ




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  • snathan
    03-31 04:24 PM
    Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them

    Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.

    So the final option if everything else is not working...join your client and get the H1 transfer. So you dont need to lose your job and can come back soon




    a_paul1
    03-30 01:48 PM
    If no, you deserve this and rot in hell.

    How in the world did you get so many greens??

    You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.

    Contributing to IV is not the only possible contribution that a person may make to this world.




    seekerofpeace
    09-13 09:38 AM
    Folks,
    I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...

    I can understand the feelings but the profanity and the language used won't lead us anywhere.

    Frustration is the only common thing among the EBI applicants...some more some less...

    I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....

    Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....

    I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...

    Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......

    The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......

    Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........

    SoP



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