sw33t
11-06 10:05 AM
90
We need 10 more.
We need 10 more.
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prem_goel
07-29 07:36 PM
Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.
GC_Govinda
10-15 09:56 AM
Hello Gurus,
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
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Wendyzhu77
07-10 09:55 PM
This is absolutely wrong.
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
more...
kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
uma001
11-16 04:57 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
more...
sunny1000
12-13 01:00 PM
I am going thru the same thing...To answer your question, the travel agent told me that if my passport stamp had expired, I would need a transit visa for all European airports. I would not need a transit visa if I take a direct flight to middle-eastern airports (like Kuwait City, Dubai etc)..The transit visa might take a couple of weeks via mail.....
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
2010 murdered his beloved wife,
days_go_by
08-19 11:22 AM
What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
-----
140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
In fact this migh even hurt us a little more if they stop concurrent processing.
-----
140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
In fact this migh even hurt us a little more if they stop concurrent processing.
more...
gchopes
04-25 12:38 PM
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
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kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
more...
sri1309
11-05 10:26 PM
Congratulate OBAMA.. This is the time to tell them that we would like to vote him next time. He knows the immigrant problems.. We should hope for change..
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onemoredesi
07-27 11:46 AM
Congrats ajkastar..Pls let us know when you filed for your 485? How long did it take you after the finger printing..
Thx
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
Thx
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
more...
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logiclife
05-24 01:31 PM
Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?
Thanks,
theOne
Thanks for your contribution. The only place money will be spent will be on lobbying and advocacy for changing laws to reduce/eliminate retrogression and to make H1B renewals and transfers less difficult for those who are already here.
You are free to call 850-391-4966 for more detailed questions.
Thanks,
theOne
Thanks for your contribution. The only place money will be spent will be on lobbying and advocacy for changing laws to reduce/eliminate retrogression and to make H1B renewals and transfers less difficult for those who are already here.
You are free to call 850-391-4966 for more detailed questions.
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GCBy3000
09-29 05:20 PM
This is not at all a bad idea. Indeed very good one and also easy to send it through Amazon.
Every member should send it to their state senator and congressmen.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
Every member should send it to their state senator and congressmen.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
more...
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talduk
March 27th, 2005, 01:28 AM
Thanks all for your kind assistance.
After consulting with another owner of a D-100 (which I accidently met on the street) it seems that the problem is indeed power source related.
I do a six normal batteries and when I replaced it all went well.
One more thing.
Do u guys know a 4gb memory cerd (Hitachi's). The camera display is different when I use this card and an original (much smaller) one.
When using the 4gb card I can't see the number of photos left. Is this normal?
Is the card infected with some virus? Or maybe I received some cheap used card ?
Thanks,
David.
After consulting with another owner of a D-100 (which I accidently met on the street) it seems that the problem is indeed power source related.
I do a six normal batteries and when I replaced it all went well.
One more thing.
Do u guys know a 4gb memory cerd (Hitachi's). The camera display is different when I use this card and an original (much smaller) one.
When using the 4gb card I can't see the number of photos left. Is this normal?
Is the card infected with some virus? Or maybe I received some cheap used card ?
Thanks,
David.
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tanu_75
02-07 04:26 AM
We legals who are waiting in line have another setback with news like below
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
more...
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dwhuser
06-15 11:24 PM
Oh! Thanks for the explanation. We will ask his old employer if he would give us the letter. Honestly I doubt.... if he can give the letter without an active payroll or a Purchase order for a future project. No harm in tring though.....
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gcnotfiledyet
03-16 11:16 PM
Option 1 - Take Travel Insurance for 15 days. For young folks that is not pricey and covers emergencies.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
I would highly recommend against option#2. I had accident on first day of driving after coming back from India. I had been driving for 5yrs before it. Luckily nothing happened but you never know and that is why you have insurance. For this scenario check health coverage on your auto policy. But how many scenarios are you going to cover? Best to get some kind of coverage. It is not advisable to live in this country without health insurance. It can make you go back to your home country/file bankruptcy etc. Americans are not stupid to have such costly insurance policies.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
I would highly recommend against option#2. I had accident on first day of driving after coming back from India. I had been driving for 5yrs before it. Luckily nothing happened but you never know and that is why you have insurance. For this scenario check health coverage on your auto policy. But how many scenarios are you going to cover? Best to get some kind of coverage. It is not advisable to live in this country without health insurance. It can make you go back to your home country/file bankruptcy etc. Americans are not stupid to have such costly insurance policies.
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dharmesh.pariawala
01-08 03:01 PM
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.
Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.
Its just some poeple don't want to know about some this or just want to create problems.
Macaca
07-17 07:59 AM
The attached blog is much more important then the article. Please respond in the attached blog. The previous article was very well responded.
Please don't post this (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=19972&pageIndex=5) (from previous business week article (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm))
Jul 14, 2007 11:31 PM GMT
I JUST WANT A GREEN CARD! I AM A PHARMACIST. I HAVE WAITED FOR 5 YEARS. PLEASE I WANT A GREEN CARD SO THAT I CAN TRAVEL WITHOUT ANY WORRIES. THANK YOU VERY MUCH!
Please don't post this (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=19972&pageIndex=5) (from previous business week article (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm))
Jul 14, 2007 11:31 PM GMT
I JUST WANT A GREEN CARD! I AM A PHARMACIST. I HAVE WAITED FOR 5 YEARS. PLEASE I WANT A GREEN CARD SO THAT I CAN TRAVEL WITHOUT ANY WORRIES. THANK YOU VERY MUCH!
chanduv23
06-03 08:21 AM
Usually we see IV members posting on this website if there is a pattern and trend. if there is one, some members take initiative and contact their law makers and talk to appropriate authorities.
Is there such a pattern? Members may post their experiences and hardships on IV.
DHS does takes measures to control fraud and abuse - but if it is affecting geniune people then genuine people can write about their issues here.
Is there such a pattern? Members may post their experiences and hardships on IV.
DHS does takes measures to control fraud and abuse - but if it is affecting geniune people then genuine people can write about their issues here.