Wednesday, June 8, 2011

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  • vinzak
    01-07 12:10 PM
    waitingwaiting, may you could change the subject of this thread to something like "Bill to move DV numbers to EB!!!". It'll probably get more attention.




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  • BPforGC
    07-15 10:24 AM
    I am in Houston and if you plan to organize a rally, I am in.

    I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.

    Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.




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  • amitga
    02-15 11:29 AM
    The best way to generate Revenue is to attract Advertisements on IV website. There is lot of traffic in IV from Indians and Chinese and some people from ROW.

    IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.




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  • pdakwala
    06-26 12:20 PM
    There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.

    The bill have got more than 60 votes on the cloture motion. Under the "CLAY PIGEON" maneuver the likelyhood of this bill passing from the senate is very high. In order for this bill to pass it needs only 51 votes.

    So IV membes please get ready for the fight. We will need members to be active for next few days and weeks. May be months.



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  • grupak
    08-04 12:12 PM
    IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).

    Also, send a copy of the old EB3 I-140 asking them to port the old date when you file a new I-485.

    You can try to "interfile" but its an unsolicited mail as far as USCIS is concerned. There is no official form, does not generate a receipt number, and no sure way of knowing if USCIS acted on your request.




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  • newbee7
    04-12 02:48 PM
    If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.



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  • kicca
    01-25 10:49 AM
    ^^^




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  • ruchigup
    08-22 03:11 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation



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  • fortune50
    07-17 10:52 PM
    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.

    what does this mean ? did I file to wrong Service Center?:(




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  • reddymjm
    09-17 12:56 AM
    Done



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  • desi3933
    07-20 04:29 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.

    >> If you don't have a valid H1 and no EAD, you are out of status

    Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.

    _____________________
    Not a legal advice.




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  • seba
    09-24 01:31 PM
    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.



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  • sparky_jones
    12-10 01:28 PM
    I recall receiving only 2 copies of AP from TSC. Is that normal?




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  • signin241
    04-04 02:00 PM
    I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

    Is there any risk involved here and if so, please let me know

    Thanks in Advance



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  • chanduv23
    07-27 09:50 PM
    The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.

    Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.

    There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.

    I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.




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  • rockstart
    12-07 11:07 AM
    Yes they can qualify in certain cases but the application as well as candidate have to be exceptionally strong. The company should be able to prove that the job needs a guy with EB1 skills and candidate should have proven academic record with publications and patents that support the job description. I had heard of a guy from Texas Instruments who got his GC through EB1



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  • perm2gc
    08-24 10:22 PM
    If I were you, I would read the "captions" before responding.:mad: come out of box dude




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  • abhijitp
    02-15 10:49 AM
    ^^




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  • rbashir
    06-11 09:12 PM
    Guys
    I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
    Please Please advice me on this matter.

    Thanks




    meridiani.planum
    06-15 11:10 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




    AirWaterandGC
    05-15 12:04 AM
    I have repeatedly said that is not about any one person's GC. Count on me to be with IV even when I get mine. Its the fight for justice.



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