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  • like_watching_paint_dry
    02-27 07:43 AM
    Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.




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  • akred
    06-03 02:05 PM
    The question that was asked was - is Statistics a STEM discipline. That cannot be answered from that page even though it looks so. For e.g if I choose the Mathematics Major, it only lists the occupation that requires a Math Major and not the disciplines under Math. For e.g. one one of the occupation is Natural Sciences Managers which is an occupation and not exactly a discipline.

    sta�tis�tics (stə-tĭs'tĭks)
    n.

    (used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
    (used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67

    I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.




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  • hydubadi
    07-23 08:41 PM
    Hello,

    I already opened a thread on this. does any one has answer for this.

    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    For this amendment my lawyer is charging $400.
    I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.

    Your answers are highly appriciated.

    Thanks,
    hydubadi




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  • Life2Live
    01-10 04:05 PM
    I got I-140 RFE (EB2) regarding my education to prove the Bachelor degree I have is equivalent to US Bachelor degree. I have 3 years bachelor degree they are saying US Bachelor degree is 4 years.

    My Lawyer is still working on it. I dont have say more than this that my freaking company is slow, unprofessional, irresponsible and typical exploiting consulting company.

    My company qualifies for one of the company to be blacklisted. (There are lot of other incidents not only this I-140 RFE delay) :-)



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  • lostinbeta
    10-21 12:23 AM
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  • english_august
    07-09 07:56 AM
    Please refer to this thread:
    http://immigrationvoice.org/forum/showthread.php?p=103700



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  • gc_maine2
    03-26 09:11 AM
    Does anyone have experience flying in Qatar airlines, My mother in law is planing to fly by Qatar airlines. Any info would be great.

    Thanks
    Sree




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  • TO BE OR NO TO BE
    05-17 03:49 PM
    nshah:

    Can you give me information of your lawyer please?

    Thanks,



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  • SAMK
    02-01 01:47 PM
    Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?




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  • nlssubbu
    01-10 01:29 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks

    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks



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  • aarzoo
    08-23 06:23 PM
    It took almost 3 months to get the approval. Key points:
    1. USCIS does not accept I-140 PP as the original Labor approval is not included.
    2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
    3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

    Hope it helps....Good luck




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  • hary536
    05-18 07:41 PM
    Hi,
    My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.

    Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
    Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
    When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
    Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?


    If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?

    Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?

    Currently, I am working on H1B since Oct'08.
    My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?

    Anyone pls advise? I am really tensed.



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  • BornConfused
    07-03 11:01 AM
    LOL!

    You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???

    It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
    Of course I want this in the media, it SHOULD be in the media, it's pathetic that it isn't. Shows how little they care about new immigrants considering how most of us are very skilled workers and deserve this.
    I am sending a message to my local fox news and if I have time maybe I will mail other news media at their websites-just to inform them about this. THAT is better than sending USCIS flowers. And it's still a Ghandi-esque protest.




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  • jliechty
    May 18th, 2005, 03:58 PM
    It's very simple, if you think about it... The first photo (showing dust) was taken at f/32, and the second, lacking dust, at f/2.8. A smaller aperture will not only result in a great DOF in front of the lens, but also behind it; hence, the dust will be blurred and mostly invisible at large apertures because it is slightly in front of the sensor (on the AA / IR blocking filter thing), but will pop out with tremendous clarity at small ones.



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  • MahaBharatGC
    10-23 05:21 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.

    Plz, this is common sense...don't ever buy one-way ticket if you want to be under the radar...




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  • desi3933
    06-23 12:38 PM
    Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more

    A

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.



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  • gccovet
    11-03 08:10 AM
    Sorry if this question has been answered already. I searched and could not find any related threads.

    My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

    My priority date is Feb 2007.

    Is it a good idea to renew my H1B even though I already have My EAD?

    If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

    TIA for the responses.

    I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
    Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .

    I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
    for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182

    Thank you for your time,
    GCCovet




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  • gcwanted101
    09-01 12:10 PM
    Hi
    I have my Labor and 140 approved. (140 approved in Jan 2009)
    But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
    So I am planning to request both of this by making FOIA request to DOL and USCIS.
    I have done some ground work for that. Now here are my questions.
    1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
    Or are both of this employer�s petitions?
    2) I have heard that after six month of 140 approvals it become employee petition.
    How much true is that?
    If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.




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  • jayleno
    08-08 10:08 PM
    Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.




    johny120
    08-24 08:52 AM
    So just to be clear:
    What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.

    Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?

    TIA




    cgs
    03-15 08:10 AM
    Can you explain?

    And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)



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  • wleebrown
    November 14th, 2007, 01:32 PM
    I used to reformat my CF card when I put it in the camera. But I started getting card read errors from Lightroom, when in fact the files were readable. This may have been strictly a Mac issue, but once I stopped reformatting the card each time the errors stopped occuring.

    Just my $0.02 worth on formatting.

    Blessings,
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  • Hermione
    09-25 12:52 PM
    EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.




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  • sujith1
    07-07 06:05 PM
    Yes - 485 can only be applied if ithe dates are current



    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?

    thanks
    balan.




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  • fcres
    07-06 01:19 PM
    if dates are retrogessed you get 3 year extensions..
    if they are not then you apply for 485 :)

    If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?



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  • spicy_guy
    04-07 11:49 AM
    Tech firms warn of impacts of tight visa quota - MarketWatch (http://www.marketwatch.com/story/tech-firms-warn-of-impacts-of-tight-visa-quota-2011-04-07?siteid=rss&rss=1)




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  • lalithkx
    06-06 05:52 PM
    Job should be same or similar responsibilities and salary



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  • lacrossegc
    07-30 03:44 PM
    Dude ,

    to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer

    Within 4-10 days, after the USCIS sent the FP notice. :mad:




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  • kumarc123
    01-15 03:55 PM
    I agree.

    Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.

    Maybe they should also keep it low key so less people oppose it;)

    Send it through when Mr.King is on vacation:D

    Guys please call her office number and speak to someone in immigration and request them for her to re-introduce visa recapture bill.



    Please lets focus on this, please call, also include your intentions of buying homes.



    Please Call



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  • andycool
    12-14 05:14 PM
    Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

    You should consider getting professional advice both for your immigration issues as well as your personality disorder.

    Get a life!!!


    ________________
    Not a legal advice.

    kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...

    hope this helps
    Thanks




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  • EndlessWait
    12-12 03:55 PM
    Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.

    lol..this is funny.. are you planning to issue another bulletin from your side based on the input at IV.. chill dude.. the bulletin issue science is really some rocket science, it defies all the fundamentals of mathematics and gravity...actually its more like 6-flag ride..rush of adrenalin..swaying on both sides..oh god its making me so dizzy....

    :(



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  • Joey Foley
    May 18th, 2005, 03:23 PM
    I also took this one around the same time and it has it too.
    You guys think I should take this camera to the shop and get it looked at?
    I have other cameras to use (20D,10D, and digital rebel) while I'm waiting.

    If so, where is the best place to get it looked at?
    http://www.dphoto.us/forumphotos/data/500/medium/517test3.jpg




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  • amitjoey
    05-31 04:07 PM
    Contributed $350 so far. Will contribute another $100 today.

    great!!!. That is the spirit.



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  • Sakthisagar
    10-20 12:01 PM
    Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.




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  • sanojkumar
    08-21 11:42 AM
    Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?



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  • zoozee
    07-30 02:10 PM
    I too am eager to receive the receipt but since i have signed the G-28 form i guess have to rely on the lawyer of the employer.

    Zee




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  • rockstart
    08-27 09:32 AM
    With so many auidts being done on companies with high numbers of H1B employees. It kind of helps the employer if the employees move to EAD status that will reduce the percentage of people on H1 drastically and put then under the radar.



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  • kumar1
    10-06 11:52 AM
    I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
    After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
    My 2 cents.




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  • amsgc
    04-22 07:47 PM
    Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?

    I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?

    Thanks.




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  • jfredr
    08-10 03:29 PM
    Reforms To Visa Programs For Highly Skilled Workers.

    IMPROVING EXISTING IMMIGRATION
    22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
    23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.




    justAnotherFile
    07-12 11:00 AM
    .. I think this is an excellent way to carry forward the Gandhigiri campaign.
    We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

    We should also send a sample of the letter to news outlets.

    This will help keep this issue in the limelight. Any takers??




    yagw
    11-02 01:48 PM
    There are no plans for extended vacation.

    I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .

    I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?

    There is no lifetime cap on H1B. Also, there is no limit on how many 3 year terms you can extend it after I-140 approval. What would happen is, after the initial 3 years, your PD might become current and that will make you in-eligible for 3 years ext. (and just one year).

    DISCLAIMER: I am not an Attorney and this is not a legal advice



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  • gcisadawg
    03-25 04:57 PM
    "contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.

    security clears of what? Anthrax?
    For heaven's sake, those are just text, right? I dont think we can do an attachment..




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  • sunny1000
    02-03 05:45 PM
    Hello -

    Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.

    Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.

    Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.

    I would appreciate your suggestions/comment.

    Peace.

    I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.




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  • vinoddas
    07-29 08:58 PM
    Any suggestions would be extremely helpful




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  • BPforGC
    05-12 04:29 PM
    Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.

    This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.

    God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.

    Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.



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  • CantLeaveAmerica
    03-28 09:46 AM
    same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home




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  • joshraj
    10-11 10:26 AM
    Hi Friends,

    We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

    I always thought the receipt date of my application is the day when our application reached the center.

    Can someone help explaining this....

    Thanks,



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  • sam_hoosier
    12-17 10:53 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?

    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.




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  • vvr
    12-18 08:57 PM
    Pls. send your feedback to letters@mercurynews.com.

    I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.



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  • andy garcia
    03-17 08:18 AM
    My I-485 Receipt Notice does not have any PD on it either.

    ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.




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  • bondgoli007
    07-17 03:13 PM
    Response from my Fragommen paralegal:

    1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
    2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
    3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.

    I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.



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  • sasimks75
    08-23 06:10 PM
    To aarzoo, did you apply the I140 again in EB2? i am in the same boat. My lawyer said the samething and applied another i140 in Eb2. Can you please let me know your experience? Mine is applied in July 6th 2010.




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  • saimrathi
    07-03 11:20 AM
    Well, here are the thoughts.

    American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

    If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

    Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

    Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.

    Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...



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  • ksrk
    12-31 04:50 PM
    Our files assinged to Adjudicating officer on Nov 30th. (PD is current ) Nothing happend sofar.
    Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.

    HAPPY NEW YEAR TO ALL :)

    Hey Chris,
    If your PD is current (for your EB category) then someone is looking at your case - as against it gathering dust on some shelf.

    Else, it may not mean anything...

    Good luck anyhow!




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  • Ann Ruben
    06-25 06:33 PM
    The link below describes where and how to apply for humanitarian parole.


    USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)



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  • gc_dedo
    06-14 05:47 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)

    I am also not sure why the need for Consular Processing.
    Why cant CIS update existing EB3 485 to new approved EB2 140.




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  • Oct007
    11-02 11:17 AM
    Sorry if this question has been answered already. I searched and could not find any related threads.

    My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

    My priority date is Feb 2007.

    Is it a good idea to renew my H1B even though I already have My EAD?

    If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

    TIA for the responses.



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  • eb3_nepa
    05-03 11:07 AM
    Most US citizens have NO clue about our plight. They literally have ZERO clue about our plight. What is worse is, people who came here thru family based immigration have an equal amount of lack of clue about this problem. Right now all the citizens see in us is the enemy (they take our jobs away), they have no idea what kinda stuff we have to go thru to "take their jobs away"!

    EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.




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  • rb_248
    03-31 03:19 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congrats. Don't lose it. Enjoy your freedom.




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  • rsdang
    07-08 04:41 PM
    Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.

    I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...

    You may want to ask a lawyer...

    Hope This helps.




    unitednations
    02-27 12:27 PM
    Hi all

    I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
    I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
    I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
    Thank you!!


    This is why consulates and uscis are so tough.

    You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.

    Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.

    Sorry, not much good news for you.




    senk1s
    10-09 04:54 PM
    i thought this was just an interpretation of AC21 (and how it applies to the current situation)