Saturday, June 11, 2011

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  • gcdreamer05
    08-05 04:44 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....

    Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......





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  • purgan
    10-14 08:17 PM
    Another recent story on Canadian Skilled Immigration...
    http://www.canada.com/topics/news/national/story.html?id=752a2097-a21f-42d1-b9c4-d15bab949d9f&k=9534


    Geoffrey Scotton, Calgary Herald
    Wednesday, October 11, 2006
    gscotton@theherald.canwest.com


    CALGARY - Alberta and the rest of Canada need to move quickly to boost immigration and take better advantage of skills so many new Canadians bring to their chosen home or risk being left behind in a global race for talent, says the head of Canada's largest bank.

    ''We must significantly increase these efforts and others if Canada is going to have the necessary human resources to compete in today's global economy,'' Royal Bank of Canada president/chief executive Gordon Nixon said to a dinner of the Immigrant Access Fund in Calgary Tuesday evening.

    ''Make no mistake, Canada is in a global war for talent. We must be a destination of choice for skilled immigrants and professionals or we will not succeed ... If we do, we will have a unrivaled advantage. If we don't, we will face an uphill battle just to maintain our quality of life.''

    David Baxter, a demographer and economist with the Vancouver-based Urban Futures Institute Society, agrees with Nixon's analysis, suggesting Canada faces a ''perfect storm'' of demographic labour force pressures. Those factors include a declining birthrate, a massive number of Canadians approaching retirement and relatively fewer Canadians entering the workforce as they reach working age.

    ''You don't need a robust economy to be able to say there's going to be a problem here. We're probably now at the point now that without immigration our labour force stops growing,'' he said. ''This is a long-term issue, let's regularize it. We've got to move away from this talk of temporary (workers).

    ''What I would look for is young, healthy, intelligent, honest energetic people, preferably with an entrepreneurial spirit - and more employee sponsorship.''

    Nixon argued that nowhere is the potential of immigrant expertise and contribution more evident than in Calgary, which is suffering labour shortages across the board, in all industries, from the unskilled worker to the skilled professional.

    ''Calgary is facing a shortfall of as many as 90,000 workers over the next five years ... by 2025 the shortage across the province will be well through 300,000,'' said Nixon. ''Alberta is at the cusp of a trend we're seeing nationwide.''

    Nixon argued that immigration must be viewed by policymakers as a strategic economic development tool that will help to define 21st century Canada. He noted the country has in the past used immigration as a tool of industrial policy, particularly around the settlement and development of the West.

    That kind of approach is needed again, Nixon asserted, as is better utilization of under-employed immigrants already in Canada, a phenomenon that RBC economists has estimated costs Canada $13 billion annually.

    ''We can no longer view immigration as a temporary employment agency,'' said Nixon. ''We need to start looking at immigration as a blueprint for nation-building, and we must find the right balance between social justice and economic need.''

    Baxter believes that Alberta is making the strongest effort of any of the Canadian provinces to attract and efficaciously absorb new Canadians. However, he noted that while immigration policy remains largely the purview of the federal government, questions of professional accreditation and other determinants limiting immigrants' entry into the Canadian workforce rest in provincial hands.

    ''Alberta is at the forefront of this. The provincial government recognizes this (the need for more workers) and so does industry,'' said Baxter, referring to Alberta's Labour Force Strategy, released in July.





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  • TUnlimited
    11-07 05:22 PM
    By the way, I got my EAD. I don't want to spend money

    You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D





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  • ushkand
    08-14 11:48 AM
    I have an LUD of 08/05/2007 on my 2006 approved I-140. I was hoping, like so many of us, that it meant CIS was entering my 485 in the system. But looking at the trend, it seems like CIS may only be gathering data on how many approved I-140 are currently in the system and make projections/plans for future work load etc.



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  • GCNirvana007
    06-07 04:35 PM
    Since i applied my I-485, havent seen a LUD but i did first time June 3rd 2009. One of my friend with same PD got LUD in April. I am from TSC. Any thoughts?.





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  • h1techSlave
    02-24 08:00 AM
    So are you suggesting that the H1 cancellation was fine?

    The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.



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  • ganguteli
    03-22 01:13 AM
    Your experience in current job may not add up as experience.

    But do not go by that. What is the requirement of the job for which labor will be filed?





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  • Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.



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  • rb_248
    01-18 09:22 PM
    Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007
    Mine is EB 2





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  • iptel
    01-30 02:48 PM
    Just a suggestion I think if we involve US India Polical Action Committee(USINPAC) may be our effort to reach the law maker will be easier.

    Members of the U.S. Senate India Caucus are as follows -

    Senator Cornyn (R - TX) � Republican Co-Chair
    Senator Clinton (D - NY) � Democratic Co-Chair
    Senator Hutchison (R - TX)
    Senator Lott (R - MS)
    Senator Lautenberg (D - NJ)
    Senator Santorum (R - PA)
    Senator Lieberman (D - CT)
    Senator Specter (R - PA)
    Senator Daschle (D - SD)
    Senator Stabenow (D - MI)
    Senator Bingaman (D - NM)
    Senator Cochran (R - MS)
    Senator Frist (R - TN)
    Senator Corzine (D - NJ)
    Senator L. Graham (R - SC)
    Senator Schumer (D - NY)
    Senator Wyden (D - OR)
    Senator Coleman (R - MN)
    Senator Chambliss (R - GA)
    Senator Bayh (D - IN)
    Senator Durbin (D - IL)
    Senator Breaux (D - LA)
    Senator Crapo (R - ID)
    Senator Levin (D - MI)
    Senator Fitzgerald (R - IL)
    Senator Grassley (R - IA)
    Senator Bennett (R - UT)
    Senator Boxer (D - CA)
    Senator Nickles (R - OK)
    Senator Stevens (R - AK)
    Senator Mikulski (D - MD)
    Senator Rockefeller (D - WV)
    Senator Landrieu (D - LA)
    Senator Hatch (R - UT)
    Senator Maria Cantwell (D-WA)

    Members of Congressional India Caucus

    108th Congress elected in November 2002
    List updated as of June 18, 2004

    112 Democrats, 74 Republicans, Total 186

    Congressman Crowley (D-NY) - Democratic Co-Chair
    Congressman Wilson, Joe (R-SC) - Republican Co-Chairman
    Congressman Abercrombie (D- HI)
    Congressman Ackerman (D-NY)
    Congressman Andrews (D-NJ)
    Congressman Baca (D- CA )
    Congressman Baird (D- WA)
    Congressman Barrett, J. Gresham (R-SC )
    Congressman Beauprez (R-CO)
    Congressman Becerra (D-CA)
    Congressman Bell (D-TX)
    Congresswoman Berkley (D-NV)
    Congressman Berman (D-CA)
    Congresswoman Biggert (R-IL)
    Congressman Bilirakis (R-FL)
    Congressman Bishop, Rob (R-UT)
    Congressman Blumenauer ( D-OR)
    Congressman Boucher (D-VA)
    Congressman Brady, Kevin (R-TX)
    Congresswoman Brown, Corrine (D-FL)
    Congresswoman Brown, Henry (R-SC)
    Congressman Brown, Sherrod (D-OH)
    Congresswoman Brown-Waite, Ginny (R-FL)
    Congressman Burgess (R-TX)
    Congressman Burns (R-GA)
    Congressman Calvert (R-CA)
    Congressman Cannon (R-UT)
    Congressman Cantor (R-VA)
    Congresswoman Capps (D-CA)
    Congressman Capuano (D-MA)
    Congressman Cardoza (D-CA)
    Congressman Carson, Brad (D-OK)
    Congressman Chabot (R-OH)
    Congressman Chandler (D- KY )
    Congressman Cooper (D-TN)
    Congressman Cox (R-CA)
    Congresswoman Cubin (R-WY)
    Congressman Davis, Danny (D-IL)
    Congressman Davis, Jim (D-FL)
    Congressman DeFazio (D-OR)
    Congressman Delahunt (D-MA)
    Congressman Deutsch (D-FL)
    Congressman DeMint (R-SC)
    Congressman Dicks (D-WA)
    Congressman Doggett (D-TX)
    Congressman Doyle (D-PA)
    Congressman Duncan (D-TN)
    Congresswoman Dunn (R-WA)
    Congressman Ehlers (R- MI)
    Congressman Engel (D-NY)
    Congressman English (R- PA )
    Congresswoman Eshoo (D-CA)
    Congressman Evans (D-IL)
    Congressman Faleomavaega (D-AS)
    Congressman Feeney (R-FL)
    Congressman Ferguson (R-NJ)
    Congressman Filner (D-CA)
    Congressman Foley (R-FL)
    Congressman Forbes (R-VA)
    Congressman Ford (D-TN)
    Congressman Frank (D-MA)
    Congressman Franks (R-AZ)
    Congressman Frost (D-TX)
    Congressman Garrett (R-NJ)
    Congressman Gephardt (D-MO)
    Congressman Gillmor (R-OH)
    Congressman Gingrey (R-GA)
    Congressman Goodlatte (R-VA)
    Congressman Gordon (D-TN)
    Congresswoman Granger (R-TX)
    Congressman Green, Gene (D-TX)
    Congressman Green, Mark (R-WI)
    Congressman Greenwood (R-PA)
    Congressman Gutierrez (D-IL)
    Congressman Harris (R-FL)
    Congressman Hastings (D-FL)
    Congressman Hayworth (R-AZ)
    Congressman Hensarling (R-TX)
    Congressman Hoeffel (D-PA)
    Congressman Holt (D-NJ)
    Congresswoman Hooley (D-OR)
    Congressman Honda (D-CA)
    Congressman Hoyer (D-MD)
    Congressman Inslee (D-WA)
    Congressman Israel (D-NY)
    Congresswoman Jackson-Lee (D-TX)
    Congresswoman Johnson, Eddie Bernice (D-TX)
    Congressman Jones (R-NC)
    Congressman Kanjorski (D-PA)
    Congresswoman Kaptur (D-OH)
    Congresswoman Kelly (R-NY)
    Congressman Kennedy, Patrick (D-RI)
    Congressman Kildee (D-MI)
    Congressman Kind (D-WI)
    Congressman King, Peter (R-NY)
    Congressman Kirk (R-IL)
    Congressman Knollenberg (R-MI)
    Congressman Kolbe (R-AZ)
    Congressman Kucinich (D-OH)
    Congressman LaHood (R-IL)
    Congressman Lampson (D-TX)
    Congressman Lantos (D-CA)
    Congressman Larsen (D-WA)
    Congressman LaTourette (R-OH)
    Congresswoman Lee, Barbara (D-CA)
    Congressman Levin (D-MI)
    Congressman Lewis, Jerry (R-CA)
    Congressman Lewis, John (D-GA)
    Congressman Linder (R-GA)
    Congressman Lobiondo (R-NJ)
    Congressman Lofgren (D-CA)
    Congresswoman Lowey (D-NY)
    Congresswoman McCarthy, Carolyn (D-NY)
    Congresswoman McCarthy, Karen (D-MO)
    Congressman McCotter (R-MI)
    Congressman McDermott (D-WA)
    Congressman McIntyre (D-NC)
    Congressman McNulty (D-NY)
    Congressman Majette (D-GA)
    Congresswoman Maloney (D-NY)
    Congressman Manzullo (R-IL)
    Congressman Matheson (D-UT)
    Congressman Meehan (D-MA)
    Congressman Meek (D-FL)
    Congressman Meeks (D-NY)
    Congressman Robert Menendez (D-NJ)
    Congresswoman Millender-McDonald (D-CA)
    Congressman Miller, Brad (D-NC)
    Congressman Miller, Gary (R-CA)
    Congresswoman Miller, Jeff (R-FL)
    Congressman Mollohan (D-WV)
    Congressman Moran, Jim (D-VA)
    Congresswoman Myrick (R-NC)
    Congresswoman Napolitano (D-CA)
    Congressman Neal (D-MA)
    Congressman Ney (R-OH)
    Congressman Pallone (D-NJ)
    Congressman Payne (D-NJ)
    Congressman Pearce (R-NM)
    Congressman Pickering (R-MS)
    Congressman Pitts (R-PA)
    Congressman Price (D-NC)
    Congresswoman Pryce (R-OH)
    Congressman Putnam (R-FL)
    Congressman Radanovich (R-CA)
    Congressman Rahall (D-WV)
    Congressman Rangel (D-NY)
    Congresswoman Ros-Lehtinen, Ileana (R-FL)
    Congressman Rothman (D-NJ)
    Congressman Royce (R-CA)
    Congressman Ryan, Tim (D-OH)
    Congresswoman Sanchez, Linda (D-CA)
    Congresswoman Sanchez, Loretta (D-CA)
    Congressman Saxton (R-NJ)
    Congresswoman Schakowsky (D-IL)
    Congressman Schiff (D-CA)
    Congressman Scott, Robert (D-VA)
    Congressman Schrock (R-VA)
    Congressmen Sessions (R-TX)
    Congressman Sherman (D-CA)
    Congressman Smith, Adam (D-WA)
    Congresswoman Solis (D-CA)
    Congressman Souder (R-IN)
    Congressman Spratt (D-SC)
    Congressman Stark (D-CA)
    Congressman Stearns (R-FL)
    Congressman Thompson, Mike (D-CA)
    Congressman Tierney (D-MA)
    Congressman Toomey (R-PA)
    Congressman Towns (D-NY)
    Congressman Turner, Michael (R-OH)
    Congressman Udall, Mark (D-CO)
    Congressman Udall, Tom (D-NM)
    Congressman Upton (R-MI)
    Congressman Van Hollen (D-MD)
    Congressman Visclosky (D-IN)
    Congressman Vitter (R-LA)
    Congressman Walsh (R-NY)
    Congresswoman Watson (D-CA)
    Congressman Watt (D-NC)
    Congressman Weiner (D-NY)
    Congressman Weldon, Dave (R-FL)
    Congressman Wexler (D-FL)
    Congressman Whitfield (R-KY)
    Congressman Wu (D-OR)



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  • indyanguy
    09-09 11:50 AM
    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..

    By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?





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  • nvmurali
    06-02 08:25 PM
    If Your Consulting Company is the negotiating then its good for you that you will be leaving on good terms. I would recommend you negotiate with them to File your 485 when PD available.

    As far joining new Employer, you can only join them with H1B with 140 waiting status.

    What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?



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  • gk_2000
    05-20 05:31 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss





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  • satishku_2000
    09-05 05:09 PM
    You are OK, the backlog is for Indians, Chinese, Filipinos and Mexicans

    You can expect to get your green card in less than a year. Good for you!

    What is amazing for example, is China! China-mainland can expect between 5-10 year wait times for a green card while China-Taiwan, China-Hong Kong and China-Macau can expect their green cards in less than one year, just like Egypt, and everyone else!

    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name



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  • ski_dude12
    02-22 07:21 PM
    Did you inform USCIS that you are changing jobs using EAD and invoking AC21?





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  • transpass
    08-04 11:34 AM
    Yep, how about a rally in front of Nebraska Service Center ;)

    Yeah, may be a cycle rally...:p



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  • kosu
    08-17 07:47 AM
    My wifes EAD was approved on July 30th. We applied for SSN on 6th of August and she received her SSN on 13th of August. Once you apply for SSN they will give you a letter stating that you have applied for SSN. On that letter it specifically states that you CAN start working and show that letter as a proof to your employer.





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  • VisaHelp
    07-26 09:21 AM
    Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.

    I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.

    In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"

    RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)





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  • kumargovin
    06-03 10:33 AM
    I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.





    Berkeleybee
    03-27 07:34 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee





    divakarr
    09-05 08:16 AM
    same here. file AP in August and got receipt. I-485 filed on July 2 and no receipt so far. called USCIS and could not find receipt number for 485.



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