Wednesday, June 15, 2011

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  • hpandey
    01-02 02:16 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .

    A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or





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  • joydiptac
    05-11 07:51 PM
    - What it means is different depending on who you say it to and also the context.
    In a meeting when you say that it means you either don't have a clue or you don't want to talk about it as it either is less important than what ever else you have to say or it will only prove how inefficient you are.

    However, when you say that to the Senate committee it means that you will have to get back with at least a 3-10 page report. It would have helped had Myorkas been more supportive upfront but what the heck... The Senators already know the answer anyway. They were just asking for support from Myorkas.
    FWIW





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  • gc_on_demand
    05-13 11:01 AM
    Dear members

    Please dont keep hope that there will be a CIR in a year. Why ? Mr President is not confident that he will bring it or not otherwise he would have sound plan and announcement. He is asking Mccain to take a lead on this and remember that news Mccain was angry on mexican delegation who went to him to argue to bring CIR.

    This year they will not bring it with unemployment and other reason. Next year it will be election year.


    If time is good they will attempt in 2011 so it will help in election 2012...again nothing can be done in 2012 too..





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  • michael_trs
    05-14 04:48 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?



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  • mhtanim
    01-30 01:52 AM
    Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.

    If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.

    Comments from anybody with more knowledge on this will be highly appreciated.





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  • bbenhill
    01-14 05:59 PM
    Hi ca_immigrant, agree with ur point. I gave you green :-)

    Thx
    bbenhill

    Congrats !

    and thank you to desi485 for posting the link

    Good one and particulary moving was the last point ... -:)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....

    but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....

    neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
    (They are in India with my elder borther)

    oops...sorry for writing something out of context....

    but again Congrats !!



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  • Ramba
    10-05 05:01 PM
    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.

    If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.





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  • skumar9
    04-13 11:07 AM
    My date is also not Current(Eb3 2006 ) got RFE today requesting The TB test. Think they opened the case and working. :)



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  • arnet
    09-15 03:05 PM
    nt for slight difference i think....but they will pass with much difference....

    who knows, even they might have difference in areas like lighting,technology,patrols,who construct it, funding, etc.....if they add our provisions then it will definitely goes to committee.....





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  • gc28262
    01-16 03:29 PM
    Lofgreen's office entertains calls from her constituents only. This is my experience when I tried to call her office last year.

    Please correct me if I am wrong.



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  • dyekek12
    12-13 02:15 PM
    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?





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  • sathyaraj
    11-15 04:25 PM
    This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.

    Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.



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  • kaisersose
    04-16 04:38 PM
    What is an "MTR"?

    Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.





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  • pointlesswait
    01-21 11:22 AM
    it sounds like it came right out of his a$$
    :p
    This rumour sounds like its straight out of timesofindia :p;)



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  • bkarnik
    04-17 03:37 PM
    But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.

    My 2 cents..





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  • ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.



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  • moe
    02-11 10:35 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.

    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.

    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby





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  • dontcareanymore
    06-18 02:38 PM
    I am assuming your GC is "employment based".

    If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.

    By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.





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  • eilsoe
    10-03 02:03 PM
    hehe, I hear ya! :P

    Have fun... :evil:





    vani
    08-26 11:39 AM
    Thank you very much for your prompt reply. Greatly appreciate.
    I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
    I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

    Regds,
    Vani





    Edison99
    02-08 02:29 PM
    Panel discussion � is good sign for clearing backlog. This kind effort took place in 2005/2006 and they cleared almost all Labor petitions. However some guys missed July 07 ship though :-(

    It's a long discussion but the summary in the last 2-3 mins suggests that
    a) the temporary worker visas issue should not be tied to backlog reduction issue
    b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
    c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
    d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.

    You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.

    Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!



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