lunes, 27 de junio de 2011

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  • Hermione
    10-02 03:58 PM
    I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).

    Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.




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  • pitha
    01-15 05:43 PM
    not to be cynical but what sort of "change" is on the way with CIR, if you are "illegal" sure some good change is on the way, but if you are a legal eb immigrant not sure what is in store for us, it is not necessary to be good with points based nonsense etc.

    For sure visa recapture independent of CIR is the best possible outcome.

    Anyway lets call lofgren and ask for visa recapture. I have already called and asked, please all of you do the same. It will give her confidence that there is support for it if all of us call.


    Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)




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  • sam_hoosier
    11-15 04:02 PM
    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?

    Is the SOC/O*NET job code same for both jobs ? If so, you should be fine but double check with your lawyer.




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  • ameryki
    07-05 06:06 PM
    must also remind you since 9/11 and this happened to me in Cali shooting ranges also do not let "non citizens" use their services. so even if you bought a gun not a lot of places for you to practice on how to use it just my 2 coppers for you mate.



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  • CCC2006
    10-04 03:32 PM
    Hi there,

    There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.

    Best of luck.




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  • paskal
    04-12 08:23 PM
    In other words we can go through CompeteAmerica, as this is the umbrella organization working in this area?

    we do collaborate closely with compete america on these issues.
    we also requested everyone to get letters from their employers for administrative fixes...perhaps you missed that. we have also constantly encouraged everyone to present these issues to their employers and get support for immigration reform. at least one major corporation's employees in immigration voice have successfully lobbied their employer to become active and help bring immigration reform. the given corporation has been a strong voice and a great asset to us since then.

    so you see my friend, it's really up to you. core team or iv leaders can't do this. you can. it's a good idea. go ahead now and walk the talk! hopefully we will see your employer "abc" (that's it, right Harivinder?) speaking up for us soon.



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  • paskal
    11-05 10:54 PM
    The following are not counted against H1b caps as far as i know, the list may not be complete:

    existing visa-transfer jobs

    employees of not for profit entities

    University employees

    J-1 doctors starting an underserved area job




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  • tabletpc
    07-30 09:13 AM
    Sad to know about u r situation and hope u will get out of it soon.

    Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!

    As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.

    You can port PD from Eb3 to any employment category.

    Did i answer u r queries...???

    Good luck



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  • gsc999
    06-29 01:41 AM
    Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.
    ---
    Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
    Beware! Big Brother is watching.

    That is the reason I didn't support the US soccer team at World Cup.
    US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

    Hilarious! Couldn't resist :o




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  • sargon
    07-12 03:48 PM
    May be you should not keep two spouses. Sounds kinda risky.

    Just kidding. The title of the thread goaded me into making a wisecrack.



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  • needhelp!
    05-16 05:10 PM
    What is MI phone list?

    Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.




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  • harivenkat
    05-11 01:06 PM
    This is happening right now

    Senator Patrick Leahy (D-VT) chaired a Senate Judiciary Committee hearing on U.S. citizenship and immigration services. Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services testified before the committee.

    C-SPAN Video Player - Senate Judiciary Cmte. Hearing on U.S. Citizenship and Immigration Services (http://www.c-span.org/Watch/Media/2010/05/11/HP/A/32807/Senate+Judiciary+Cmte+Hearing+on+US+Citizenship+an d+Immigration+Services.aspx)



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  • bharol
    07-05 02:00 AM
    Is this for sport or for self-protection, if you don't mind me asking. What kind of gun would it be? Just curious.

    For self protection.

    However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.

    For me Guns are like a computer is to my 90 years old Grandpa!




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  • bharol
    07-05 04:41 PM
    Which part of CA are you in? Is it scary to live there. Do you really need a gun?

    I live in Southern california(also lived in LA/Orange/San diego area) and i guess you are not in Southern california.

    J Thomas


    I live in SF Bay area.
    Not that I am getting paranoid, I suspect social issues if economy worsens..Rising crime and other social issues do come up in tough economic conditions.

    Recently one of my friends was targeted in a racial abuse, something which was unheard in the area where I live in. I see gang signs allover the area where I live. It was not like that one year ago.



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  • Bogdan
    06-02 11:26 AM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.




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  • sgorla
    02-23 04:25 PM
    NV does not allow in-state
    OH does allow in-state

    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.



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  • OLDMONK
    04-17 02:42 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..




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  • iamgsprabhu
    04-20 10:20 PM
    This is really now a high time we need to do something, Green card is delayed, we have been patiently waiting, now EAD renewal is also delayed, I applied for AP renewal it is more than 2 and half month and it is delayed.

    Why are legal and regular tax payer like us troubled so much ? , they want money take it, but provide efficient service ?

    I am really surprised that there is nothing we can do ?




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  • EB-VoiceImmigration
    02-24 08:50 PM
    Moving to the Faster Lane : Changing EB3 to EB2

    We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.

    EB3 Cannot Simply be Changed to EB2

    Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.

    New EB2 Case Filing Based on Minimum Job Requirements

    It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.

    New EB2 Filing Permissible with Job Change

    It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.

    Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.

    EB2 Filing can be with Existing or New Employer

    As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.

    It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.

    Transfer of Earlier Priority Date to New Case Filing

    The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.

    There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.

    Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?

    Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.

    A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.

    At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.

    Conclusion

    At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved




    neerajkandhari
    07-27 05:04 PM
    Once i use my EAD can i work accepting 10/99 (contractor) with same or some other employer I am on H1b

    Can my wife work as contractor she is on H4




    sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)



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