Friday, June 17, 2011

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  • eyeopeners05@yahoo.com
    06-02 03:00 PM
    thanks guys...

    what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.

    One option is to do a h1 thru one of the desi employers and then join as a consultant.
    Are there any other options ?




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  • nda050325
    07-16 06:27 PM
    I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.

    Can you provide more details on the RFE ?




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  • Jaime
    09-04 11:57 AM
    Rally slogan?




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  • psam
    08-26 04:17 PM
    Hello all,

    It appears that my green card is lost in mail.
    My spouse received her 10 days back. Our 485 was approved on same day, so I think mine must be lost.

    I will wait for another couple of days for it to appear. Meanwhile I had few questions
    1. What is the process to getting a duplicate?
    2. If I just get GC stamped on my passport, will I be able to transit from Paris or London airport?



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  • pappu
    10-23 11:45 AM
    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.

    Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.

    I will correct my post to be more specific.




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  • cjain
    11-13 03:10 PM
    From the Aytes memo:

    Question 1

    How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer:

    If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:

    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.

    Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue



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  • vin13
    09-30 09:55 AM
    Thanks Chanduv23...this really helps to keep up the spirit.

    Does anyone know how long does it take to get the mail?




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  • we_can
    01-29 04:49 PM
    i just noticed your post. i am from portland, oregon. so count me in also. i had posted a message on the orgon state chapter a while ago and have not had a single response yet. Inspite of the large numbers of members in seattle and portland areas, i too am sad to this kind of inactivity and non-response.

    members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.

    we_can



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  • meridiani.planum
    06-02 02:12 PM
    I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?

    that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)




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  • jayz
    07-15 01:39 PM
    Congrats!

    How did you get this link? The Chennai website still shows dates for July 2008?



    All,

    Chennai Consulate has released the August appointment schedule on their site.

    http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf


    I got an appointment too.. yahoooooooooo...



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  • Lucky7
    12-05 06:38 AM
    with this type of money and job, you should have filed for EB2.. why EB3

    At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
    In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.

    Hope all of us are through with this nightmare by end of 2007.




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  • smartboy75
    07-09 11:00 AM
    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???



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  • zCool
    04-13 06:36 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.

    Lawyer is correct. letter needs to be from future employer.
    EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..




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  • nidar
    03-05 10:44 AM
    I am an IT consultant



    What is the probable Approval date for this application?


    My details:
    EB2-labor 09/2006.
    I-140 SRC078XXXXXXX(Texas)
    Reciept: 02/27/2007
    Notice: 07/31/2007
    Priority:09/01/2006
    section: Member of professional w/adv degree or of exceptional ability . Sec203(b)(2)

    I-485:# SRC08-008-53-XXX(Texas:2008:eight day from 09/01/2008)
    Recieved:08/14/2007
    Notice :09/11/2007
    Section: Adjustment as direct beneficiary of imigrant petition.

    Finger Printing:12/20/2007



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  • centaur
    02-09 11:08 AM
    Bush is for immigration reform.

    I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.

    Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.

    Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.

    It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.

    As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.

    The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.




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  • th3thirdman
    03-31 12:44 AM
    ya no BABIES FOR ME! I just dont want to have a child



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  • needhelp!
    02-15 04:39 PM
    May you have plenty of supporters coming your way.

    I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.




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  • srikondoji
    06-28 04:18 PM
    What is your nationality?
    I know for sure that you can't be Indian?:eek:
    --sri
    Yeh....1947. Sorry about that.....




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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.




    sbdol
    08-01 10:56 PM
    ...
    My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.

    For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.


    Just MY 2Cents

    2008 quota can never be used in 2007.




    IN2US
    03-17 11:21 AM
    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.


    no offense but the above doesn't make any sense what so ever, so does majority of your posts.
    and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.

    Peace :)



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