Sunday, June 19, 2011

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  • crazyghoda
    06-08 07:29 PM
    Not a bad idea. No need to bring up all the talk (from other threads) about interim GC or whatever. Just a 10 year validity on EADs and APs for retrogressed categories. If nothing, it'll atleast highlight the situation (and save me $340 + $305 = $645 every year)

    too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..





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  • sledge_hammer
    05-15 07:12 AM
    ^^^^





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  • fuzzy logic
    07-01 12:25 PM
    Only yesterday I had a converstion with my compnay lawyer on this topic.
    Her view is that I would have to amend the H1 for any location and/or responsibility changes.

    Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?





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  • gc_kaavaali
    12-10 02:53 PM
    Please consider contributing IV...IV need your help to resolve our immigration problems.

    http://immigrationvoice.org/forum/showthread.php?t=15905



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  • chanduv23
    08-29 10:37 PM
    Hi frnds,

    I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.

    Tanx.

    Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this





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  • bluez25
    10-29 07:00 PM
    adds,

    I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...

    Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...

    SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.

    You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...



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  • vallabhu
    01-02 01:53 PM
    I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason

    my labor is filed EB3 Skilled worker

    he mentioned with in EB3 there are 2 categories Skilled and professional

    for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.

    but for eb3 skilled employer has complete discretion of defining edu requirements.

    mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.

    h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled

    his plan of action is to send them evaluations from multiple academies as you guys have mentioned.

    and it looks very fishy from the denial letter

    denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.

    and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.

    I can paste exact content of denial by tomorrow.





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  • gc_chahiye
    10-03 03:10 AM
    so when is a visa no. allocated?
    say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?

    visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...



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  • Siddharta
    09-26 12:48 AM
    YES YES YES - go ahead screw your smalltime employer

    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).





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  • EB3June03
    06-18 01:08 PM
    From:- http://www.cdc.gov/ncidod/dq/pdf/civil_surgeon_ltr.pdf

    Technical Instructions for Civil Surgeons
    A new TB classification (Class B: Latent TB Infection Needing Evaluation for Treatment) should be used for all applicants who are recent arrivals to the United States (less than 5 years) from countries with a high TB prevalence, with a Mantoux TST reaction of 10 mm or greater of induration, and no evidence of TB disease. See Section V of the TB Technical Instructions for other conditions for which referral for evaluation for treatment of latent TB infection is recommended. The civil surgeon should pro-actively contact the TB Control Program of the local health department to identify specific sources of treatment for latent TB infection and make the appropriate referral.

    What if the applicant is NOT a recent arrival in US and does NOT have any evidence of TB disease? I hope there is another category for that (which might be exempt from treatment).



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  • tnite
    09-30 11:31 AM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.

    I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC
    There were atleast 7-8 cases from NSC on this board who received RFE's.





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  • GCBy3000
    04-17 10:29 AM
    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.



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  • h1techSlave
    04-27 10:32 PM
    This one is from Mathew Oh:

    After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.

    After watching all these dramas in the Senate/House, I feel the law makers are testing the waters with various types of immigration bills. Like the IV core team has always suggested, our only real chance is the CIR, whether we like it or not.

    Cheers,
    h1techSlave





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  • vparam
    05-14 08:04 PM
    My PD will become current. I want to support IV, so contributing agaain.

    today 100, 450 till date.



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  • abhisam
    01-08 11:37 AM
    I got it in a week, I got it from SF Consulate.

    wow..that was fast. did you go there personally? I am in Los Angeles and mailed it to the SFO office in December. No news yet.





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  • alahiri
    06-19 11:33 PM
    In murthy.com website there is the following write up to explain how priority dates are significant after i485 has been filed:

    From: http://www.murthy.com/news/UDpdhdtw.html

    "If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""

    However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?

    https://egov.uscis.gov/cris/jsps/ptimes.jsp


    Can anyone please clarify wether priority dates really matter after i485 filing?
    As I can see that in NSC i485 of Sept 2006 are being processed.



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  • go_guy123
    07-26 02:52 PM
    No idea what to say, yes they have all rights but doesn't this never ends?

    Or Are these cases rare ?

    Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???

    Oh my god too much of reality.

    This the very reason why one should file for citizenship after 5 years of GC. GC is yet another type of visa which one can lose. De-naturalization process is harder and more cumbersome.





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  • estrela21
    02-08 11:56 PM
    Hello estrela,

    Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.

    This forum is dedicated to the plight of high-skilled employment based immigrants.

    Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.

    Best of luck

    how i do it to take my question out here?? i am sorry..i didn't mean to cause any problem..





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  • trump_gc
    03-26 01:32 PM
    May be its a stupid question? But let me ask anyway:-

    Does STEM considers BS + 5 yrs as Advanced degree? I have 140 EB2 approved with BS +9 years of experince, even though EB2 is for advanced degree but I think I may not qualify for STEM since I do not have master,,is this true?





    jungalee43
    06-30 07:39 AM
    Thanks neverbefore.
    Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".

    Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.

    And just chillax! You have done everything right, so why should anything adverse happen.

    What will happen: Oath->Demand for driver's license->Demand for passport
    Medical does not expire once filed
    Officer will review the file along with us
    We need to post a sticky note on file saying we are a family of 3 so we are seen together

    Docs:
    Appointment notice demands
    Paystubs
    Employment verification letter from employers
    Mortgage papers
    Education transcripts and degree
    Tax returns
    Marriage certificate
    Birth certificates

    Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously

    They might give us an I-792, send a copy to attorney. Always get the officer's name!
    A copy of July 2007 visa bulletin
    Arrival/departure record to/from US
    Pictures (passport) and marriage and family
    Driver's licenses
    H4 and H1B Notices of Action





    jchan
    05-05 09:59 AM
    If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..

    So how can we influence them through this 'public commenting' period? Would that make any change at all?