Saturday, June 25, 2011

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  • cheg
    07-20 04:44 PM
    Based on our experience, my husband's lawyer applied for I-140 premium processing and after it was approved we were able to file for an extension of 3 years since I-485 is still retrogressed and we got approved for that one as well.

    My 6 yrs are getting over in Jan 2008.
    1. Can I apply for H1 extension request for 3 yrs instead of EAD?
    2. Or with EAD?


    Excuse me but I am a novice here.




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  • pns27
    06-28 04:34 PM
    Please don't create any new thred.. Please close it .. We already have 4 threds going with different rumers.. No need to put another one..

    My answer is - No body knows what will happen.. So just chill and enjoy..

    Hi ramus can you point to the others threads going on this subject?:o I did check other threads to put this info. In fact I don�t want create any new threads. After looking for one that is appropriate, which I did not find, I started this one. The closest one would be the �June 1st filers - receipt � which is a diffrent subject.

    This is not a rumor, this a fact and I thought I should share with all so that every one will chill, take it easy and will not stressout in anticipation of 485 approval.

    thx.




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  • saileshdude
    06-25 12:55 PM
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    As per this memo -

    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.

    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this




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  • vxg
    01-03 03:59 PM
    Namecheck is done on everyone applying for any US visa at consulate. There is a database which i think called a lookout system and if you get a hit than you will go through further checks. It happened in 2004 and she has to pay $85 fee give full fingerprints at Delhi consulate and took about 6 weeks to get cleared.

    vxg,

    How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).

    What that namecheck on YOU or on your wife?

    Thanks.



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  • meridiani.planum
    06-15 11:10 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




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  • kola
    05-04 01:48 PM
    Hi Madhuri,

    Do you have any more information regarding this.
    I am in the same boat .
    My LC got approved through perm in my 6th year
    and I140 applied and pending .
    6th year expires in Sept06.

    Any help is greatly appreciated.



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  • pappu
    02-18 10:20 AM
    The flyer created by NJ chapter has been uploaded in the resources section

    Flyer_2007 version (word file)

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=22&Itemid=36&mosmsg=Item+succesfully+saved.




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  • andy garcia
    10-05 10:37 AM
    The best way to first start the changes to happen is to file a law suit against USCIS. If we can find a bunch of people would have the same kind of application credentials and different PD were the later PD application was approved we can sue USCIS for losses in personal life and career due to their ineffeciency.
    How many of you would be intersted in a law suit like this. If we have even a hunder people to file a law suit we will get more media publicity and our problem will get more recogniction than rallies and lobbying.

    This is what the law says:

    INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.

    What is your argument to sue?



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  • sameer2730
    02-06 05:00 PM
    Is H1B stamping subject to the same name checks as in the home country ? Since I have heard people get stuck for long times in these checks, what happens in similar situations when stamping is done in Canada.




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  • mhathi
    01-08 09:08 AM
    I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.

    This was for my H1 and my Spouse's H4 visa.



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  • nb_des
    04-15 02:59 PM
    Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.

    Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.

    Does that answer your question?




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  • snathan
    05-19 12:59 PM
    You just have to justify by saying, you have been in US on H1B visa and you came back after you have completed your project. Aftre that it is upto consulate.

    I dont think H1B was the reson behind this denial. Remember the law suit against infy for B1 visa...



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  • NolaIndian32
    09-22 10:30 AM
    I completely empathize with you - see my case details in signature :-(


    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".




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  • gsc999
    02-14 12:17 AM
    IV' ans of Southern California,

    We need your help in making the Admin Fixes Campaign Successful. We are organizing a Southern California IV Meetup and Letter Signing Event this Weekend. We are targeting to get a 1000 letters signed and sent to the White House from our group. We need volunteers to print letter templates, get envelopes/stamps and most importantly bring family, friends and colleagues to this event.

    I volunteer. I will be in Los Angeles this Sunday. See you there.

    Cheers!

    g



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  • cox
    October 23rd, 2005, 08:59 AM
    Hi Michael, nice shots. It's easy to see that you brought the discipline and hard work of your nature work to the studio. What was your lighting setup? Flash? strobes?...
    Thanks, Kevin. I'm somewhat embarassed, as I did not use any lighting setup, so your attribution of hard work is, I fear, a little misplaced. I have this house with full floor-to-ceiling windows, and was using natural morning light, diffused by the fog that has hung over the bay for the last week in the AM. I used the camera's meter, either spot or center weighted, with manual bracketing when I thought that was insufficient, as was the case with the wreath & red roses.
    ...I would be interested in knowing the shooting parameters of these shots, what lenses used, etc...
    I was using the 1DMII, and three lenses; the 50mm f/1.8, 100mm f/2.8 Macro, and my newly purchased 16-35mm f/2.8L. Most important was the Manfrotto tripod that allows nearly infinite positioning flexibility. As I said before, I made a cheesy PVC pipe frame and welders clips to hang backgrounds (<10 min fabrication time, <$10). All cases used low f stops, 2-6, & long exposures at low ISO for better quality. I was using the low f stops to help hide the imprefections in the background and give the soft focus effect the customer is looking for.

    Good luck! I'm off to the Islands for a week.
    I hope islands far from caribbean hurricanes!!

    Thanks for the input, all. I suppose that I ought to look at getting some lights... Since I was using natural light, we (customer & I) didn't finish yesterday, and I will have to do the last pieces today (about 2 dozen total). That will also allow me to go over contact sheets with her.




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  • logiclife
    02-16 01:02 PM
    There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.

    In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.

    I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.

    Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.

    The quota itself is a problem. The per country limit within the quota is NOT a problem.

    --logiclife.



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  • g03
    05-16 10:29 AM
    John Kyl from Arizona wants to put an amendment to make "current legals ineligible for this benefit for this if they go out of status from now on".




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  • gccovet
    05-08 02:31 PM
    :confused:
    I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.

    Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?

    Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?

    Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)

    Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?

    Hi, I am not an expert, quoting from things I have read in the past.

    Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.

    Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.

    Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.

    Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.


    Again, I don't consider myself an expert. so take this with a pinch of salt.
    Good luck.
    GCCovet




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  • ajcates
    03-08 12:06 AM
    I use notepad, so I think we should have a notepad forum.




    gc_lover
    06-25 03:02 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
    You can always file new application on July 1st.




    mrdelhiite
    08-08 07:59 AM
    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......


    Thank you.

    -M:)



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