Sunday, June 19, 2011

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  • smartboy75
    08-20 07:09 PM
    Complaint to USCIS...I know of one such body shopper who did the same thing...sold one labor to 10 people...when the fraud was caught...the employer was arresetd and the remaining 9 people who bought the labor were deported out of US...u should get the labor bak in ur name....fight for it...if you think this may bring ur downfall....take down ur employer with u...





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  • gcseeker2002
    08-22 07:38 PM
    I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

    I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
    Filed 485 in July 2007 & got EAD/AP.

    Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

    Filed EB2 labor in March 2009, Got approved in Jan 2010
    Got EB2 I140 approved in March 2010
    Late March Case transferred to Local Office.
    Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
    Date got current in July.
    - Call multiple times 800 number only standard response
    - Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

    I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

    Best Luck!
    I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).





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  • tinku01
    02-12 12:09 PM
    Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
    Unluckily I chose for CP instead of 485 and now lying in a dark well.

    Anyway please don't sympathize, I'll certainly come out of this situation very soon.





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  • satishku_2000
    05-31 01:26 AM
    Please guys, I understand the frustration we're all going through but do not compare it to what happened to the Jews under the Nazis. We are indeed in a bad situation but comparing it to genocide is too much.

    I have seen pictures of the Holocaust and still get nightmares.

    Just keep things in perspective and have faith in God and your destiny.
    Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.

    There is nothing in this world that is as evil as Nazis , People should refrain from using the word at any cost.



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  • vasireddyanil
    02-20 06:33 PM
    Adibhatla,
    Thanks for the response. Could you please provide me some documental support in this regard. I need them to convince my client. I came out of the project due to this issue. To go back again I need to provide a little support. Atleast, if possible please provide me some links.

    One more question. My EAD will expire by April. Can I apply for renewal?

    Thanks
    Anil





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  • kpatel_29
    12-20 02:33 PM
    NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..



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  • desi_voice
    04-16 02:22 PM
    Hi aroranuj,

    US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.

    From what my attorney told me,

    1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.

    2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.

    3)Not sure of Diploma


    You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.

    What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.





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  • nepaliboy
    11-10 11:30 AM
    no fp notice yet i am july 2nd filler



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  • Dhundhun
    12-29 02:37 PM
    Please modify title.

    Also, it will be quite useful to set a counter, how many people started using AC21.





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  • nc14
    11-30 04:41 PM
    Mr. Brown,

    That is why I have said "most" and not all. You are right I do not have any proof or data (but I am sure IV does) , try scanning any of the threads and you will see what I stated is very obvious.

    If this post instigated you then you are not as thick skinned as some of your EB2 peers and hopefully will join the bandwagon of Donors soon.

    My bitterness is the same for EB3's who do not do much other than posting on threads but I think (no proof again) there are more EB3 donors in the Donor threads than EB2's.




    Agreed that I haven't contributed (yet) but that's a mighty big acquisition from your end on calling all of us EB2's free riders without any considerable data to prove it.

    I think it's within our best interests to remain united until things are straightened up but I sure can understand your bitterness and hope the best for you too.

    Peace!



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  • Maverick_2008
    04-24 11:47 AM
    Getting a driver's license is also problematic in some states.

    Maverick_2008





    Hello all,

    I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.

    I am a firm believer of the proverb "Crying baby gets milk!"


    I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)

    Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )

    1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?





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  • aniltatikonda
    08-07 12:49 PM
    PD : Nov 2004
    RD : July 25 2007
    140 Approval : Oct 2006



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  • styrum
    12-19 03:48 PM
    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.

    Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
    As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.





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  • sgupta33
    01-15 09:58 AM
    ^^^^



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  • asdcrajnet
    07-17 10:58 AM
    Nebraska
    --------
    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement November 06, 2006
    I-90 Application to Replace Permanent Resident Card 10-year renewal October 08, 2005
    I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) January 13, 2007
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 22, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2006
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2006
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2006
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2006
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2006
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2006
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2006
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2006
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2006
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2006
    I-131 Application for Travel Document Permanent resident applying for a re-entry permit March 06, 2007
    I-131 Application for Travel Document Refugee or aslyee applying for a refugee travel document March 06, 2007
    I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole March 26, 2007
    I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole October 14, 2006
    I-131 Application for Travel Document All other applicants for advance parole March 26, 2007
    I-140 Immigrant Petition for Alien Worker Extraordinary ability October 03, 2006
    I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher December 11, 2006
    I-140 Immigrant Petition for Alien Worker Multinational executive or manager September 07, 2006
    I-140 Immigrant Petition for Alien Worker Schedule A Nurses September 18, 2006
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability September 14, 2006
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 01, 2006
    I-140 Immigrant Petition for Alien Worker Skilled worker or professional October 06, 2006
    I-140 Immigrant Petition for Alien Worker Unskilled worker October 20, 2006
    I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants January 13, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 20, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago February 01, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago August 01, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) January 13, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act January 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 04, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 15, 2006
    I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee July 20, 2006
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents November 12, 2006
    I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] June 16, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007
    I-765 Application for Employment Authorization All other applications for employment authorization April 27, 2007
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition November 29, 2006





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  • arc
    10-03 02:31 PM
    Did Anyone In This Condition Got Fp?



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  • venkygct
    09-03 03:38 PM
    ^^^^^^^





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  • ramus
    06-27 08:39 AM
    If you really looking for long term solution then you should focus on action items that core members asking us to do...Have you done any of these?

    members will file 485 whenever they can and whenever they want to. I don't think even single person should buy this idea.

    Sorry not mean to hurt you but this is just bad idea.


    Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)





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  • breddy2000
    05-30 03:14 PM
    Done





    wellwishergc
    04-10 09:02 PM
    I agree with bharnik..

    Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.

    So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.

    I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.

    It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.

    IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.

    Bee:

    Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.

    Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.

    I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.





    plassey
    08-22 03:25 PM
    I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

    My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:



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