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Tuesday, June 14, 2011

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  • desi485
    09-26 05:38 PM
    My application reached NSC (as per FedEx tracking) on July 24.

    My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.

    My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.

    USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.

    My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o

    what could be the reason??? This is killing me.





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  • Maverick1
    11-16 01:45 PM
    Let me restate to make sure I understood your question right :

    Are you currently working as described in "A" and going to join a job as described in "B" ?

    They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.

    As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.



    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 ?





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  • pappu
    08-21 03:23 PM
    its good to see so many new members these days on the forum.

    Welcome.

    all new members , please dont forget to contribute some money to IV

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    we have this forum and all the lobbying efforts only due to the contributions made by members of IV. The work has to continue and we would need funds to extend this effort further. We are still not there yet in our efforts to get the law passed in the house.

    members pls. prod your friends to join IV contribute money. Even a small contribution by many will go a long way in our efforts.





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  • Dhundhun
    10-24 01:55 PM
    Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.

    Why someone would give red dot for this?

    I think, site is being attacked by terrorists, want to annoy everyone. Admins, find out guys and take appropriate actions.



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  • shreekhand
    08-03 12:45 AM
    FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.

    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.





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  • sriswam
    06-29 11:00 AM
    Just found out from USCIS customer servicer rep that the documents should be *POSTMARKED* before july 2nd. So we can still paper-file the I-907 to upgrade I-140 to premium processing as long as we mail in the paperwork before Monday.

    Cheers!
    -Sriswam



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  • aug2007
    02-24 07:53 AM
    Thank you theshiningsun and chanduv23.

    Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

    I want to clarify little more.

    1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

    2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?





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  • HopeSprings
    02-14 12:25 AM
    The voice of legal immigrants.



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  • 21stIcon
    05-04 01:36 PM
    Every body knows about PERM system glitches before July28,2005, they gave an oppertunity to refile for all those who got rejected on software issues, so we do not need to go back to year old data and I am quite a frequent visitor to immigrationportal, at least 5 visits a day from last sep'05

    Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
    .





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  • aries
    09-24 09:26 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!



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  • bheemi
    02-20 11:20 AM
    Hi,
    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .

    Thanks





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  • acecupid
    08-23 04:33 PM
    Receipts received on Aug 21, for I-485, I-131 and I-765 for application sent on July 16th :D



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  • aravindhome
    04-29 01:02 PM
    Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....

    a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....

    b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......

    c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...

    Hopefully, these suggestions come in handy for you....... All the very best....





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  • reddy77
    08-09 08:10 AM
    Even I did the same thing, MY PD was current in July Bulletin, So I applied (Premium processing) for 3 years extension based on approved 140 in Jun 2nd week and got the approval in Jun 3rd week for 3 years ...



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  • andhrawala
    11-18 01:49 PM
    Hi GCInLimbo,
    I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).

    Now, my old employer reverted the pending H1B as I left the company.

    I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.

    Please update me of how are you proceeding with your case.

    Thanks,





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  • Jerrome
    11-30 11:36 AM
    What is your PD and nationality. without this information nobody can even GUESS how it happened.



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  • Jaime
    08-06 12:12 PM
    Yeah, why not? As long as Legals ALSO get green cards!

    On The Washington Post today:

    A Less Ambitious Approach to Immigration

    By Arlen Specter
    Monday, August 6, 2007; Page A17

    The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.

    Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.

    So let's take a fresh look and try a narrower approach.

    There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.

    The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).

    This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?

    Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.

    Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.

    It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.

    The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.





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  • grupak
    08-15 07:40 PM
    Thank you all for the good wishes!

    Good to see you Jazz.

    Congratulation,


    You said relocated- Did you invoke AC21 and if so, did you inform
    USCIS about your new employer/job? Please, let us know on this


    My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.

    But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.





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  • mytrix76
    01-10 01:50 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Thank you guys.
    So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?





    jazzy2
    05-25 08:50 AM
    Hi
    directly spoke with the staff of Sen. larry craig....





    arunmohan
    11-14 03:51 PM
    Thank you roseball. What is H1 COE?



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