Sunday, June 26, 2011

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  • santa123
    06-11 12:25 AM
    I have an approved labor and curious to know if PP is only for H1 extensions and not open to all. Thanks!




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  • parablergh
    08-27 02:27 PM
    phone number: 800-375-5283
    follow the prompts.




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  • acecupid
    08-21 05:45 PM
    My checks were cashed on Aug 20th for RD of Jul 16th :)




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  • dreamworld
    12-13 04:05 PM
    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?

    To your question:
    Yes, You can apply under EB2 with Masters degree.

    But do your own research on pursuing masters. It will take alteast 2+ years to complete and land on a job. The GC process and Economy might swing back or forth without your control.



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  • gxr
    09-26 02:12 PM
    Got EAD approved on 09/25. Filed on 07/03, RN is 09/11. - NSC, 140 still pending.




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  • gceb3holder
    02-27 08:51 AM
    Ok! So that brings me to late July... :( still, not bad, but not perfect. Anyway, like someone up there said, it is worth it. :cool:

    What would be the process to switch jobs? Does the new employer need to fill anything with USCIS ? Or I can simply sign a new contract with them ?



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  • isantem
    08-05 01:02 PM
    EB-3 no longer depend upon your place of Birth.

    :confused::eek: this is a new law by president paulinasmith?:D




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  • santb1975
    12-25 04:18 PM
    for sure if you go DOL. you can take the help of an attorney to get you the amount based on your past pay stubs.



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  • rajuram
    08-21 12:19 AM
    #4 in my post, was just to lighten the mood. Other things are definately worth considering.

    Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.

    But somethings that may be worth trying in the interim are -

    1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.

    2. Longer duration AP.

    3. Fee reduction for 2nd & subsequent renewal of EADs and APs.

    4. An apology from USCIS for the delay!!




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  • hpandey
    01-02 02:16 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .

    A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or



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  • Mayday
    04-05 11:00 AM
    If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?

    I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).

    But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.




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  • Texascitypaul
    02-23 08:33 AM
    I am a UK citizen i came to the US in 2008 (aug) when i married my USC wife,i then returned to the UK until Dec 2008 and have been in the US since under VWP,my i94 ran out in march 2009.

    I am aware of the "right" way things should have been done, but here i am illegal still with my wife and children (she has 4) i need to try and salvage something out of this meaning i just want to live normal with my family work just like a regular guy get a driving license etc.

    Now i have a clean background check from the UK..1 down many to go isuspect...my wife having 4 children would never have been able to prove affit david of support least not on paper (she is a student and graduates as a RN in may of this year) at which point she would be able to earn enough to do this.

    Through all this we have managed to survive as a family its hard with only one working but we get help from her parents and family.

    $64,000000 question what should i do?

    Thankyou for reading

    Paul



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  • hydboy77
    06-22 07:19 PM
    good one. Here is the schedule for USCIS
    2009 Pre-Adjudicate 485
    2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
    2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
    2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
    2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
    2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485

    and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.

    Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.




    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D




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  • a_yaja
    06-18 12:34 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
    I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

    There was no issue with the I-140 approval.



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  • rameshk75
    08-04 01:37 PM
    Please refer to the detailed note on SS update after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20610

    Good info..




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  • green_card_curious
    03-07 04:12 PM
    Hello

    I filed concurrently for I-140 and I-485 through NIW petition; and for my wife as dependent beneficiary. I received an RFE in Dec 2008 and got a denial yesterday.

    1. Will my I-485 be denied automatically?
    2. When we appeal for I-140 decision, will the I-485 status be "pending" or will it be denied first and then activated after subsequent approval of I-140?

    PS: the reason for the rejection is unknown.

    Please respond ASAP.

    Thanks.



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  • immi_enthu
    12-28 10:07 AM
    I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.

    This is not the first time. It's so frustrating . Well, that's USCIS for you.




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  • pd_recapturing
    06-01 06:39 PM
    Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?




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  • dbevis
    July 15th, 2004, 07:45 PM
    I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
    :)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)




    eb3retro
    04-01 09:12 AM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congrats greenguru. enjoy. i am still waiting to see one eb3 485 approval atleast and am yet to see one atleast for the past 2-3 years..even PD back to 2001. i didnt see a single approval in eb3 category for india.




    leonqiu
    03-14 12:06 PM
    Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.



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