Sunday, June 12, 2011

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  • chanduv23
    10-27 07:15 PM
    Our first New York meet started with a small meet at a Starbucks in Manhattan. After that we have been having frequent meetups and the attendence is considerably increasing.

    So for you all in IN it is a good start. Good luck




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  • kaisersose
    07-30 09:15 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.

    2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.

    3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.

    Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.




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  • gc_maine2
    05-24 08:36 AM
    Good job Salil. Keep up the good work.




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  • naturopathicpt
    06-25 10:15 PM
    Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

    I highly appreciate your warm assistance.

    NaturopathicPT



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  • eilsoe
    10-03 12:12 PM
    Yep!! :P

    About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...

    looks weird...




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  • Rb_newsletter
    01-25 08:42 PM
    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.



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  • FredG
    May 16th, 2005, 08:23 PM
    Joey, I like the last one with 2 suggestions. 1) As Josh suggested, get rid of the birds and retake it when the shadows are a bit less imposing. 2) Stage a foreground object. The path is too bland, and needs an anchor or point of interest. It doesn't have to be large. A park bench, a log beside the path, a small shrub near the path, for example, maybe even a blanket with a picnic basket on it. Not sure it would blend in, but maybe even a (subdued) hopscotch layout in chalk on the path. That would establish your "near". I like the "far" in this shot. At first, far appears to be straight down the path. But then you realize that far actually bends behind those smal trees to the left of the path, and the furtherst point ends up between those and the large single tree. I found my eyes taking a nice journey in those directions. Just a few thoughts.




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  • shahsahil
    04-17 02:46 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..

    It is a fresh application.



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  • gchopefull
    10-02 03:52 PM
    just pm you.
    thank you




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  • namm80
    01-10 04:42 PM
    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.

    Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)

    took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.

    good luck to you!



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  • solraj
    03-26 01:14 PM
    There is no such guarantee of moving forward all the time.It all depends on how many visa #'s are currently available and how many have been utilised.If USCIS starts using #'s allocating to each app currently "CURRENT" it leads to no available no's and it will retrogress.So it all depends how many GC's are currently pending before Dec 2003 utilizing the #'s and how many of these are allocated no's.So we never know.I am not trying to be pessimistic but reasoning it.




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  • RDB
    08-03 02:38 PM
    Alright - my wife and I completed the Interview today and they asked for proof of relationship (joint assets, tax returns etc.), current employment letter and Birth Certificates. After that the officer told me that he has approved the case in the system, however, as my PD is not current they can't give me the actual card.

    He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!

    I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!

    So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D


    Thanks for the link. Looks like I will have to get ready for an interview!!!!



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  • LostInGCProcess
    09-15 12:03 PM
    This is truly a great idea. We must show the 'family' face of our struggle. This country is built on compassion (at least that's what they claim in the mainstream media). Each one of us must send one family picture to the President of United States and urge him to take a closer look at the current USCIS process and make it better.

    I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.

    Good Idea!!




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  • Ramba
    05-22 12:22 PM
    Filing 485 after june 10 may not help much. Because, state deprtment will move the date based on number of 485 approval (already filed before retrogression) by june first week, not by number of new 485s recived by june first week.

    However, it is a good idea. Perhaps this time they may moniter the number of 485 recived on or before june 10. Unlike H1B, one can submit the new 485 on or before june 30. No need to rush.



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  • gcformeornot
    06-06 06:55 PM
    Job should be same or similar responsibilities and salary

    salary is not requirement. It can not be less off course. It can be equal or more than LC.
    Currently only 2 requirements
    140 Approved and 485 pending more than 180 days.
    Job should be same or similar title. Yes title only job duties do not matter.

    This is per my lawyer.




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  • rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

    Thanks
    Raj



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  • antihero
    11-27 12:36 AM
    If we have an AP, then do we still require a transit visa?

    I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.




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  • simple1
    06-18 04:50 PM
    My intent is not to divide IV. I was just highlighting EB non-ROW.

    Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?

    Please enlighten me.

    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.




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  • alterego
    08-06 01:10 PM
    Congratulations.

    Enjoy your new status.

    Hope you will stay atleast partly involved. You have been tremendously energetic in you activities. We are all happy for you.




    vivache
    10-05 07:17 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?




    saimrathi
    07-03 11:41 AM
    Dont tell me you never take vacation ;-) If that is true, I will hire you.

    Please hire me.. since you are all set yourself... Lets be practical.. I think contacting the media should be your top priority.. I have done it already, why dont u use your precious time there...



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