Monday, June 13, 2011

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  • ak_manu
    10-19 08:20 PM
    Thx for response.

    I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?





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  • gg_ny
    09-10 10:21 AM
    My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.

    There are a few key lessons:
    1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
    2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.

    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.





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  • rjgleason
    January 17th, 2005, 07:01 AM
    Anders, good job on the hockey pics. I have a couple of questions.

    Did the lighting necessitate your using ISO 1600? What was the lens you used? Monopod? What metering mode? Did the ice cause any problems?

    The reason I am asking is that I recently did some boys and girls high school portrait shots and they want me to shoot some games. The lighting at the school's rink seems like I would not need ISO 1600 and still get to shoot wide open and high SS.

    Here is the link for the portraits that I did shoot and would like your opinion: I shot these with the 1Ds MII and 85 1.2 (Should have had a better backdrop IMO)

    http://www.rjgleason.com/gallery/thumbnails.php?album=7





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  • javacool2008
    09-17 12:41 PM
    I have the same problem. My application mailed to NE at July 13th. Now I am looking at a receipt on Sep. 7th. Funny I fax a letter to NE on Sep. 6th after the long wait. Then my application was transfered to Texas the very next day and issued a receipt notice on Sep. 7th.
    I am thinking the worker is trying to cover for his or her irresponsibility. Of course I have no prove of such, but the paper work never lies.

    Welcome to the America. DC is the way to go.



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  • Springflower
    04-15 03:56 PM
    Enjoy the flexibility and the freedom GC provides.





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  • Robert Kumar
    12-01 03:05 PM
    1) You can stay home even without any job, when you have EAD.

    2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.

    Chill out, you are good.

    I have one Question.
    How does it work, if I go to India to work for my company (same company which is into products development) for 6 months and then come back.
    Currently I am on H1B, and I also have EAD/AP. I am a July 07 filer.
    What will happen to my H1B in this absence when I'll not be paid in US, but as India office employee in India.
    And can I just come back using EAD/AP, do I need a new H1B approval again (current one expires Apr 2011)
    Will staying away from US create problems for my pending 485, or future EAD/AP approvals.



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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.





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  • varshadas
    11-08 12:25 PM
    I am not sure how you are seeing 14000 EB3 visa in totals. If you look at the table that says India, there are approx 8000 visas or so around Dec 02 for India alone. In addition, I believe the country quota is 7% and not 10% but I could be mistaken on that.

    Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.



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  • gc_on_demand
    09-09 11:46 AM
    I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.

    The downsides of this plan are:
    1. Economy is bad
    2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)

    Also, Software Developer does not fall under Job Zone 5 in ONET.

    Any help? Thanks for reading

    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..





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  • chanduv23
    03-08 08:48 PM
    Wow,

    at first glance it seems 245(i) is kicking in real hard.

    Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,

    Compare this with H1-B data and you'll see what I mean.

    Also EB-1 seems unusually high at ~37,000
    EB-1 is even higher than EB-2

    isn't that unusual?

    Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.

    It if definitely interesting to note that eb1 India has so much demand.



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  • eeezzz
    07-11 12:15 PM
    Your case is just like many others here. Does that worth you own thread?
    Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.





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  • smiledoc
    02-28 09:57 AM
    We got our FP in sept 07. Our attorney has advised that we file earlier to be on the safer side.

    I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).



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  • 485Mbe4001
    11-18 07:28 PM
    I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael





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  • karthikdurai
    02-01 09:00 PM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik



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  • bhagat69
    04-23 10:54 PM
    Only PD 2003 2004 for EB2's are getting approvals, what about EB3's ??





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  • immigration
    03-11 12:11 PM
    Hey! I am a practising dentist and I am on H1B.
    Q: Does she need a dental license to apply for H1 ?
    Ans:Yes a dental license is required for applying for a dentist position

    Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
    Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.

    Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.



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  • logiclife
    03-22 05:09 PM
    Numbers USA cares about total number of immigrants per year.

    If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.

    They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.

    --Jay.





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  • little_willy
    07-28 06:24 PM
    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
    You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864





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  • buptlsp
    09-19 09:49 PM
    Nope, it's from NSC
    Congrats Buddy.....Was your I140 approved from TSC?





    drak70
    10-01 11:05 AM
    USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
    =======
    PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
    NATURALIZATION SERVICE SYSTEM OF RECORDS:
    (Name of Attorney or Representative)
    THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
    =======

    Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you

    I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS

    I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS




    ============not a legal advice===========





    gcpradeep
    07-27 07:35 AM
    Part 6 , Processing Information On Page8 of I-765 Instructions states =>
    "Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."

    Notice that Interim EAD is for ASYLUM Applicants.



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