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  • gchetna
    09-08 07:12 PM
    When you change jobs after 485 Filing, is it necessary to change with an EAD or I can get an H1B transfer. I may get laid off, and EAD has not come yet and I don't have the time for EAD to come through. Can I transfer H1B while 485 is pending for less than 180 days without it affecting 485. I will make sure that job duties are similar and I am fairly certain that employer will not revoke I-140. My assumption if that I need to be working on H1B or EAD to maintain legal immigration status and there can't be any gap between the two employments.





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  • enggr
    03-17 03:52 AM
    My dear friends,
    I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "

    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar





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  • maximus777
    07-07 01:43 PM
    Not a fan of AZ law, but I'm delighted that it has pushed immigration issue to the forefront, forced federal govt's hand and jolted it out of its inaction. Many a battles will be won/lost over immigration in Nov 2010 elections.





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  • chanduv23
    07-10 08:10 AM
    Lot of people love him. They believe him, his expressions, his anger, he manages to get the fire out of people using his rants.

    If there is a media drive, I am sure other media will love to rape him and that may work against CNN and CNN will start watching things closely.

    This can be just a start but I think we must target this guy - I am sure he will start turning tables and flip flop ...

    Remember, America is all about law suits and every corporate makes itself immune from Lawsuit but youtube, google, internet and media is something they cannot immune themsleves from.



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  • Lisap
    08-22 04:26 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.



    You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?





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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • ddeka
    11-06 12:56 PM
    If your attorney filed your case, then:

    EAD is sent directly you
    FP is sent to you and your attorney
    AP is sent to your attorney.....

    All these are sent by USCIS via regular mail.....

    Your attorney might have sent the AP documents to you via DHL...

    No - It came to me directly from Texas Service Center. My Lawyer didn't even know - I informed them. All three EAD/AP/FP directly came to me except receipt notice which were sent to my Lawyer





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  • lordoftherings
    07-17 12:06 PM
    and how are you so sure that all EADs that will be entering the market are freshers. My wife (now on H4) already has 4 years exp in UK (psychology) before coming to US. I know a lot of H4s who have 7+ yrs exp (may not be very recent as they couldn't work on H4). So most of them may not be freshers but yes, competition is always healthy.

    lotr

    Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
    But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
    On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.



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  • 485InDreams
    09-19 03:19 PM
    I believe, This will create some pressure on Strive Act.....





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  • himu73
    10-01 08:04 PM
    Hello,
    My application was sent on July20th to NSC.
    Today I got a transfer notice saying application is transferred to Texas Service center. question
    1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
    2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
    3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?


    Thanks in advance



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  • coopheal
    05-30 11:52 AM
    Could someone put a good summary of this bill on wiki.
    http://immigrationvoice.org/wiki/index.php/S.1085





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  • GCBy3000
    05-22 04:06 PM
    Illegals will lobby hard now for discrimination against Z category and come up with amendment, not to allow employers to ask for their status. For sure they will get this one under the protection act of discrimination.

    Employers will not be allowed to asked the status. You are supposed to give your Z-plastic card after you accept the offer and the prospective employer accepts you. If he fires you since you are Z-class, then you are eligible to sue the employer for 1 mil $$. These are the amendments that will be passed along with this stuppp...d CIR.

    GO ILLEGALLLL is the message for everyone. By the way, dont forget to get your parents / sisters / grand father / etc just few days before this law passes. Throw the passport away and let them claim that they are here for the past few years.

    I was thinking how to get a high tec job with Z visa. Because you might need to tell the employer that you are on Z visa. Tech employer might be hesitent to give us job on Z visa.

    But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.



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  • Berkeleybee
    03-09 04:46 PM
    Report back
    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
    Bluekayal

    Great summary Bluekayal!

    A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]

    (1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.

    (2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.

    (3) Background checks
    (a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
    (b) FBI conducts a finger print check
    (c) FBI conducts a name check.

    So I don't know what she meant by FBI can do it. They already are.





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  • chanduv23
    06-20 02:53 PM
    If you can get employer verification letter stating that the position is still available for you and your salary, then file I485 yourself.

    G


    Maybe he should just make it up if he has the letterhead ??? U know whhat I mean



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  • BlueCard
    07-17 11:08 AM
    Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.

    How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?

    And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!

    :mad:





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  • aau
    08-22 01:40 PM
    NJIT

    Ya, this one is famous on the east coast for its 'Masters' degrees. The on-campus recruitment fair has representatives from every desi consultant co. within 1000 miles.:p



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  • vadicherla
    05-30 02:06 PM
    Voted





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  • jitnair
    08-05 09:50 PM
    But consider this: I just posted this in the approval thread:

    Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.

    Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.

    Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.

    This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.

    Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.

    May be writing to Ombudsman will help in this regard.





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  • gianik
    05-25 10:07 AM
    O.K. I know it's not the place for this discussion as we need to be optimistic and strong, instead of jumping the ship....
    However, after years of wait (which perhaps was not that long compared to many others) and after sobber look at how much longer this may take I start to wonder if it worth it? I am starting to take what used to be a plan B - moving to Canada - more seriously now.
    Does any one else have this thoughts or am I the only traitor?





    pray
    08-22 01:08 PM
    08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA

    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C
    Please stay tuned.

    Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.





    sbabunle
    01-31 11:01 AM
    The way to go USCIS....and the processing time
    is going to be 4 fold...take it immigrant prospectives!!:D :D :D



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