Friday, June 24, 2011

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  • pappu
    12-24 04:22 PM
    I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.

    3000 days might seem small when compared to a member's data whom I spoke with during the Sept Rally time. He has been here on a work visa since 1994 and unfortunately he had to start his greencard process several times. He was thankful that he finally got his I140 approved and filed I485 this year after such a long wait.

    He was calling members and asking them to join the rally as he truly values IV and the fact that due to IV he could file his I485. I was very impressed with his dedication for IV and also felt sorry that he and his family had to endure such a long wait.





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  • gc_dreamer_485
    10-13 11:45 AM
    Guys,
    Finally my problem and my questions are solved.
    I drove up to the Canadian Border near Niagara Falls (Buffalo), they Canaidan Border Officials took my I-94. I took a drive in canada for 10 minutes. I even stopped at spot to view the Niagara Falls from Canadian side and drove back into US. I was issued a new I-94 with out any additional interogation.
    What surprised me was my Canadian Visa expired on 09/01/2007 and i was still allowed to enter into Canada.
    Anyways Thank you guys for all your responses.
    I am kind of relieved related to my issue related to I-94.
    GC_DREAMER_485





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  • raydhan
    06-16 02:58 PM
    eb3_nepa,
    One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.

    thanks
    sri

    Nobody from IV has prevented people from other countries from speaking up. On the contrary, multinationalism is only encouraged to give a global face to this issue. But, I don't see anyone from outside India/China bolstering IV's efforts. Why don't they step up and join the core team?





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  • lazycis
    12-15 09:33 PM
    Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1),...

    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):



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  • matreen
    08-05 06:49 AM
    IAF - You mean you files your eb2 case with three year degree?

    When did you file? did you labor approved?

    could you give me an example, how you changed your role and responsibilities for eb2?

    If your eb2 gets denied, hope you have eb3 keep running as it is right?

    Did you file your eb2 with same employer who filed your eb3?

    Thanks in advance for your answers.

    Thanks,
    Matt.

    Just go far it.

    I am in Q and let the form know when it is through.





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  • wandmaker
    07-15 05:18 PM
    Look at the text on the service center status page!
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp

    It says Invalid Processing Dates!

    Here is the right URL - https://egov.uscis.gov/cris/jsps/ptimes.jsp



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  • smuggymba
    08-16 09:15 AM
    Can we post a question now or only after 8:30PM Thursday?





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  • ilwaiting
    02-15 07:50 AM
    Very funny, lol

    I think Pres Bush is asking the same question.....Seems like you guys have something in common :D



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  • ajju
    08-29 03:56 PM
    And Code 1 means red alert uh

    Code 1 = if you applied EAD only (Index Fingers + Photo)
    Code 2 = if you applied I-485 only (All Fingers only - FBI Name Check)
    Code 3 = if you applied I=485 + EAD

    I may have code 1 & 2 reversed :-) But thats the overall concept...





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  • LONGGCQUE
    06-22 12:04 PM
    ^^^ bump ^^^



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  • styrum
    05-30 07:41 PM
    way to go... What optimism!!!

    Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
    I am optimistic. I have a US Masters in Physics and have worked for 5 years here. The F4 grandfathering is my big hope. I just explained "why"...





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  • manderson
    12-03 03:44 PM
    better ask a lawyer if its okay to take 2nd job on EAD but file for AC21 after Feb 08.

    good luck

    Gurus,

    Here is my situation:
    I-140 approved - PD: May '06
    I-485 filed - July 30 '07 (India)
    EAD cards - Received
    APs - Received

    Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.

    I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!



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  • Munna Bhai
    12-18 03:22 PM
    Very good point. It's not worth the hassle to take a chance unless it's absolutely necessary.

    come on..once the rule is written it is written..so don't worry much neither press too much panic button. the receipt date is marked on I-485 and it is easy to prove it..so don't worry much..





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  • Leo07
    07-09 04:55 PM
    Actually, Paul can answer only in binary. So, we must frame the question accordingly:) ( Pick one box or the other )
    we should ask him when EB3 India will get current? He will stop eating after that. :)



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  • rajenk
    03-24 07:04 PM
    I also did switch job back in July 08. Immediately after the switch the new company had sent all documents necessary for AC21 with the help of their lawyer. USCIS have reviewed my application in October and in February for pre-adjudication. How I am sure about that is because in Feb my wife got an RFE for Medical and mine was fine. Unless the primary is fine they will not touch dependent.

    So here is what you should do.

    1. Contact your current company lawyers.
    2. Educate them what AC21 is, I guess there was an updated AC21 Memo in May 08. My lawyer included the whole memo highlighting the clause under which I am eligible to switch job (Same or similar , I was a Senior Software Engineer, now I am Software Engineer IV, each company has its own classification).

    3. Submit EVL (Employment Verification Letter) from your current employer.

    4. Submit a letter explaining your eligibility for AC21.

    *****Very important******

    5. Submit a G28 (Change of representation) for you and all your dependents. Along with that submit the AC21 documents only then the AC21 documents will reach your file. The same is recommended by attorney Murthy.

    *****Very important******

    <EDIT>

    Forgot your RFE in the first submission. You can include all of these as a RFE response.

    </EDIT>


    You should be all fine then. In my experience and what people had seen it is best to report it.

    Good luck.:)





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  • rongha_2000
    05-13 06:01 PM
    Thanks, But how would I know the case number? Because it was filed by my company and I dont have any clue.

    Also do you think there is any value in at least getting total number of LCs certified, by date and then basing our assumptions by proportioning how much each category is retrogressed? If we can actually get the real number and then making certain assumptions might still be more realistic than now when we dont know anything about how many LCs are in the queue. We might as well assume that those whose prority date is on or earlier than the certified date are approved (even if they are not) because they should be getting approved in a few months time. Especially EB3-I as I dont see rampant jumps in the priority date, you know what I mean?

    To answer your questions.. I could narrow the search down by case number as well as Employer name. That should hopefully pinpoint your case. The SOC code is the one you use to ensure same or similar per AC21. You can get the descriptions from the SOC classifications. Just Google SOC job Classification and you should get it.

    I had done some analysis as you suggest for EB3 India a while back, but was hampered by the fact that there is no information on country of chargeability for pre-perm cases.



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  • nixstor
    02-08 08:31 PM
    The cynic in me believes that everyone thinks it is just a matter of time before it becomes current or there is significant movements in dates. This is dead wrong.

    Very true. I was talking with a guy last week end and he is very much elder to me. During our conversation he told me that he is waiting for his PD to become current and my minds were blown away when he said "Presidential elections are coming up and people will get GC's" . He summed it up as Politicians doing favors during election period (like in India). O M G!





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  • kumhyd2
    08-16 06:27 PM
    It is known that many employers and their attorneys do not provide their employees with the 485 receipt number. To avoid unnecessary trauma and strain on the employer-employee relationship, we should request USCIS to send a copy to the applicant whether 485 was filed with or without G28.

    There are some places, where employee is kept out of the loop and is being exploited. USCIS is the only body which can help in this. It should send copies of all the transactions it makes with either attorney or the employer. that way the employer/ attorney doesn't get a chance to exploit the employee.





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  • dineshksharma
    07-14 03:57 PM
    Can you explain in detail what your experience was and what did you get (H1 or J1)?

    While I was looking for residency, one senior doctor told me that I should wait and get H1. At that time, I was so interested in getting residency at the earliest that I did not take his advice and instead got J1. It was only towards the end of my training that I realized that to get a waiver is so difficult, in my speciality branch. i had to get O1 visa first to buy time to look for J1, which I finally did in a remote western town.
    Now it may be easier, since many VA hospitals are hiring for J1 conversion, which was not so at my time.
    Again, if possible, try for H1.





    sw33t
    05-01 11:51 AM
    Can someone check to see if this is still the case?

    Thanks





    payur
    07-11 07:55 AM
    Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )

    Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor

    Thanks for the info. Mine is already filed FYI. I am trying to help my friends you missed the boat due to Attorney's inefficiency to file it at the right time and employers greed.



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