Michael chertoff
08-07 04:03 PM
so far two..
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ArunAntonio
08-27 05:33 PM
Cant make it to the DC rally?
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
roseball
02-18 03:25 PM
Thanks, Elaine!
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
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gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
more...
gc_on_demand
09-19 11:24 AM
If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?
bestin
08-03 09:57 PM
fyi... not sure what this meant...
-----------------------------------------------------------------------------
August 3, 2010
Dear XYZ,
Thank you for contacting me about changing H-1B and L-1 immigration policy. I understand your concerns.
As you may know, Senator Richard Durbin (D-Illinois) introduced the H-1B and L-1 Visa Reform Act (S.887) on April 23, 2009. This legislation would change current immigration laws to limit the number of special occupation and intra-company transfer workers permitted to receive United States visas. It would also increase the oversight of H-1B and L-1 visa holders to reduce fraud and abuses in the system. This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Should this or related legislation come before me for a vote, I will keep your views in mind.
Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.
Sincerely,
United States Senator
I received the same email too.What a pity.....
-----------------------------------------------------------------------------
August 3, 2010
Dear XYZ,
Thank you for contacting me about changing H-1B and L-1 immigration policy. I understand your concerns.
As you may know, Senator Richard Durbin (D-Illinois) introduced the H-1B and L-1 Visa Reform Act (S.887) on April 23, 2009. This legislation would change current immigration laws to limit the number of special occupation and intra-company transfer workers permitted to receive United States visas. It would also increase the oversight of H-1B and L-1 visa holders to reduce fraud and abuses in the system. This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Should this or related legislation come before me for a vote, I will keep your views in mind.
Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.
Sincerely,
United States Senator
I received the same email too.What a pity.....
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immihelp1
10-12 09:57 AM
you can show either passport or driving licence. They won't ask anything in specific.
It's your call
Thanks,
It's your call
Thanks,
2010 Plus the hours you get to
satyasaich
06-10 04:26 PM
I applied for EAD renewal for my spouse. Earlier also i did renewal myself , but online.
This time however i applied manually but forgot to send both front & back of EAD. Instead i just sent front side only. Check was clearly written, photos with A#, Copy of 485 (both sides)
May be a silly question, will it be any issue?
Copy of 485 receipt
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
This time however i applied manually but forgot to send both front & back of EAD. Instead i just sent front side only. Check was clearly written, photos with A#, Copy of 485 (both sides)
May be a silly question, will it be any issue?
Copy of 485 receipt
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
more...
svn
04-07 07:06 PM
After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
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mambarg
08-03 04:32 PM
This is exactly what everyone is doing.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
more...
regacct
09-07 08:34 AM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Do you have a valid AP?
If not, how is it possible to enter the country?
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Do you have a valid AP?
If not, how is it possible to enter the country?
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kondur_007
08-16 06:29 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
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Lost
04-13 09:12 PM
Yea you are so right Yeld. I just picked up one from a clan on Rainbow Six 3. (their in first place, lol) So i can build a portfolio based on that.
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bfadlia
03-17 02:00 PM
I recommend http://www.usavisanow.com/
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08-29 12:54 PM
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file485
12-06 11:16 AM
Hello ..
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
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H1bslave
10-23 01:36 PM
Please check you PM.
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pappu
04-30 12:17 PM
I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.
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gg_ny
09-18 06:33 PM
If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
gcisadawg
01-09 11:44 AM
marty,
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
dil_ip3
02-25 10:57 AM
My wife wants to move from h1b to h4 status.
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
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