Wednesday, June 8, 2011

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  • redgreen
    01-29 04:29 PM
    Can you please explain why E-verify is going to badly affect a legal employment based GC applicant? I was thinking that this is good for most 'legal' people.




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  • gc_chahiye
    07-11 08:03 PM
    What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

    They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

    Does that make sense.?

    I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).

    One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...




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  • hawkeye1
    11-14 06:09 PM
    If a labor is applied in EB3 category and later 140 is applied under eb2(bs+5 year experince and salary range). Will there be any complications after invoking AC21?

    Thanks!




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  • chanduv23
    05-13 12:35 PM
    Looks like - they keep pulling up your information using your A number and for some reason they may be relating to your EB2 i 140 even though you have an EB3 i 140.

    We have no clue what happens inside USCIS and how their record retention policy is.

    You must do the following

    (1) Write to Ombudsman - fill out form 7001 and attach all documents, proofs, and clearly explain the issue and hardships you are facing

    (2) Write to both your Senators

    (3) Write to your congressman

    (4) Write to IV also in detail about your case. Don't have to write any private details.



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  • shortchanged
    08-03 10:25 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
    It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
    Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
    Enjoy your weekend man...............




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  • desi3933
    02-26 12:07 PM
    Don't give advise, if you are not sure.
    Nobody can file AOS, if they are out of status.
    ....
    CONSULT A LAWYER.

    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.



    __________________
    Not a legal advice.



    more...

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  • thomachan72
    05-26 08:16 PM
    Has anybody tried booking an emergency apointment? I was checking that some time back when I wanted to go urgently and it says that it is for people wanting to visit US for urgent family matters and not for people who are currently in the US and visiting home country. Anybody has tried this (going from US to get visa stamped in India in an urgent situation?).




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  • apb
    09-14 08:52 PM
    Just got approval emails for both me and my spouse.

    Did you see any LUD prior to this email?



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  • vasired
    08-15 03:14 PM
    485 RD:6/29
    485 ND:7/25
    FP ND: 8/8
    FP Date:9/4




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  • cahaba
    06-25 02:32 PM
    Do we have an Alabama State Chapter. I tried to find the details but was not able to.



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  • sac-r-ten
    01-30 10:30 AM
    Sorry to hear about your cases. I can understand how the feeling would be right now. I had applied for my 1st H1B renewal and was just crossing my fingers and praying since i have a denied I-140 (Education issue, MTR opened for last 3 months).
    Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.

    BTW, TwinkleM, gr8 job in helping the fellow IVian.




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  • yabadaba
    09-26 05:21 PM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...


    this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.



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  • sk2006
    08-19 01:34 PM
    Intehan,
    Thanks.

    IV is great..

    There are a few suckers who gave me red dots for this post.
    This was my first post and I dont think I wrote anything offending.




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  • anilsal
    10-30 11:49 PM
    When there is a merger, there are no issues. I am presuming that when there are spin offs, there are no issues. Since you are working for atleast one of the original partners, you may show that it is a spin-off or a smaller firm out of the bigger firm or something like that. I am no attorney.

    Talk to a good one. If you are being offered atleast the wage that is described on your apps and your position has not changed, then maybe there are no issues.

    Get to an attorney at the earliest.



    more...

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  • yganreddy
    08-31 12:45 PM
    According to my knowledge you have 2 options
    1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
    2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94




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  • bbct
    02-01 03:13 PM
    Thanks for each on every one of you!

    some gave me red, its ok.

    I had a problem which I though of sharing, may be some one could provide some insight.

    It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.

    But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.


    Could you please share the city and apartment complex name so other people are aware and would be careful in moving?



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  • ajay
    02-23 12:05 PM
    Unseenguy,
    IMHO, it is always good to stick on what you have with until you find a suitable project and person to change your job to.
    It is not good to take hasty decisions at this time. Meanwhile try to spread your resume around the see the responses you get. Keep the faith.


    Good Luck.




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  • sanju
    01-26 02:12 PM
    Lonjourney,

    Any update, what did your lawyer say? What did you end up doing?




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  • meridiani.planum
    04-01 03:34 PM
    inline...
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.

    Can't I myself respond to the RFE?

    no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer




    somegchuh
    05-24 03:46 PM
    There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

    1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
    2. What happens if you have an 140 pending filed before May 21, 2007?
    3. What happens if you have an approved 140 and about to file 485?
    4. What happens if you are yet to file 140?
    5. With AC 21 gone will you be able to switch jobs using 485 portability?
    6. With AC 21 gone will you be able to join new employer based on H1 receipt?




    thomachan72
    05-12 09:53 AM
    Dear All,

    Could you please advise, if we can port eb3 to eb2.

    My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

    Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

    If yes, what should we be careful about and how should we go about it?

    Sincerely,
    Augustus

    In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
    How frustating this can be, right? :(



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