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  • hopefulgc
    09-12 12:45 PM
    Lets start IV wiki then....
    and people here who are going through the process can contribute to it first hand.... coupled with moderation from admins.

    What say IVians?




    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html





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  • STAmisha
    11-16 09:44 AM
    janakp

    I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.





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  • vnsriv
    08-31 12:58 PM
    http://immigrationvoice.org/forum/showthread.php?t=5706&page=2





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  • rockstart
    02-20 07:18 PM
    Unfortunately with banks looking closely at the lending practices people with temp visa's are suffering. I had the same experience when I went with my friend to Nissan dealership; The loan was only approved till validity of I 797.



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  • confu
    12-04 02:25 PM
    Noticed this article today. Thought some of us would love to roll your eyes over it.

    http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms



    :):):)





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  • bp333
    09-25 04:41 PM
    http://www.cnn.com/2009/POLITICS/09/25/navarrette.obama.immigration/index.html

    By Ruben Navarrette Jr.
    Special to CNN

    Editor's note: Ruben Navarrette Jr. is a nationally syndicated columnist and a regular contributor to CNN.com. Read his column here.


    Ruben Navarrette Jr. asks why the nation's chief multitasker can't take time for immigration reform.

    SAN DIEGO, California (CNN) -- President Obama has placed the immigration reform community at the back of the bus.

    This same president who insists the country can't wait to fix what he calls a broken health care system tells reformers to wait for him to get around to fixing what they consider to be an equally broken immigration system.

    The same president who tried to juggle a half dozen major policy initiatives in his first few months in office now seems unsure of his ability to -- as he told Univision's Jorge Ramos in an interview last weekend -- "solve every problem at once."

    And the same president who seems to understand that the longer he waits to accomplish health care reform, the more difficult it will be to get, doesn't seem to understand the same is true with immigration reform.

    The political math for both kinds of reform only gets more difficult if Democrats lose seats in the House and Senate in next year's midterm elections, as is expected to happen.

    During a recent speech to a black-tie gala for the Congressional Hispanic Caucus, Obama again promised action on immigration -- at some point. But he didn't give a timetable.

    Obama and his advisers decided to attack health care reform before immigration reform. That obviously was a mistake.


    'Latino in America'
    The Latino population is set to nearly triple by 2050. This October, Soledad O'Brien journeys into the homes and hearts of a group destined to change the U.S. Witness the evolution of a country as Latinos change America and America changes Latinos.
    October 21 & 22, 9 p.m. ET

    see full schedule �
    One thing that has thrown a wrench into the prospects for health care reform is the Joe Wilsonian concern that illegal immigrants might get free health care as a result of the reform process. Had that issue been addressed beforehand by giving illegal immigrants a path to earned legalization, that controversy might have been defused. Now Obama might walk away with nothing.

    Be that as it may, it's clear that immigration reform just isn't a top priority for this administration.

    The White House may view this as a niche issue, one with limited impact on any group other than Latinos. If so, that shows how little they know.

    Business groups, law enforcement, border security advocates, organized labor, high-tech firms, university educators and others are all clamoring for immigration reform. For the record, Latinos care about the same issues the president seems to care about -- the economy, education and health care. But they also care about immigration because they see it as a test of political courage.

    They're well-aware of the resistance out there to giving illegal immigrants a path to earned legalization, and so they're drawn to elected officials who are willing to brave those winds in order to do the right thing.

    Does that include Obama? At this point, who knows? Time flies when a president is stalling.

    It was just several months ago that White House officials were promising that Obama would address immigration reform before the end of the year. Now that timeline seems to have been pushed back to the beginning of 2010. And with midterm elections next November, we can expect Congress to invest -- at most -- five or six months on this issue.

    Don't Miss
    Commentary: Our culture of rudeness
    Commentary: Why the shock over Joe Wilson?
    In Depth: Latino in America
    In Depth: Commentaries
    For all intents and purposes, the curtain closes when Congress adjourns for summer recess next year, since members will spend most of the fall campaigning for re-election.

    Given all that, immigration reform could easily lapse into Obama's second term, if there is a second term. For now, the president's reluctance to approach the issue in a meaningful way that goes beyond assurances to advocacy groups and promises to Hispanic audiences seems to be prompting members of Congress to take the reins.

    Both Sen. Chuck Schumer, D-New York, and Rep. Luis Gutierrez, D-Illinois, have promised to unveil immigration reform proposals in the coming weeks.

    Schumer is already behind schedule, since he said he would come up with something by Labor Day. Still, this is all a notable departure from what happened under President Bush, where it was the White House that tried to lead Congress toward immigration reform.

    Now it's the other way around. Call that what you want. But it's not leadership on an issue that demands nothing less.

    The opinions expressed in this commentary are solely those of Ruben Navarrette Jr.



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  • needhelpASAP
    04-26 01:07 PM
    Thanks so much for the responses.

    I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.

    "As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."

    Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?

    Thanks again.





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  • abandookwala63
    03-19 01:16 PM
    I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks



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  • gcnirvana
    05-02 05:59 PM
    Also, Core Team might be travelling a lot to DC and other places this month. So it might help if you could donate your airline and/or hotel miles, that you may have.

    I can transfer some of my Marriott / Hilton points that I have to the Core Team members.

    Please let me know. Thanks!





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  • honeyB
    01-23 02:23 PM
    Hi,
    How can we findout whether we got soft luds or not?



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  • rajuseattle
    08-14 05:31 PM
    raminmd,

    dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.

    He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.

    Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.

    Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.


    Hope this helps you.





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  • vallabhu
    07-30 05:30 PM
    this spring�s defunct immigration bill partially replaced with a skills-based system.

    This statement is confusing between SKILL BILL and Point based system bill.

    I cannot make which one he has in mind for us, can you guys comment.



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  • akela
    03-11 05:39 AM
    Guys,
    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

    Thanks,
    akela

    Thanks in advance,
    Akela
    Did my lawyer blunder or I am ok?

    Thanks in advance,
    Akela





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  • insbaby
    08-10 12:10 PM
    Just because the PD is before 2005, doesn't mean the job needs masters degree. The job responsibilities will remain the same. The person doing the job would have acquired the necessary experience to carry out a job that falls in EB2.

    Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
    ----
    EB3I - May 2006
    Contributed 100$

    Sorry, I did not phrase it properly. Apologize.

    The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.



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  • EB3_SEP04
    07-16 04:40 PM
    No it is the same company

    First of all congrats!

    My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

    http://www.onetcodeconnector.org/ccreport/15-1021.00

    The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

    Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).





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  • santosh_3000
    07-18 12:11 PM
    Hi,
    I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

    Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

    I need your valuable suggestions to make my decision, my questions are:

    1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


    2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

    3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

    5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

    Many Thanks in Advance!!



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  • kprgroup
    07-22 02:35 PM
    Thank you so much for a detailed reply.I really appreciate your time to write this. I don't have I-140 approval notice but have a copy of online 140 case status page showing it's approved.. Did use this during my MTR.

    I did renew my EAD & AP May24th and AP approved and EAD still under initial review.Hopefully I will get it soon.

    One more question.In case of H1B extension denial, has any effort on my pending 485?

    Again thanks a lot for your valuable input.

    KPR





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  • hibworker
    03-15 01:16 PM
    EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

    Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

    What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

    Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.





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  • singhsa3
    07-18 09:47 AM
    Guys,
    Can any one explain his comments,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?





    rrk
    03-18 10:58 AM
    Hi,

    I have my work visa H1B with comapy ABC. I didnot work for them. Now Company XYZ is offering me a job and is ready to apply for H1B transfer. To do so I need atleast 2 pay stubs. I also have my EAD valid till Nov. So what is the best thing to do.





    leo2606
    09-15 08:07 PM
    andy_8214,

    You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.

    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"



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