Friday, June 10, 2011

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  • dummgelauft
    09-11 08:36 AM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo
    just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.





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  • gcseeker2002
    02-07 10:56 AM
    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
    Oh NO, if this happens then it will close the last door on many people.





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  • gyrog
    06-04 10:28 AM
    Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.





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  • 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.



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  • windsordesi
    04-23 12:32 AM
    I see no reason why you cant move to permanent offer.

    Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
    then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..





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  • Cataphract
    05-25 09:25 AM
    Sorry, I read the one in Washington post and I DONT think it is against us.


    Did you think it was for us then?



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  • psvk
    08-07 11:58 AM
    Thanks for the laugh though





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  • uma001
    11-16 04:57 PM
    Hi,

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    "SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,
    Raj..


    Is your green card filed under EB2 or EB3?



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  • txh1b
    08-18 09:32 AM
    Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.

    http://www.uscis.gov/files/form/I-765instr.pdf

    If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.





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  • zerozerozeven
    05-07 12:00 AM
    Time to get our voices heard

    http://www.time.com/time/politics/article/0,8599,1896482,00.html?cnn=yes

    The first tweet the White House Twittered was not about the weather. It had nothing to do with how the President was feeling, what he was doing or what he wanted for lunch. The First Dog, Bo, failed to receive even an oblique mention.


    Instead, the Obama Administration jumped with both feet into the 140-character Twitterverse on May 1 with a one-sentence post on how Americans can learn about swine flu directly by joining social networks with the Centers for Disease Control and Prevention (CDC). "We wanted to use these tools to some end, some effect, some public good," said Macon Phillips, the White House Director of New Media. (See the best social-networking applications.)

    So it has gone in the first few months of the Obama Administration. At the new President's urging and by his example, the entire Federal Government has bounded into the world of social-networking. Twenty-five agencies now have YouTube channels. The Library of Congress has begun posting thousands of free historical photos on Flickr. In the past week alone, about 30 agencies, including the White House, have joined Facebook.

    "The whole pondering process � Should we do it? Should we not do it? � has been truncated because the White House is doing it," says Theresa Nasif, director of the Federal Citizen Information Center, which helps coordinate Web outreach. "It's very exciting to be in government."

    The federal technology transformation remains very much a work in progress, with several agencies just beginning to grapple with allowing employees to even access social-networking sites. The White House communications team, for instance, is not able to access the government's Facebook postings and Twitter feeds, let alone those of reporters from the press corps, because of filters installed at the White House. (The White House New Media team, which posts on the networks from four old speech-writing rooms in the Eisenhower Executive Office Building, has been able to win an exemption from this policy.)

    Still, the Administration has already made great strides in opening up to technological innovation. On Jan. 21, his first full day in office, Obama signed an Executive Order calling for all departments and agencies to "establish a system of transparency, public participation and collaboration." At the same time, White House lawyers, working with other federal agencies, sought to create new "terms of use" agreements with private companies that would allow government to sign up for social networks like MySpace, YouTube and Facebook as if they were just another person. What was once the sole domain of adventuresome government agencies and officials soon became standard policy.

    At present, government lawyers have drafted agreements with 10 private social-networking companies. (The tailored agreements take into account certain federal privacy statutes and require that disputes be settled in federal court, not state courts.) Six other private-sector products, including iTunes, are being considered for further expansion, potentially clearing the way for easy iPod downloads of Obama Administration messages.

    At some agencies, like the White House, other considerations had to be taken into account. To comply with the Presidential Records Act, every Twitter and Facebook posting, for instance, generates an e-mail record that can be stored with other records. Citizen responses to the White House postings are also sampled and archived for the sake of history. On Monday, to coincide with the announcement of a crackdown on corporate overseas tax havens, the White House Twitter feed asked followers � who now number more than 40,000 � for their reaction. Jason Furman, deputy director of the White House National Economic Council, responded to three of the questions in a follow-up posting, which was linked to the White House blog. The questions, far from softballs, led to a discussion of the difference between statutory and effective tax rates, among other things. (See the 50 best websites of 2008.)

    Other areas of government have had success on a far greater scale. The CDC, which began experimenting with social media three years ago, has created a raft of YouTube videos, podcasts, webpage widgets and Twitter-size feeds to inform the public about the latest news on the H1N1 virus, also known as swine flu. Between April 22 and May 4, the CDC received 1.2 million views of flu-related material on YouTube and 46.6 million Web-page views, and attracted 99,000 followers on its Twitter feed "CDCemergency," which provides breaking updates on health issues. Janice Nall of the CDC's Center for Health Marketing says the agency is interested in employing any social media that people use. As for Twitter, she added, "It just happens to be sexy right now."

    Several agencies have been struggling to free themselves of bureaucratic restraints, like filtering software that bars employees from accessing social networks from work computers. In recent months, both the Department of Energy and the Department of Housing and Urban Development have opened up employee access to social-networking tools. The Defense Department has also been going online, with a new Air Force Twitter page and a Facebook page for General Ray Odierno, the U.S. commander of multinational forces in Iraq.

    Nonetheless, the entire project of making the government social-network-friendly remains in its infancy. As it stands, the government controls about 24,000 websites but is only beginning to utilize the social-networking sites on which citizens are spending an increasing amount of their time. Yet the historic bureaucratic resistance to adapting to new media has clearly begun to fade, says Bev Godwin, director of Online Resources and Interagency Development at the White House. "I think you will see a huge increase in use across the government of social-networking tools," she says.



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  • go_guy123
    07-14 09:51 AM
    easy way out :) mexico to san diego

    Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.





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  • Sugar
    07-10 11:53 AM
    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?



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  • seattleGC
    02-24 08:28 PM
    I totally agree. There has to be some way to differentiate else we will be stuck in another retrogression with a few millions people in line.



    Hi Guys,
    In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..

    From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..

    I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
    I request IV to incorporate this in their agenda.

    Cheers





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  • NKR
    09-07 08:52 PM
    Transferring cases saying that it is to speed up processing which essentially delays processing maing us wonder if it is a time buying tactic to cover inefficiecy.

    An application filed in August if not transferred to NSC would have had ND and RD as August, but now it has Oct. Rubbing salt on the wound NSC is processing 2006 and 2007 cases and not picking 2004 cases.



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  • jonty_11
    07-24 12:19 PM
    what abt ppl who are already contributing members...?
    Poll doesnt cover them





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  • leo2606
    09-15 08:10 PM
    Looks like you are lonely and lunatic, targeting the person trying to motivate people like you.

    Chandu keeps opening the threads and keeps talking to himself....he is so lonely.



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  • LostInGCProcess
    11-14 02:57 PM
    Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.

    Which center did you file your EAD?





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  • yogeshmanohar
    09-14 11:56 PM
    A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.





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  • plassey
    08-19 05:54 PM
    Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
    Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
    After all, these were not doing only for themselves but for every one else too.

    What a pitty! :mad:





    hibworker
    11-18 03:07 PM
    EB2, notice it says Sec. 203(b)(2) :)

    Here is more details from USCIS: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)



    Hi,

    Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.

    Notice Type : Premium Processing Receipt notice

    Amount Received : $ 1475.00
    Section : Mem of profession w/adv deg,or of exceptn'l ability
    Sec .203(b)(2)

    Can some one please helpme out in this regard.

    Thanks in Advance,
    Vavuvya.





    vali
    11-15 11:01 AM
    Vali:

    USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.

    When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.

    thank you very much, I understand now exactly what that means.
    thank you all for your time and patience.
    Good luck to all of you,
    Vali.



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