Friday, June 10, 2011

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  • GCwaitforever
    08-16 11:21 AM
    I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.

    Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.

    I hope this clarifies everything. I am not an attorney. Use the information at your own risk.




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  • Rockford
    07-17 02:29 PM
    OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.

    Thanks, but keep moving.

    I have seen some credible comments in the past. You are right , Greg is looking to IV for updates on this , so I would not expect any authoritative news from him either. This comment seemed more real in the light of new AILA comments.

    BTW , I like your signature :)




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  • shreekarthik
    08-08 11:43 AM
    Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.

    It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.

    For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.




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  • ganguteli
    06-12 09:52 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

    Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
    You should find another job asap.
    If you cannot, then leave the country. If you overstay you will be illegal.

    And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.


    Read this
    http://www.post-gazette.com/pg/08060/861421-85.stm
    1 in every 100 Americans in jail



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  • franklin
    02-08 04:03 PM
    Love to take the poll, but it is excluding all but a section of members - you take it for granted that this is an Indian only forum and organization




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  • piyu7444
    05-08 02:52 PM
    Thank you senk1s & gccovet. Have added some Green's to both of you !



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  • Bpositive
    01-03 01:23 PM
    I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..




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  • immi_seeker
    07-14 05:11 PM
    Talked to both L1 & L2 officers in uscis. They have no idea whether this is an error or not. All they can tell is that it is the adjudicating officers who decide on the extension period. They advised me to send back the original cards with a new application to fix the error. I talked to my attorney and we are not going to do that. We will send an application to extend this EAD card before it expires.



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  • bec
    12-05 11:51 AM
    http://www.cnn.com/2008/WORLD/asiapcf/12/05/india.threat.airport/index.html

    Its on CNN too - Indian airports on alert.

    Now, don't say don't post CNN news, its bull-shit and pro-republican.
    I'll post any news link I want, wherever I want.




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  • mbartosik
    05-30 01:25 PM
    I don't know if you can upgrade to premium processing, and I don't know if you are allowed to pay for premium rather than employer. But in your position I would try to do I140 premium processing.



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  • priderock
    06-25 02:42 PM
    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.




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  • gbof
    09-30 04:08 PM
    I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...

    I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.





    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgslm3hCMtT_i3yhxr8i7MkRsuNDCcZODxorw5kRsxzb6VI8QUizIeduYHT0zfjr71qLvdit36ffvXeHE03B8UHPvAld3yXQl2_03_e9lwMj3ZbGLx9EVKuErQxk-yj15XJ2V4Mo4sUXew/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgslm3hCMtT_i3yhxr8i7MkRsuNDCcZODxorw5kRsxzb6VI8QUizIeduYHT0zfjr71qLvdit36ffvXeHE03B8UHPvAld3yXQl2_03_e9lwMj3ZbGLx9EVKuErQxk-yj15XJ2V4Mo4sUXew/s1600-h/RFE+FROM+HELL.JPG)
    Dear Director Mayorkas:

    Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.

    First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!

    Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.

    Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?


    I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.


    You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.


    So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.



    With all sincerity, I wish you the best of luck in your new position.






    https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)



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  • eb3retro
    06-19 10:07 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.



    hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..




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  • Norristown
    04-13 02:12 PM
    I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
    Every time you go for H1 revalidation, you will be asked were you out of status any time.
    Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.



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  • mita
    08-05 06:17 AM
    My husband's I485 was approved yesterday but mine and my son's, no change.
    I got the magic mail today ---Card production ordered!!! Just for me.
    The status of my wife's I485 remains the same ---> Received and pending?

    Any one in similar situation?




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  • BharatPremi
    07-12 04:34 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.

    It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

    Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...



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  • rayen
    02-05 03:20 PM
    18003755283
    1
    2
    1
    receipt no
    1
    1
    3
    4

    Good luck

    Chris,

    Thanks a lot I will try to reach them now.

    Thanks, again.




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  • smartboy75
    07-09 01:59 PM
    USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

    Hope this helps.


    1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

    2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


    3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

    The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
    NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

    Thanks for clarifying....
    I mistook AP to be a re-entry permit....My bad....




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  • hopein07
    03-16 12:25 PM
    I think sertasheep put it right. For Indian MBBS, US trained docs the best options outside US are the middle east, Dubai in particular, and India. In India Appolo and Escorts hire foreign trained docs but remember India also does not recognize US PG degree so they cannot work in Govt hospitals but they can always open their own shop just on the basis of MBBS and boldly put US degree on the big board. India is truly the land of the free in this respect. You cannot even imagine doing this in US or any other developed country.

    But do not write off Canada just yet because there are still some jobs there for physicians and it's not as if US trained docs are not allowed at all. Canada is worth giving a shot but Australia, New Zealand, UK, etc. are all closed and dead options for a variety of reasons ranging from licensing process, immigration process, very few training positions, very scarce medical jobs, racism, discrimination etc. Middle East has it's own issues specially if you are not a Muslim although Dubai is quite modern and welcoming but kids will be influenced and politics there is also quite nauseating. That just leaves you with India and you already know the ins and outs of it.




    trueguy
    12-11 12:00 AM
    EB1 EB2 EB3
    India 5,327 14,819 3,576
    China 5,605 6,965 1,985
    All 36,593 70,138 42,848

    Total grobal EB (1 to 5) visa issued 163,037


    Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.




    chanduv23
    09-30 04:43 PM
    i just called USCIS to find out when i would be recieving the mail...a very nice lady told me that it is taking 30 days for us to get the mail. Even though they say they have mailed.

    She said one more thing which I am not sure how far I would beileve....she said:
    "It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."

    i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.

    I am not sure what to make of this.....


    She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe



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