Sunday, September 18, 2011

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  • sundarpn
    01-08 06:27 PM
    Just FYI.
    Back Feb 08, before going to chennai, I email the US consulate a nogales, Mexico and they did respond that mine was present in the PIMS system. (This might have changed, I don't know)

    Later I heard that they were doing it only if one had actually booked an appointment at that consulate. (which can always be done and then cancel, I hard was cheaper to book appointment at US consulates in mex).





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  • xbohdpukc
    08-26 08:58 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

    then just sit tight and wait. and keep your money from those crooked "educators"





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  • smisachu
    12-13 03:59 PM
    Another thing is whay do you want to get into EB2???:confused::confused:
    Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:

    Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.


    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?





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  • mysticblue
    08-17 11:33 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

    Thanks. That helped a lot !



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  • gaurav_sh2
    07-20 07:47 AM
    I agree to maverick. I have PD of feb 08 in EB2. I was having a permenent job but I decided to move back. The main points were uncentainity in GC process. Took a leads Job in worlds largest mutual fund company at bangalore as DBA.
    Thing are working out great, since I can do what ever I want without worrying about any paprework.

    All though I am really flustreted with bangalore traffic but you have to deal with it..





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  • lostinbeta
    10-03 01:33 PM
    Well then for all you know, your equation could equal less than mine :evil:



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  • neema
    11-29 04:48 PM
    I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.

    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

    What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

    It is not possible to get the stamping on company "B" if you have H1 from company "A".



    You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.





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  • puskeygadha
    07-17 09:11 AM
    has there been any update from fragemon



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  • chanduv23
    10-09 11:57 AM
    I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.

    U are a very dedicated IV member. Do stay active as much as possible.

    Someone, please help fromnaija build this chapter.





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  • pranavgandhi
    07-16 12:59 PM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.

    Is there offered salary criteria associated with this category?



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  • saketkapur
    02-07 10:53 AM
    link??





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  • ash0210
    08-16 09:36 AM
    US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..

    On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...

    All of our family were tense...so take care of AP date format...



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  • monikainusa
    03-22 09:14 AM
    senior members please advise..I am like helpless and really scared..





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  • sreedhar
    09-07 09:01 AM
    Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree



    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    -Sree



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  • panks
    04-02 12:07 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.





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  • eb3_nepa
    07-20 04:40 PM
    bump



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  • jsb
    01-23 11:17 AM
    .... If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283. ...


    Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.

    True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.





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  • avi
    01-10 09:00 PM
    Me (and two of my colleagues are) in the same boat!
    July first week filer -
    Receitps /EAD/AP received for both me and my wife
    No FP for either of us .. same is the case with the others





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  • go_guy123
    01-11 09:47 AM
    The second part also sounds pretty reasonable to me:


    This PAV would be issued upon successful completion of an application process that would involve the following:

    1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
    2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
    3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
    4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
    5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.

    The Permanent Administrative Visa would carry with it the following authorizations:

    1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
    2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;

    The Permanent Administrative Visa would carry with it the following prohibitions:

    1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
    2. Holding an PAV would not imply any safe harbor for applicant's family members;
    3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
    4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.

    A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:

    1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
    2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.





    This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.





    NO_Free_Rider
    08-29 08:25 PM
    That's interesting! Could you please point me to a location where it says?

    Thanks
    This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.





    stirfries
    12-02 01:27 PM
    Thanks SS777 !!!

    I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !

    But at the same time, I wouldn't want to sit idle, just hoping !!! :)

    I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!

    Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...

    The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.

    Cancelling my Tickets is the last option that I have in my mind !!!

    The things that we have to go through to get a GC !!!! :)

    My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".

    At least, now I don't have to think about postponing my Tickets !!!

    Hope it works out for all you folks !!!

    Good Luck !!!

    Thanks,



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