Sunday, June 26, 2011

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  • Vsach
    07-12 10:12 PM
    Dear All,

    If IV as a organization decides to file a law suite I shall contribute, decide the amount!

    Regards
    VSach:)




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  • GCBy3000
    09-15 03:49 PM
    Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.

    So I strongly doubt either house or senate to include any provisions related to legal immigrants at this point. Nobody wants to take a chance at this juncture of election period. From politicians point of view, it is better for them to maintain status quo now rather than including something which might create a huge noise later during the election period.

    So keep on talking about this. Nothing is going to happen till March 07. Even after march, we have to start with some new bills and start the work on educating the senators and others about legal immigration issues. At this point,I think we are back to square one and our hands are tied up till they decide to talk about legals.




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  • GotFreedom?
    07-30 10:49 PM
    The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.

    lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

    They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.




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  • jcseeker
    04-17 09:24 AM
    it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).

    Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.

    Thanks

    I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.

    It is not clear from the previous posts if this is a problem.

    Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.

    My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.



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  • stemcell
    03-07 06:38 PM
    Can you give more detalis?
    are you filing NIW as a physician?




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  • diptam
    06-10 07:41 PM
    I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?

    The reason i'm getting nuts for 140 approval because i can't safely switch to a EAD or get a Longer duration H1B ( 3 yrs after 140 approval). I'm in major Limbo with some other folks at NSC for last 13 months just for a EB3(140) - My friends got approval in 6-8 months from TSC or if its a EB2(140) at Nebraska.

    See my other post asking ideas to break this stalemate.

    http://immigrationvoice.org/forum/showthread.php?t=19534

    You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension



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  • copsmart
    06-16 09:07 AM
    bump!




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  • sidbee
    01-02 02:09 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??



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  • kurtz_wolfgang
    08-15 12:54 PM
    your description is pretty vague. please provide more details of the precise job description in the labor petition, and the occupational classification code in the application.

    Hello GCGreen,

    My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.

    Hope this information is ample for you to give me some advice.




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  • eldrick
    08-16 02:56 PM
    I'm scared now. The problem is as per the company's policy we're not allowed to contact the lawyer directly.

    I've read somewhere before that if you did not sign G-28 it means the receipt will go directly to you. But, I'm not sure.



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  • anishNewbie
    09-11 11:38 AM
    @vsuri , @prasadn, @eb2_mumbai

    Thanks guys for sharing your exp.. this is what i was talking about.. it gives me some confidence starting my GC...Any1 out there please share your experience on EB2 filed as MS + 0

    Could you guys tell me that ur advertisement/job requirements -- had any alternate education in it..like BS +5 as per the norm..

    If yes, then it would be gr8.. if u can have a look at ur LC/9089 form and let us all EB2 aspirants know that..what did you specify in your H section..at 4(as min requirements-- MS or BS +5) and what as alternate requirements(8-A,C)

    Did any of you guys, or any1 here had to prove Business Necessity when they filed EB2..

    Thank uuuuuu.....:D (P.S. looks like we are going to beat NZ todayy)




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  • bikram_das_in
    10-20 06:15 PM
    Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.



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  • kaisersose
    10-15 09:34 AM
    Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
    My friend is working in a medium company for 5 years after he got GC.
    Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
    Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
    here are examples...
    1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
    2) during discussion do not use any US slangs. Talk to them in simple english.
    3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
    4) know something about cricket. Indians love cricket game.

    The correct term is Offshoring.

    Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.

    Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.

    Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.




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  • ppt.b
    05-16 09:36 AM
    Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.

    EB3 as well because I know many i-485 fillers who have MS degree in US but due to some reason theirr employers filled their LC in EB3 category. So it will benefit all EB categories.

    Lets try our best to make it a success!!!!:)



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  • waitin_toolong
    07-18 07:03 PM
    what if for some reason you miss the flight or it gets canceled, give yourself some buffer time and save a lot of grief.

    Decide a few dollars is more important than getting I-485 on time or not.

    I have seen the same thing with B1 people, first they forget the rule is 180 days not six months then they book last day flight and are here beyond I-94 date.




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  • gceverywhere
    09-14 03:15 PM
    call the attorney who is working on your case and ask if it's a good idea to go...

    You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.



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  • anilsal
    10-12 12:52 AM
    If you apply too early, then if you get approved early, you lose out on overlapping days.

    If you apply and the EAD does not come in time, then you are off the payroll until the thing actually comes.

    Interim EAD is the immediate solution to this.




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  • petersebastian
    04-01 06:00 PM
    Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.

    And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.




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  • gc_75
    07-17 08:00 PM
    How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.

    For applying with Company B, you need to have fresh a PERM Labor approved from Company B.

    Hope this helps.

    I have a unique situation and I would really appreciate if someone can answer.

    My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

    Please help...:confused:




    mbartosik
    11-09 07:17 PM
    The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.

    If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.




    needhelp!
    03-09 03:12 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79

    (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
    22 CFR, Part 42, Sec 42.53
    Sec. 42. 53 Priority date of individual applicants.
    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.

    [WIKIfication needed]



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