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  • ufo2002
    09-01 06:02 PM
    The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
    Why bother with paperwork, wave some hands and declare all of them legal.




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  • boreal
    08-24 06:38 PM
    Quick point:

    I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.

    Thanks,
    BKarnik
    wow .. 483 posts! Way to go!




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  • YesGC_NoGC
    06-19 07:31 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.




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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!



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  • msp1976
    10-16 10:14 AM
    What are you saying? Health Services dismal? I thought it was better than US in many aspects. The cost is cheap for treatment (unless you have some uncommon disease. Since the system is churning up so many doctors, there is a lot of competition. Even in small villages you will find many doctors competing for patients. Maybe that is not true for everywhere, but that is what I have seen in my home state Haryana.

    Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO

    You can get reasonable education and health care in India if you are in the top 10% income range. You can get reasonable eduction and health care in US if you are in the top 50% income rage. That is the main difference...




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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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  • wellwishergc
    04-10 07:01 PM
    I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.

    Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.

    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • nixstor
    08-23 10:26 PM
    I was thinking that BEC's have 300K odd cases. Are you sure its only 180K?



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  • neelu
    01-02 01:04 PM
    Hi everyone,

    I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )

    I intend to travel abroad in february 2007 to be back in the US by march 2007.
    I have a few questions in this regard:

    1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?

    2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?

    3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?

    I would greatly appreciate if you can respond to my questions.

    Thank you very much in advance.




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  • DDLMODES
    10-09 06:35 PM
    Hello guys,
    I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.

    I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
    I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?

    I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.

    Please help !

    :(:(:(:(



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  • angelfire76
    12-07 05:21 PM
    Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

    However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

    Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
    Just a thought.




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  • ameryki
    03-17 04:38 PM
    also to consider is EAD renewal. if your EAD renewal does not come through in time you can get in to all kinds of mess. I know of someone that had to leave their job sit at home and then get hired back once Ead came through.



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  • prem_goel
    02-04 04:12 PM
    Attorney's please advise. My sister has an active job offer where we would like to explore this opportunity if any of you can help us in handling it. I need to know if this is possible under the law and if you can help us? Please reply and I'll contact your office.


    Much thanks in advance.




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  • andy garcia
    08-23 02:57 PM
    How many visas are there for India in a year in EB3, EB2 and EB1?


    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html



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  • enver
    06-13 04:00 PM
    Im from Turkey.




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  • NKR
    10-13 03:18 PM
    I have ALWAYS gone in T-shirt and Jeans and never had a problem. They dont really care about your appearance, although it is a good idea to dress decently.Go in a Halloween costume. Am just kidding, any decent looking dress would be fine..



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  • immi_seeker
    09-13 01:22 PM
    What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people

    why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
    1. Capture lost Visa numbers
    2. Get rid of country quota.. how does this country based quota makes sense in EB Category??


    Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).




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  • girishvar
    09-17 07:25 PM
    Being a consular processing 6 months is a goog time. If you are already working for your existing employer for more than 6 months, even on H1 then you can take a risk. Basically you need to prove an intent. No body expects anyone needs to be a slave to any employer.




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  • LostInGCProcess
    09-04 11:07 AM
    I beg to disagree on this thought: If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
    I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.




    immi_2006
    08-07 10:32 AM
    You need to realize that 485 is a separate application when you file for yourself or your wife. So all the documents mentioned in 485 imply to your wife application too. Few changes need to be taken care
    1.If 140 is pending or approved in texas your wife application should go to texas
    2. If 140 pending attached the labor approved copy.
    3. Employment copy instead of original.

    Hope this helps




    mrdelhiite
    08-07 10:57 AM
    Though its not mentioned it is good file I-134. You are not eligible for I-864.

    Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->

    Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.


    Thanks a ton for your help guys. :-)
    -M



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