Wednesday, June 22, 2011

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  • chanduv23
    03-30 10:59 AM
    I dont know about 485, but if you are filing under EB3, you do need letters that add up at least 2 years of experience during the labor stage.

    For EB2, I dont know. EB2 folks can clarify if experience letters are needed or not.
    Yes, my lawyer did not start the process until she recieved "Current experience letters" meaning, the letters must be sought now even though you got them earlier, they want us to get letters once again. I wetn through real pain in getting all letters again, but it is required for Eb2.





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  • Bingy81
    03-13 08:46 PM
    will update my profile





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  • extra_mint
    06-24 06:23 PM
    Since CIR has started doing early rounds in Washington. I think it is time that IV channel their efforts on things that were not in last CIR.

    All that are listed below were there in CIR last time except "Removal of country limit in EB Category" instead the change was to increase per country limit from 7% to 10%.

    10 % will be of no good. There will be a sudden downpour of visa numbers many will get cleared but in the longer run this 10% limit will continue to haunt people from China, India and may be others.


    Plain simple thing for EB Category should be
    1. Capturing unused visas.
    2. Not counting dependents in the annual limit
    3. Increase in annual limit from 140 K to 280 K (may be more)
    4. Removal of country quota...simple FIFO should be followed irrespective of country. Diversity should be used in lottery not in EB


    Plus if possible one should bargain for citizenship for people who have been patiently waiting in line.




    Hopefully, recapture of unused visas, increase of GC quota for EB category, maybe STEM US masters GC exemption, removal of country limit, removal of GC Lottery and using that for the EB categories etc etc etc.

    No CIR will pass without provision for Legal immigrants, as thats been tied up and will be used as a leverage and a bargaining tool





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  • voldemar
    07-02 05:21 PM
    We sent it on June 8 07.
    USCIS updated case saying that they recieved it on June 12th 07.
    It seems I missed the bus this time. Our response was received on 06/27 and then there were LUD on 06/28, 06/29, 06/30 and even today.



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  • mrsr
    06-27 10:14 PM
    Nebraska Service Center

    850 S Street

    P.O. Box (what is the PO box for I485 petitions)

    Lincoln, NE 68508

    I guess the above address is if you are using FEDEX or UPS kind of private operators right?





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  • idark
    04-09 03:14 PM
    Half dog gets my vote :)



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  • hopelessGC
    07-16 04:36 PM
    You can apply for a tourist visa so that you can stay in some sort of legal status. But you cannot work while on a tourist visa. Then you have 6 months to sort things out and see if something works out.

    I know someone who did this that is why I am suggesting. But please consult your lawyer prior to this.

    The cons of this are that you are burning through your savings to support yourself and might have to face disappointment towards the end of the tourist visa.





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  • lfadgyas
    11-09 08:55 AM
    EAD/PA renewal - sent all the stuff in June9 - EAD card approval on July21, card received on July30. But: some folks had serious problems with this ... - as far as I know you can file 120 days before the exp date on your card; there is some "official" time out there showing that the average processing time is around 90 days or so. Most of the folks have it in a 30-60 day period but again!! - if you have no valid EAD you can not work!

    You do not need to report anything right now. Find a job first.
    Then consider reporting the job change if you want to (Again just a Note: - there are no solid guidelines for this - some say be honest and notify them about it - others are saying why you want to wake up the sleeping lion...)
    I reported it, but not right away -I was already working for my new employer for a year... I/my attorney used that email notification system I guess- so far works only for the Texas service center - got a notice that it could take 90 + days for them to say anything. That was about 180 days ago... :D.

    Also - this is what I did/is my opinion - does not mean that this applies to you 100%. If you have concerns etc - go to a immigration attorney and ask for help.



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  • tdasara
    05-12 04:31 PM
    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    (2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--

    (A) pending on the date of the enactment of this Act; or

    (B) filed on or after such date of enactment.

    (b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

    (1) in subclause (I), by striking `or' at the end;

    (2) in subclause (II), by striking the period at the end and inserting `; or'; and

    (3) by adding at the end the following:

    `(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.

    (c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--

    (1) in paragraph (1)--

    (A) by striking `(beginning with fiscal year 1992)'; and

    (B) in subparagraph (A)--

    (i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and

    (ii) by adding after clause (vii) the following:

    `(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and

    `(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';

    (2) in paragraph (5)--

    (A) in subparagraph (B), by striking `or' at the end;

    (B) in subparagraph (C), by striking the period at the end and inserting `; or'; and

    (C) by adding at the end the following:

    `(D) has earned an advanced degree in science, technology, engineering, or math.';

    (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and

    (4) by inserting after paragraph (8) the following:

    `(9) If the numerical limitation in paragraph (1)(A)--

    `(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or

    `(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.

    (d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--

    (1) pending on the date of the enactment of this Act; or

    (2) filed on or after such date of enactment.





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  • pandu_hawaldar
    06-03 11:33 AM
    I should have atleast one attorney representing me, as my old attorney has not yet revoked their involvement (as far as I know) and my new attorney has already filed G-28 and AC-21 before a month.

    The question here was how would we know that the USCIS has my new attorney in their file, but I guess the only option to know this is by getting an appointment (infopass).

    Actually, yesterday I called uscis and they told me that your attorney needs to call for that, so not quite sure if I can request my attorney to do so, until we wait for bit more time.



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  • w3313
    04-25 04:54 PM
    Is the 200,000 only for NSC or is it NSC+TSC?

    As I said the IO was from NSC so I am assuming that this is just NSC, if we look at the total numbers we have to assume that 200 thousands are at NSC





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  • GCwaitforever
    06-28 07:56 PM
    If your GC sponsor is company A, and you have been working for the company while GC at I-485 stage is going on beyond six months, I guess you could use AC21 provisions.

    The other scenario where employee works for company B on H-1B and company A is the GC sponsor, not joining the company A or trying to invoke AC21 provisions shows malafide, and the GC sponsor probably would be seen as a shell company (a la Nick Mandalapa) that is in business to give away GCs without a real permanent job offer.

    But again, who can argue with USCIS? Having sacrificed so much time on GC, waiting for additional six months should not hurt.



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  • laborlabor
    02-08 08:15 PM
    Please keep up these great spirits... I will be sure to socialize this among my friends.
    thanks a million for doing this.





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  • dpp
    05-16 12:44 PM
    Hi hibscr,
    Could you post details of the documents that you had sent?
    My passport expires in Aug 2008. Can I apply for renewal now itself?

    Thanks!


    Not right now. You can apply one year before of expiration.



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  • talash
    10-27 11:47 AM
    My 140 and 485 got denies simultanously on april 18th .I found out when i got e mail .Neither my attorney or mu emplyer got 140 or 485 denail notice .after waiting 14 days i mad my employer call CIS and attorney wrote to CIS that we havnt recieved this denail notice yet .I kept the record of all this communacation because if u dont file MTR with 30 or 33 days then only option is apeal n thas if they allow u .I recieved both 140 and 485 denail on my home address on 25th day of denail and my attorney and employer recieved none .
    Best aproach as some one said is call and confirm ur address n hope .If not call service centre directly .





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  • NKR
    05-31 01:14 PM
    Why? what is so special with your finger that you are so keen on showing them to so many people?

    It is common knowledge as to how the so called "desi employers" work, and it is also a common knowledge as to who (and under what circumstances) joins such companies -- only to crib later about the employer and his practices (even though it is due to other odious practices of the same employer that the person was able to get (buy) the job in the first place).

    I have no love lost for these kind of people, most of these people misused the law through loopholes to buy their labor certs, and made a mess for people who have been honestly waiting for their turns. (Why else, will there be a pre 2000/2001 PD apps still pending. USCIS is bad, but come on, that bad??).

    Going back to OP, initially I gave him/her the benefit of the doubt, but his/her later statement "I will make sure that the job title and description are the same on the offer letter... " clearly points to gaming of the system. If she/he were on the up and up, she/he would have got a job offer that is similar to his /her LC job description, and not get a job and them make the offer similar to LC.

    I did not know that some people do not know why middle F is shown..

    anyways, If it is common knowledge then why do so many people complain?. The reason being that it is not so common for the guy who has just started his H1, he will be so damn ignorant. Once he realises how many desi employers work it will be too late. the first and foremost thing to keep in mind is that the promises made orally by the desi employer will never fulfilled.

    I am not saying that all desi employers are bad. One or two rotten apples is enough to spoil all the apples in a basket.

    This argument will never end, cause those who are in receiving end will always talk against the other, be it the employee or the employer, and those who have been helped will always side with the group which helped that person. So I agree to disagree.



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  • Vish
    03-20 12:18 PM
    Took the survey





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  • fullerene
    07-23 03:37 PM
    I guess most people here have a question - what happen right now?

    As a guide in a normal day, USCIS shall reach a decision within 90 days for an issurance of EAD/AP from the received date. But right now TSC won't take an action on a 485 application until Oct. 26. So does the "90 day" still stand? If so, an decision shall be reached with 20 days or so which is impossible. If not, then the received date becomes meaningless because it is not a starting point anymore.

    For me, I would like to take "Notice Day" as an indicator for my application process. Usually, it is one or two days after "received day". But right not, it might be 2 months or longer after the application is delivered.





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  • anilsal
    12-15 11:05 AM
    You do have the premium processing route. 15 days for the case to be decided.





    StuckInTheMuck
    08-08 04:32 PM
    I am thinking of starting a website where people can enter their email address and just get fake "card production ordered" emails.

    LUD - don't forget LUD! :)





    Krilnon
    04-22 03:02 AM
    My guess is that Kirupa has been busy lately… or something like that. Official enough, your post is, perhaps. :yoda:



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