Saturday, July 2, 2011

Happy Birthday Old Man

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  • HAPPY BIRTHDAY OLD MAN!


  • waiting_4_gc
    08-24 08:00 PM
    Hello Gurus,

    Here is my situation and I really appreciate your advice:

    I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.

    I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.

    Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.

    1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?

    2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?


    Thanks in advance!!!




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  • visa_reval
    03-14 03:46 PM
    and I dont have an answer for it. Can somebody point us to the doc pls.




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  • Happy Birthday Old Man


  • sundar99
    02-27 01:41 AM
    http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2

    Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !

    Folks,


    RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.

    Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?

    Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !

    I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !

    Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?




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  • milind70
    08-25 09:34 AM
    Hi,

    I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.

    1. Who should apply I824? employer or individuals ( in this case myself)?
    2. If employer need to apply, should it be current employer?
    3. how long does it generally take?
    4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
    5. What other documents are required?

    Please help

    Thanks,
    Vikram

    AFAIK old H4 797 is not important. My wife we did not have a 797 when we came here initially, also we had also lost her old H4 797 (but we had photo copies).Her 485 was approved without any RFE



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  • sgupta33
    08-28 05:12 PM
    Hello,

    The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at Murthy.com and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.




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  • 50th Birthday” ya old man,


  • ramaonline
    07-27 09:54 PM
    AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney

    There was a post on the attorney forum with some additional information


    It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.

    If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.

    Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.

    Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.



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  • pramodirt
    07-02 09:46 AM
    Hi All,

    I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.




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  • thakkarbhav
    02-07 08:45 PM
    Yes. They need atleast 3 months time to file new labor.



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  • senk1s
    10-04 04:33 PM
    i've read that the interim EAD is discontinued until further notice.
    you may schedule an infopass appointment and they'll expedite the original app (When its pending for >90 days)

    I know a friend of mine who got EAD about 3 weeks ago(Jul 2 filer)




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  • raysaikat
    07-08 10:39 PM
    but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.

    Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.



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  • baldev.thakur
    06-24 02:31 PM
    Hi folks
    Hi Folks
    Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
    Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
    HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen




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  • BMS1
    09-16 06:45 AM
    Similar case
    http://immigrationvoice.org/forum/showthread.php?t=1242



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  • wandmaker
    11-05 08:50 PM
    Walk into near by ASC with your FP notice, explain the situation, they will be able to accomadate you for FP. I read in the forum Wednesday's are usually good for walk-ins. Good Luck!

    Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.

    we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.

    1. do we need to call USCIS to change the location and date ?.

    2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.

    3. I have updated the address in USCIS using online AR-11 already.

    Plz share your experience/advise...

    thanks,
    ====
    PD : mar-2005




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  • Ann Ruben
    04-17 01:09 PM
    Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)

    "Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."

    As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.



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  • mrana
    01-14 12:29 AM
    Mcom+MBA+Mphil +NET + 5 yrs exp as lecturer in Delhi.




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  • bombaysardar
    08-01 09:18 PM
    What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.

    Many of the users may not be aware of this feature - thanks for flagging it 'jazzbythebay':)



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  • lost_angeles
    07-14 11:51 AM
    Hello,
    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.

    Thanks.




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  • mmanurker
    06-15 06:13 AM
    Sorry to hear abt your case....it would help if you can share details of what happened and at POE what type of questions were asked and what was your response? what documents did the officer check? did he call your employer?Did they make you you sign on any papers? did they ask you to voluntarily withdraw your H1B petition?Please provide as much info as you can and I am sure IV core might also help you as this is the first time that someone came forward who is on H1B & got deported. All these days we are hearing abt friend and friends friend but nobody came forward first hand who got deported to share thier experiences...




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  • Ennada
    09-16 02:49 PM
    My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help




    glus
    01-05 08:32 AM
    NO, you cannot interfile. A Family-based priority date, cannot be used in connection with employment-based. If you are married to a U.S. Citizen, and you already have an approved I-130, you can apply to adjustment of status immediately through the U.S. Citizen. You file AOS now and it may get approved much faster than the employment-based. Once you file the new I-485 through family, you generally should withdraw the employment-based. But wait until you receive a new EAD via the new I-485.




    JazzByTheBay
    09-07 11:32 AM
    Here are a couple of videos from the Milpitas meeting.

    It's really important that we all make our best efforts to attend the DC rally. Our life, and those of our children and families, depend on this.

    Are you prepared to live for the next 10-15 years on EADs and AP? Ready to renew those every year? Limit your career growth and job prospects? Limit what you can and cannot do? Limit the raises you can get?

    There's no reason to be scared to attend the rally. Leading immigration attorney Sheila Murthy supports IV and the DC rally, and encourages all those who are affected to attend.

    Here's more:
    http://morejazzbythebay.wordpress.com/

    cheers!
    jazz



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