Thursday, June 16, 2011

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  • gcformeornot
    04-06 02:07 PM
    For those who have Labor Sub and used AC21 to port employer....read on...

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)




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  • pappu
    03-17 03:55 PM
    Upcoming Teleconference
    Export Controls Requirements on Form I-129: A Conversation with the Commerce Department

    March 24, 2011, 2:00 – 3:00 p.m. EDT

    The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
    How to Participate

    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.

    Teleconference procedures

    1.
    To ensure your participation, we encourage you to RSVP 48 hours before the call.
    2.
    Please send us your questions and issues related to the teleconference topics ahead of the call.

    If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.




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  • eeezzz
    02-19 01:18 PM
    I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
    We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?

    "There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
    I think this means
    1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
    or
    2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.




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  • txh1b
    05-07 12:02 AM
    DOJ also has videos on other religions and cultures if anyone is interested. Links below.

    http://www.ojp.usdoj.gov/BJA/pubs/diversity.html

    http://bja.ncjrs.gov/diversity/flash.html



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  • theperm
    05-07 06:51 PM
    bumping up




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  • psaxena
    06-10 05:39 PM
    wow thats a news.. as your alias is "vivid" write something "different"(vividh) which we dun know.

    USCIS tops any other US pubic office in these 3 qualities
    1. Most greedy
    2. Most arrogant
    3. Most inefficient
    Reason is simple, their customers are mostly non-US citizens. Their prime objective is to earn as much money as they can for the US treasury, if that means 'Screw Immigrants' than let it be, who cares ?
    So any positive things like 10 years EAD/AP are dreams which will never come true...We should certainly put our case for 3 years EAD/AP combined document.



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  • SAPGURU
    07-11 03:12 PM
    Gurus,

    Here is my situation.

    Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.

    Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.

    My 6th year of H1B is expiring in March 2009.

    My question is, can I file my I-485 based on my previously approved EB2 I140.

    What should be best approach for me? Any help will be greatly appreciated.




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  • piyu7444
    04-01 02:45 PM
    CantLeaveAmerica

    The officer asked several questions

    Where do I work
    What is my job title
    Am I married
    Do I have Kids
    What is my current address and proof of it.
    What is my wedding date
    Hav I travelled out of USA from last entry
    Did I ever get any money in form of help from Immigration
    Checked my pay chq (current) and w-2 for 2007.
    Asked for Employment verification letter
    Asked to show I 94 card

    Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below

    Do I have any illegal kids (hahaha)
    Was I ever involved with any terrorist org
    Have I ever tried to being in ilegals to USA
    Have I ever worked as a Prostitute (lol)

    In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM

    The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.

    Hope this helps people out here........Good Luck ALL.



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  • pardesh
    11-19 01:06 PM
    This was the our Immigration Lawyer's response:


    AP is valid for multiple entries. Generally you receive three
    original approval notices. When you reenter the U.S., the officer will
    sometimes keep one of the originals, but you will still have two others
    to use on future trips. Occasionally, the officer will stamp the AP and
    then return it to you to use again, but if he keeps the original,
    there's not much you can do about it. If all the originals have been
    used, then you will need to file for another AP for future trips.




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  • krishnam70
    08-14 04:13 PM
    A woman who was traveling alone in the mountains found a precious stone in a stream.

    The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.

    But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."

    The woman smiled, "The joy of giving!"

    Agreed . Joy of giving is a great concept if its voluntary. If we place a condition that this is the minimum amount u can pay or no way we might lose a few members who might want to contribute lesser amounts..

    cheers



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  • wellwishergc
    12-26 11:39 AM
    I will join in.

    I will be calling in.




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  • santa123
    07-17 12:51 PM
    Anyone??



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  • hopefulgc
    09-02 11:57 AM
    If this is not like a "third world" goverrnment/municipality office, then what is?

    I think we all might just have to form groups of 10 people each and file group WOMs replete with reimbursement of attorney expenses.






    Edit. Latest ..on my case.(with a little history) and this is hilarious.

    8/21/2008 : Talk with the California Service Center (hopefully)
    Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
    Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.


    8/22/2008: Talk with Customer Service
    Customer Service: Your case is still in California.

    9/2/2008 : Info pass appointment. Talk with IO
    IO: Your case is still in TSC but will be transferred to CSC soon.

    I cannot believe such an organization exists in the world.
    ************************************************** *********************************




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  • snathan
    02-10 11:52 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks

    No one is comfortable with Eb3...do you have Master or Bachelor in EE? Any it has to do with the job requirement and not with your or your degree.



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  • shivarajan
    01-26 03:12 PM
    is OP a rant? :rolleyes:




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  • FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)



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  • kranti_veer
    08-13 01:52 AM
    looks like vldrao got his GC and took a hike ;)

    Yea...expect to have Vldrao back after the visa bulletin is out.

    Where is mr. rao?




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  • IN2US
    03-17 11:21 AM
    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.


    no offense but the above doesn't make any sense what so ever, so does majority of your posts.
    and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.

    Peace :)




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  • harrydr
    01-06 08:05 AM
    Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

    So just wanted to understand if this was even legally possible.




    Nanda
    07-11 11:00 PM
    I am in Tampa. Let me know if I can help in any way.




    logiclife
    04-15 06:54 PM
    I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

    1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

    2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.



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