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  • sdudeja
    01-30 06:00 PM
    I am not sure. But the FP notice was mailed on 23 dec and the other document on Jan 12.





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  • gc_chahiye
    11-27 06:32 PM
    USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..

    Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
    Options

    1) Give 3 yr ead and AP

    2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)

    Give us all GCs? Nice idea, now meet reality:

    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
    Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.

    It would also save about $350 million.

    The response? No thanks.

    Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .


    USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...


    3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).





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  • kkt_tkk
    10-19 07:57 AM
    Hi,

    Can you explain in detail, how you defined your education in Labor certification?.
    It depends on that, if you defined combinational ( and/or experience), then no issue.
    All the best
    KKt
    Hi,
    My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
    So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
    Thank you.





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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.



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  • austingc
    07-30 11:37 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.





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  • Outkastpb231
    10-29 06:09 PM
    Wehey - I can do all that (- website layouts) and I havent had classes yet :)
    Your car is slightly different.. It has a gradient; where mine was bright purple.
    Can I view a few of your sigs? Or a website you have previously made?
    http://img.photobucket.com/albums/v499/outkastpb231/02shocker.jpg
    http://img.photobucket.com/albums/v499/outkastpb231/Steelcopy.jpg
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    http://img.photobucket.com/albums/v499/outkastpb231/Signature.jpg
    http://img.photobucket.com/albums/v499/outkastpb231/vaporworks_8.jpg The vapor works logo was done for a paintball company.
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  • DSJ
    07-06 01:01 PM
    Do you guys forget they recaptured used around 100,000 in FY2005.

    The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.

    If they recapture from 1994 to 2006, then we will get 216,000 EB visas.





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  • morchu
    05-04 12:21 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.


    Hi,
    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.



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  • eImmigJr
    10-23 07:37 PM
    Mine is a similiar case, would like to add more info to this post.

    LCA certified as computer programmer in EB3. PD 2004.
    Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.

    I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).

    Questions that I am not clear about is.
    1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?

    My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.

    Gurus, please advice if this approach is correct.

    Thanks in advance.





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  • number30
    04-10 10:40 AM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.

    Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.



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  • xu1
    08-07 09:32 AM
    http://www.flcdatacenter.com/OesWizardStart.aspx

    Try this DOL wage library for a start. EB2, i guess, needs a level4 wage in your area.

    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron





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  • JuneBut2ndJuly
    09-06 04:51 PM
    my employer messed it up. originally filed on June 14th and application returned due to wrong check included and mailed again on June 29th .



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  • levelup3
    12-19 10:24 AM
    Thanks for all your post





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  • saimrathi
    08-02 01:40 PM
    I dont think there is anway of tracking money orders from USPS..

    I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank



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  • meridiani.planum
    03-10 08:21 PM
    Hi,

    I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

    What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.


    Please adivse.

    Thanks and Regards

    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...





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  • sayantan76
    06-01 06:55 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(
    you do not need to be on L1A to apply for EB-1 managerial as long as you meet the requirements of being a manager as per USCIS definition. also eb-1 managerial is not a self-file - it needs to be filed by employer.



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  • EndlessWait
    07-23 08:08 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...

    and wait it out for 6 months and then change ur employer and find a job with the same skill set. as per USCIS ur job description has to be nearly 90% same.. so for u the best option would be to wait and watch..u've no other choice..





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  • ksvreg
    09-25 02:20 PM
    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..

    In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.





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  • gchopefull
    12-17 12:48 PM
    did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
    sorry for the last post and thank you in advanced for your response





    pshah
    07-13 07:26 PM
    Done but I don't think the number of signatures is getting updated. It still shows 1327.





    pappu
    12-05 09:36 PM
    I bet they won't let a VB programmer in!!!

    You mean Visa Bulletin programmer?



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