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  • ganguteli
    03-16 01:44 PM
    Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.





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  • BharatPremi
    12-09 12:12 AM
    My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.

    I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.

    Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.





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  • hankles
    01-27 12:00 PM
    Here is a job lead I received recently. If anyone's interested, send me a message and I will be glad to provide the contact details.

    -------------------
    I trust all is well. I am working with a small consulting client who may have a contract (1099) need in the next couple of weeks. This would be initially a few month project focused on identifying strategic sourcing opportunities with indirect spend. So we are looking for candidates with broad, indirect strategic sourcing experience. The travel would be something like 50% on site and 50% at home. The client is located in the San Jose area. Ideally we are looking for someone in either Atlanta or the Bay Area, but will consider all locations.

    I was hoping you may know someone who would be interested in this opportunity. If so, please feel free to pass along this email. (For interested candidates, please email me a copy of your resume and we can set-up a time to talk.)
    -------------------





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  • Ramba
    08-05 01:31 PM
    Got the status update email from USCIS stating a card has been issued for my 485 application.

    I am not married yet. What are the implications if I get married to a citizen of india residing in India.

    Kindly refer me to appropriate material if you know of any.

    Thanks,

    Akshay

    Then, your spouse should comes in family catagory. You should sponser I-130for a spose of LPR. But FB catagory backlogged very bad now the PD is 2003. It takes many years.

    Other option is wait for 5 more years. You will become US citizen after 5 years. Then apply 130 for your spouse (spose of citizen). As there is no numatical limt, your spouse can come immediatly.

    Other option is she/he can come in H1,L1 and any othe non-immigrant catagories. However, they wont give certain non-immigrant visa like student, for your spouse if they kow she/he is a spose of LPR. Consult a lawyer.

    Other easy optin is marry a person in US.



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  • jnicklo
    04-17 10:55 PM
    See, what I am getting at here is.......

    MOST employers dont give a rats tail about how you talk so as long as you can dish out good design and do it FAST!

    You most likely wont be speaking to clients, thats what Project managers and salesman are for.





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  • gotgc?
    12-19 05:00 PM
    You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.

    In your current situation:
    1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.

    2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.

    3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
    http://www.ilw.com/seminars/august2002_citation2c.pdf

    Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.

    BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.

    Are there anything we can do to get the status on the security check? How long usually does it take?



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  • WeShallOvercome
    08-24 01:45 PM
    Hi gurus-
    Please let me know Can we use EAD with out I140 Approval.

    Thanks
    Aj


    Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.

    Let me clarify some doubts people have on this thread...

    It's your choice whether to use EAD or H1 to work,
    You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.

    EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....





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  • bigboy007
    11-23 10:06 AM
    how is it determined how long the EAD will be renewed for? If there are no fees associated with filing the renewal, then it probably doesn't matter.
    Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.



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  • nchendica
    09-25 01:16 PM
    I don't know how much time you took to complete AMIE.
    Longer is better in this case.
    I finished my AMIE in three years and I am in trouble.
    If you took four or more, then you are lucky.
    May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
    That helps to support AMIE is a four years degree.

    Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
    If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.

    My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
    Once the I-140 is rejected, then it is a bad remark.
    All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.

    It is always better to go for EB3 new labor as you have some time.

    Thanks and all the best.



    Here are the details of my case:

    Hi All �

    Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.

    My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).

    In my labor it�s clearly stated that the bachelor equivalent is needed.

    Labor Priority date: 5/10/2007

    8/7/2007 I-140 petition filed for EB2.
    8/7/2007 Adjustment of Status applications filed.
    8/7/2007 EAD application filed.
    8/7/2007 Advance Parole application filed.


    9/25/2007 USCIS Receipt Notice received.

    10/23/2007 EAD approved and valid till Oct 2008.

    6/20/2008 EAD renewal application filed.

    Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.

    In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.

    7/1/2008 RFE Submitted

    08/28/2008 I-140 / I-485 got denied

    I still have valid H1.

    I-94 Expiration: 4/10/2009
    Estimated Final I-94 Expiration: 11/25/2011

    My questions are �

    Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?

    How do I convince my attorney that we should go ahead and file the MTR.

    Please help!!!

    Thanks





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  • praveenuppaluri
    08-18 08:07 PM
    rsk73, your job decides if you can get in to EB2 or not. if you are working for MNC and apply for PERM, the current market is bad and they will ask you to wait for 6 more months. so, I don't believe this is a right time for PERM application - my 2 cents

    P.S: normally, these kinds of EB3 to EB2 porting questions are a little sensitive in the forums but 12th year H1B.. damn.. you are surely qualified for EB2, problem is, your job should. All the best...

    Hi All,

    I am on H1B from 1998, 12th year and counting.

    .



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  • GC7279
    05-30 10:18 PM
    hi gcnirvana,
    i was there in that situation. it was scary.

    1. firstentry to usa i got i-94 until: nov 2002
    2. extention i-797: nov 2002 to nov 2005. i sent for visastamping in usa june 2003 but mistakenly they gave visa until nov 2004. i went to india and came back to usa on mar 2004. at POE officer gave me I-94 until nov 2004 though my i-797 till nov 2005. i told to my company about my i-94 is expiring 1 year before than my i-797. they have half knowledge and they say it is fine since i have i-797 until nov 2005. i also felt that is reasonable and take it easy.

    one fine day(april 2005) i was going through forum then i realised the most recent I-94 is valid than any other document but by the time i realised it, my I-94 expired on nov 2004. i called Murthy she said i am out status because my i-94 expired though my I-797 valid until nov 2005.
    she suggested me to go to nearest POE and tell them they gave you wrong expire date and show them I-797.
    I went to Minneapolis airport spoke to CBP officer he checked my i-797 and corrected my i I-94 to NOv 2005.
    after that i got 2 more I-797s.

    i suggest you to go nearest internation airport and contact CBP officer. tell them that they gave you wrong i-94 expire date and show new i-797





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  • ganguteli
    03-17 09:39 AM
    Why shud he call the anti immigrant by that filthy word when all or most of what that guy conveyed with his post are nothin but pure facts. There r hundreds of gultis doing all sorts of illegal stuff in the name of immigration without any shame. Theres a saying that goes like..."If u tell someone as it is, he protests and kicks on ur chest" which seems very appropriate here.

    I remember, you were the one to fuel fight between Andhrites and others. You were also active on threads on Muslims vs others.

    What is your agenda, notmybuddy?

    You need to also correct your fake profile if you want anyone to take you seriously.



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  • nlssubbu
    02-08 02:34 PM
    I was in your situation during my GC process. I was in EB3 queue going nowhere, but waited for couple of years. When my division sold out to a new company, I was promoted and with the new job, I could qualify for EB2. I then port it from EB3 to EB2 and with the wait really proved to be fruitful.

    GC journey has lot of ups and downs like any journey in life need not get frustrated regarding this. Find various other avenues and ways to get over with it!

    Thanks





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  • alterego
    06-13 06:06 PM
    The benefits to the porting are obvious. However let me share with you the considerations:

    1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?


    2) PERM labor certification is not going to be what it was previously given the current oversight.

    3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.

    4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.

    5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".

    If even after all this you feel your best chances are with EB2 then you should go ahead.
    Good luck.



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  • madhu345
    03-27 05:26 PM
    Hi All,

    Found this on murthy site as well as on shusterman website...is this going to add any extra mile to the things we already doing for a while?

    -Madhu





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  • kramac01
    09-21 02:38 PM
    looks like NSC is approving Spouse EAD huh???

    I am also waiting for EAD.
    My FP is also done on 08/29/07
    My center is Nebraska.
    I think slowly NSC has started approving EADs.
    PD: Sep' 03.
    Thanks.



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  • Macaca
    01-24 08:58 PM
    You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it’s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.

    USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?

    If they did not catch it at PERM, why did they not catch it at the I-140 stage?





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  • bitu72
    04-18 11:39 AM
    called uscis they say its for faster processing and should get letter in mail.
    did anybody else get a mail like this.





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  • mrsr
    03-03 11:00 PM
    this is called inter filing.

    you please call USCIS and follow up on your case,let me see what they say.

    to call USCIS short cut is

    just call 18003755283

    1
    2
    2
    6
    1
    enter receipt number
    1
    1
    keep listening to updates on case
    3
    4 you will be connecting to iio (2nd level immigration officer who is more educated and will speak nicely)





    shozee
    01-04 04:16 PM
    Im july 5th filer .NSC_CSC_NSC.got my EAD on 20th december07.AP still pendind at CSC (RFE).opened SR for FP in october and got FP notice next day .Obvously SR had nothing to do .SR was replied after 45 days and says "status of I-485 USCIS is waitinf biometrics information to produce permanent residency card .I had filed 140 and 485 conc.and my PD is current .I had seen lot of NSC_CSC_NSC got their FP notices in mid november .





    eager_immi
    01-25 07:30 AM
    Don't u think that if X has contributed $1,000 and I have contributed $20/$0 I might be temped to rethink that I need to contribute more. It is not comparing $100 vs $200.

    Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.



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