Sunday, June 19, 2011

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  • EkAurAaya
    11-30 10:31 PM
    to file a new set of 485s for the new current PD when two individuals have pending 485s and a A# assigned.

    The great ways of USCIS.

    Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.

    Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.

    The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.





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  • nissan_1
    08-05 12:15 PM
    I work for a reputed American consulting firm with 30000 emp globally. I am EB3 India and missed the July 2007 boat. After trying from last 2 years, I finally convinced my employer to file my EB2. I have a 4 years Engg degree and had 5 years work exp in IT before joining this company. I already worked 6 years in this company. Our Lawyers do not want to use any of my preious experiance, rather they want to use "Bachelor's degree and 5 years of progressively responsible experience" in my current employer as I received promotions in the past to became a Manager. I have doubt in it. but they are one of the most reputed law firm in US and I do not think I can question them in regards to immigration rules.

    What you guys think? Will it work?





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  • reachag
    05-24 01:06 PM
    Sent





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  • kondur_007
    08-31 02:22 PM
    Under Post decision activity it will mention a date :

    "we approved this petition and sent it on date -->

    This date is when they mailed your green card.

    If you do not receive it in 7 days after that date (that is mentioned on "post decision activity" message, you need to check with your local post man/post office and then consider infopass to see what has happened.

    The card comes in a "neutral looking envelope" with "return service requested"marked on it and upper left corner has address of Nebraska or Missouri (two places where they are produced). Nothing else on that envelope (it is slightly large than norma envelope): keep looking for it in your mail.

    Good Lcuk.



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  • fcres
    12-18 11:40 AM
    . After 180 days you may leave, but you will have to find a new employer who is willing to hire you on permanent basis upon getting you GC for same/similar job as in the LC. What you do until your GC is approved (contract job with this employer or something else) is a different matter. Those employments can be on EAD, H1, temp/permanent, etc.

    What if the job i'm moving to after 180 days is hiring me permanently now itself? Do they still have to specify (in EVL for AC21) that they will hire me perm only upon getting GC?





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  • zCool
    04-10 09:59 PM
    Hi I am really grateful to you all for responding to my problem. I have attached the agreement for your reference.

    To Zcool,

    I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.

    Thanks,
    Uday

    You should not have quit the job under mere threat of lawsuit esp. when he did not have anything to hold over you anyways, In future, of course, just to be on safer side, send a back dated letter with your resignation and date it to your last working date for that employer that way your 12 month counter starts from that back date..



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  • dealsnet
    08-17 01:43 PM
    EB2 is for advanced degree with exceptional ability.
    3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
    Diploma is not considered for GC. It is useful for H1B.
    Try in EB3. Still not give 100% guarentee.
    They need 4 year single source education/degree, for US equivalent.
    My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
    USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
    It equate 3+2 Indian degree (not diploma) to US 4 year degree.





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  • pani_6
    10-06 01:05 PM
    Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D

    Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(


    I was remembering the Tinkle story shambu shikari...lot of old stuff comes back for some strange reason



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  • mkrisa
    08-14 02:12 PM
    Using AP for travel is losing H1B Status?

    Also dependent GC applicant using EAD means losing primary applicant H1B Status?

    Please let me know?

    Thanks





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  • GcGcGc
    05-24 12:51 PM
    I have sent the webfax. I am eager to check often the number of faxes sent. Where Can I see that number?

    If I have not sent the fax, then those number would show up in the webfax page. Any inputs?



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  • quot;Beyoncé is throwing Jay



  • pointlesswait
    03-16 01:31 PM
    i ave been advocating that each section must be moderated... and ppl with incomplete info must not have access to
    a.) secure sectiono of the forum.
    b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..

    i see too many bots and worms on this posts...
    act now..else RIP for ever..;)



    IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.

    I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.

    Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.





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  • sid
    04-02 02:34 PM
    Thank you Tom and Zcool.
    I did try asking my manager and the vendor if they could mention that the project could go on for another 3 years but was not successful.
    The letter that I got from my manager did mention that I have been working for them (client) since jun, 2005 under a contract extendable in 6 month increments and they see a need for me for the forseeable future.
    I believe my company has some direct clients... I will ask my employer to attach those contracts as well.
    Again, Thank you very much for your replies.



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  • dan19
    02-08 05:54 PM
    Read this...United Nations had posted this in some other forum.

    >>>>

    Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.

    http://travel.state.gov/visa/frvi/b...letin_2712.html

    D. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.

    WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
    Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
    WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?

    It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.

    WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?

    While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.

    Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
    The reasons the Employment categories had become current were:

    The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
    The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
    In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.

    WHAT ABOUT SCHEDULE A NUMBERS?

    The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.

    HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
    The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
    In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.





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  • bkarnik
    08-11 01:35 PM
    Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.

    All our cases show this status now.

    Any idea what happens next?

    Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    Where in the email does it say that the case has been transferred to a "LOCAL" USCIS office? From your information it appears that you are a July 2007 filer. Please check your 485 receipt number, if it starts with anything other than LIN, it means that although you mailed your application to the NSC, they sent your packets to either CSC or TSC for data entry. Now that your PD is current, it is quite possible that this office is now sending your packet back to NSC (which has jurisdiction) and is now pending there.

    I say this, because, the same thing happened to me and many others whose 485 submissions were sent to difeerent offices for receipting and then those packets were sent back to NSC.

    Peace.



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  • anilsal
    10-07 06:24 PM
    It is such a tragedy that I fervently hope does not repeat ever anywhere on this planet.

    This is the second incident that I am hearing in 18months.

    http://www.asiafinest.com/forum/index.php?showtopic=130289&pid=3138545&st=0&#entry3138545

    There can be thousands of issues but do not destroy the young ones.





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  • ajm
    12-22 11:09 PM
    I live in Chicago as well.



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  • dallasdude
    05-27 11:19 AM
    This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?

    You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
    The credit card will be charged once, may be charged twice or a valid CC may get rejected.
    Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
    USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
    In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
    There would be an online survey after you buy it which would never get submitted 99% of the times.
    In case it did get submitted, somebody will read one out of 10,000.
    After reading it he will throw it in the trash can.
    If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
    I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)

    So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.





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  • Sirisian
    03-19 12:43 AM
    Okay I liked code, contagious, and serif. Serif has my favorite palette of colors. Love the detail in the contagious one. Background is a little bland though. I voted for code though. Has the same colors I like.

    All I got to say is Timmy Tots would have won. I can picture it now. Pixel font in the middle of a canvas. Can't compete with that. Maybe even a neon font on a black background. I should have competed in this.





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  • greenrohit
    03-31 09:20 PM
    Done





    maverick_neo
    08-14 01:44 PM
    I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance





    sumitmathur
    08-21 02:02 PM
    I called USCIS regarding this issue. Representative mentioned that once u have GC, it is your choice if you want to change jobs. There is no rule stating that you have to stick to your employer who sponsered GC for any period of time. He also mentioned that changing job after getting GC does not affect citizenship application.
    BTW, I got my GC on 08/08/08.



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