Wednesday, June 15, 2011

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  • sina
    04-16 08:47 AM
    I am also planning on changing location from one state to another but the job is still with the same company (just moving to a different branch). My lawyer said it will not affect my GC but I have to get a new LCA for my H1. I still do not understand how this will not affect my GC (I have a approved 140 and waiting to file 485). Is there a way this is possible like if the labor is filed from the corporate office and has nothing do with branch locations?
    I just want to make sure it is safe before I move.

    Any help is appreciated.




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  • srh1
    10-28 10:57 PM
    Thanks for your reply it was helpful.

    BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..




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  • NKR
    05-14 11:38 AM
    Morning is over. We all are in mourning since the bulletin went out...




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  • BharatPremi
    12-07 11:59 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.

    In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
    "should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

    So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

    And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

    Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....



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  • nashim
    10-14 03:49 PM
    You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.

    Other option you have H1B stamping if you are maintaining H1B. thanks




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  • CADude
    11-08 12:46 PM
    per USCIS released information approx 655K AOS pending application as of end of Sept 2007.

    It's also has 281K EAD & 188K AP pending applications.


    So long way to go for GC journey...

    Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf



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  • Berkeleybee
    02-14 03:06 PM
    Thanks for the link to the 2005 report, Arihant.

    Will look for stats for the next iteration of the presentation.




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  • suresh_la
    12-01 05:16 PM
    Hi

    If any one can answer my question above , please

    I am in dilema

    Thanks in advance



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  • NKR
    05-01 11:54 AM
    Consult an attorney and see if you can re-open your old case or port that date onto a new case. You don�t want to start your GC process all over again. It is a pain for someone from retrogressed country.




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  • raydon
    09-17 09:50 AM
    If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

    Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?

    Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.



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  • belmontboy
    12-05 12:12 PM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!

    some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."

    What a jackass!!!
    Must be a terrorist sympathizer!!!




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  • sammyb
    11-16 04:21 PM
    Oh, I nearly forgot, AND pigs must fly!

    yes thats true .... but I guess only pig is not enough ... we need the whole animal kingdon fly before ....:D



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  • brb2
    08-09 11:14 PM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.




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  • v7461558
    07-13 12:21 PM
    A bunch of suits on a Saturday afternoon in downtown San Jose will sure look strange. Silicon Valley dress code is not the same as New York, or LA for that matter. Slacks and a shirt (maybe a tie) seem to do it even at venture capitalist meetings with company founders.



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  • pappu
    04-13 11:16 AM
    We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.

    Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.

    No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.




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  • potatoeater
    05-10 10:43 PM
    Don't do it. Its a trick!!! You will be run over by really big airplanes!! I mean really big!


    there is a huge run way... Try to make use of it.



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  • pcs
    06-01 01:53 PM
    Core guys,

    what do you say ????




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  • gcformeornot
    05-10 09:22 PM
    Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

    Good Luck. I am also using AC21.




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  • gcadream
    02-24 03:38 PM
    Hi Sakthisagar,

    So this time when you are going to apply in April for ur H1 extn, you will again be paying for H1 extn fees and H4 extn in case you have dependents ?

    Also one can file for H1 extn 1 week before his current H1 expiry date right ? without premium processing ?




    gg_ny
    06-22 10:34 AM
    It only makes sense to use RD when PD is current or has moved up. But the order of processing is not just RD but other factors like fingerprint, name check etc. as discussed in other mails.

    Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
    -g

    I agree, but with a little change.

    With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002




    vinkrish
    10-07 05:55 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."



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