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  • ameryki
    05-02 12:08 AM
    my 2 cents...once past 180 days of your 485 filing with an approved 140 already anything is fair game. I am in my 4th promotion compared to what was on my labor...you got to take risks in life mate.





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  • wandmaker
    03-05 02:05 PM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.


    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    IV does not collect any identifiable information. The information is being requested is all about petitions that you had filed, which no way affects your privacy in my personal opinion. These information will help IV to slice and dice the data and present it to lawmakers when the need arises.

    It is up to you to contribute to these efforts with clean data. I would suggest you to get a paid consultation from an immigration attorney until you become comfortable with IV, people and its forum





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  • raj3078
    08-21 10:32 AM
    Mine was transferred to Denver where I live now .....It happened on Aug 11th...No movement on it since....PD in Aug 2005....EB2 following is the reason given....I am tired of waiting and I am having Infopass tomorrow.....Will update you guys....

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.





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  • Canadian_Dream
    07-25 01:51 PM
    Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

    Do the following:

    If you receive physical copy before AUG 17:
    1. File I-140/I-485 with your OWN labor before AUG-17.
    2. Do not apply for EAD and AP on the second one.
    3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
    4. You can continue using EAD/AP filed with the first applications.


    If you don't receive the physical copy before AUG-17

    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

    Good Luck.


    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated



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  • Raj_2009
    01-14 07:50 PM
    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj





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  • Sheila Danzig
    02-21 03:29 PM
    With all due respect to the Murthy Chat, the CA has been to the appeals office where they have found it equivalent to a BA.

    The following is from murthy.com site.

    Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?

    Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.

    http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search



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  • MatsP
    October 25th, 2004, 02:09 AM
    I like the sky in #2, but as someone said "what's behind the fence". It's just not telling enough of a story. But the sky is a keeper for some PS work... ;-)

    My vote is for #4. I can't really tell you why, it's just the one my eyes keep coming back to...

    All of them have nice DOF. I guess they are at 18mm on your 18-55?

    --
    Mats





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  • va_dude
    02-17 04:31 PM
    Hi.
    Most of us who filed during jul/aug 2007 got our FPs done later that year.

    Aren't those FPs valid for only 15 months or so?

    So have folks started receiving their second FP notice yet?

    Thanks.
    va_dude



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  • addsf345
    01-08 02:07 PM
    Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

    My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.

    any one?





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  • gimme_GC2006
    08-17 08:02 PM
    gimme_GC2006,

    I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.

    so nothing to fear.

    ok..cool..thanks !!
    Hopefully mine will also be cool. :)



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  • LC2002
    04-14 11:06 AM
    Congratulations..

    Thank You!





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  • prabasiodia
    05-25 01:49 PM
    Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.



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  • krishna
    06-02 07:52 AM
    The indian consulate in NY states that one can apply for a renewal a year before his/her passport expires. Check out this link.

    Here is the statement

    Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.


    Here is the link

    http://www.indiacgny.org/php/showContent.php?linkid=29





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  • senocular
    07-21 01:20 PM
    I think you'll see more overhead in rendering from Silverlight since they spend a little more time in rendering making for cleaner shapes, even compared to Flash. Code-wise, Silverlight has the upperhand when it comes to performance - in most cases. Flash can keep up and beat it in many situations, but at the lower levels, Silverlight (C#) is just a beast. (I think as of beta 1, I know Silverlight suffered with some string operations, but they should be able to tighten that up before final release.)



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  • ganguteli
    07-23 10:10 AM
    Please share your experience with purchasing tickets online from sites like makemytrip.com. chepoairines.com etc kinda sites verses travel agents.

    I am planning to go from New York to New Delhi after 2-3 months and exploring options. Recently someone I know came from India and paid only 1.5 Lakh rupees for 5 tickets. He could get a good deal because he knew the travel agent.

    This shows the huge margins these travel agents and travel insurance agents have. Travel insurance purchased in USA does not even consider pre existing conditions ( their terms and conditions are confusing) and getting them to pay your bills is a big pain. So I can understand why travel agents and travel insurance agents make so much money and can advertise everywhere on TV and websites in USA.

    So please share experience and suggest a good website or agent who can give a great deal to me. Do not reply if you are an agent. I am looking for experiences from customers.


    I am posting this in Immigration Voice > General Information > Interesting Topics before anyone jumps and get bitten.





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  • PlainSpeak
    02-16 03:13 PM
    Hi,
    My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
    I am working on EAD now, which is valid through 07/06/2012.
    I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".

    Following are the details from my labor:

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    Reponsibility:
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".

    Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?

    Thanks in advance.


    You need to check SOC codes for both the roles and confirm
    In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %



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  • akhilmahajan
    06-27 12:08 PM
    Can you please share your recept date?
    Thanks a lot.





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  • logiclife
    03-28 06:26 PM
    I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.

    dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.

    I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.

    I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.

    You have indeed done an amazing job in totally making that diary hopeless.

    Kudos to you for doing that and many thanks for defending this community on that site.





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  • desi3933
    03-24 08:51 AM
    Hi,
    I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?

    Thanks

    Leave US asap and re-enter using L1 visa stamp to get back into L1 status.


    ___________________
    Not a legal advice.





    gcfriend65
    12-06 09:27 AM
    I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.

    Is there anyone out there, who know how to track this service requests or have any experiences with them.





    forgerator
    02-24 12:35 PM
    Truly amazing performance! For 13 yrs us Pakistanis were proud of Saeed Anwar's 194 record, but I have to say I don't mind at all that its finally broken by a class act that is Tendulkar. Definitely the best batsman of all time!



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