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  • sandeep_1
    08-18 02:11 PM
    If you read through the forums, there are few suggestions.

    a) Call USCIS and submit a service request to expedite the process.
    b) Fax NSC with a request to expedite the process based on humanitarian ground.
    c) Wait.


    Called USCIS on friday and asked them to expedite since i can lose by job. current ead expires on sept 5 th and filed renewal on june 24th. I see so many cases getting approved with much later dates.
    Any sugestions on what steps to follow?
    my company won't let me work even 1 day after ead expiration





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  • jsb
    08-11 08:58 AM
    As visa bulletin is taking time, it suggests that somebody is putting some efforts in determining new cutoff dates. And they need to use up leftover visas. Hope to get a movement all across.





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  • admin
    04-03 10:38 AM
    On the one hand we are fighting hard to get amendments. On the other hand we're also fighting hard to make sure that our provisions are not taken out. Just to give you further details, Diane Feinstein was working hard to introduce an amendment that would remove the exemptions for Dependents and STEM. Just think how much of a blow that would have been if those exemptions were removed.





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  • ars01
    07-09 01:36 PM
    From the same memorandum:
    "Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."

    One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf



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  • indigokiwi
    03-09 12:38 PM
    Pappu,
    184 members and guests viewing this thread.
    Do we have at least 150 people registered for the advocacy days in DC?

    Over 200 members and guests now viewing this thread. If you have not done so already, please register to attend the advocacy days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a-9.html#post2414471) and / or contribute financially (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html).





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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.



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  • eb_retrogession
    01-09 09:30 AM
    Greetings.

    I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..

    http://www.immigrationvoice.org is a banner under which we are getting together to
    1) Find solution to employment based greed card retrogression
    2) Labor delay in the backlog centers.

    All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.

    Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.

    I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.

    Here is how you could help towards this cause and solution to retrogression & Labor Delay problem

    1) Register as a member of http://www.immigrationvoice.org. It is free.
    2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
    3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
    4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.

    Thanks for all your help .... Happy New Year!
    Please forward this mail to as many friends you can.

    Volunteer @ http://www.immigrationvoice.org

    Flyers attached.....





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  • zeusjerry
    03-27 11:05 AM
    How about getting somebody who already got his green card, and after getting the card created jobs or did some inventions.

    In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??



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  • saketkapur
    01-14 12:57 PM
    As per Ron Gotcher more bills are going to be introduced and then they will try to consolidate them into one. He has his response at the following link:

    http://immigration-information.com/forums/showthread.php?t=7013


    Re: Hr 264

    --------------------------------------------------------------------------------

    This is one of three expected bills introduced in the House. The sponsor of this bill (there were no co-sponsors) is Sheila Jackson-Lee. She is a fringe player. Next Tuesday, Luis Gutierrez, the chairman of the Congressional Hispanic Caucus, plans to introduce his version of CIR. It will most likely concentrate on amnesty.

    At some point in the future, we can expect a bill from Zoe Lofgren. The Lofgren bill will be the one that will have bi-partisan supporters and will be taken seriously. That will be the "real" CIR proposal in the House.



    If I had to bet on it, my bet would be that if anything at all passes, it will be visa recapture, quota expansion, and H1b relief. There is a strong core of support for those measures. The weakest component of CIR is amnesty.





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  • john2255
    07-21 08:24 AM
    Whenever an attempt to increase visa numbers is made a budget point of order can usually be made. So, you will need 60 votes to amend the law.

    "Before every one starts to bash Hillary : this is what someone on IV posted regarding Senate floor Amendment 2339... and now it sort of makes sense:"

    Not really. Senators voted against this because they opposed the underlying amendment. The Democratic opposition stems from the facts that the amendment proposed to re-capture from all categories and then re-distribute accordingly to a Republican preference. For instance EB-3, numbers re-captured didn't all go to EB-3. The amendment gave 61,000 to Schedule A and then re-distributed the rest equally.

    A much fairer, simpler and permanent solution is to simply rollover the unused numbers to next years numbers.


    I believe there is around 300,000 unused visas from previous years. Even if 61,000 visas are gone to Schedule A, we would have got the remaining 240,000 visas. Imagine they are not even ready to pass the amendment which gives relief to Schedule A(extremely shortage workers) as well as employment catagories, think about the chances if the amendment stands only for employment catagories.



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  • saturnring11
    08-10 11:01 PM
    This looks pretty authentic. It wouldn't make any sense for a lawyer to fake this unless someone hacked their website. There is a good possibility that the date is May 08, 2006 for EB2 I / C





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  • nrk
    08-11 10:24 AM
    I was current for 2 months in 2008, didn't get. lets hope for the best

    Thanks nrk. I am keeping my fingers crossed. I was current for two months in 2008 but did not get. So hoping for the best this time but again I would not be surprised if I don't get it, especially looking at USCIS/DOS works.



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  • PD_Dec2002
    06-28 04:26 PM
    Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!

    Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.

    Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.

    Correct my intrepretation of law if wrong..

    You can extend your H-1B. Why is EAD your only option?

    Thanks,
    Jayant





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  • hmehta
    08-15 09:57 AM
    I would stay at least 6 months with employer after getting a GC, unless ofcourse demanded by circumstances!

    Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.

    Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?



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  • mrsahaayam
    03-17 08:07 PM
    If you want to reply properly do so else don't pal





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  • rolrblade
    07-20 03:09 PM
    How come we didn't have any phone campaign? What were our lobbyists doing?

    I'm glued to C-SPAN whenever anything related to immigration is going on in the senate. This time I wasn't aware of it.

    We need to be more alert this time. Maybe a phone campaign or web-fax campaign would have turned the scale! We gotta be more alert.

    Don't worry. This is not the complete defeat yet, since this ammendment ties into the troops withdrawl bill. The president would have definately vetoed the bill.

    The bigger thing is the SKILL ACT, which has yet to be at the floor. If we really want any success, we have to ensure that the immigration act is passed a a standalone act and not an ammendment to any other bill regarding defense.



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  • mmanurker
    02-07 01:39 PM
    Sorry to hear that your 485 is denied....

    My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
    I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
    Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
    Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.

    FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.





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  • inspectorfox
    08-25 12:50 PM
    I will be in the same boat if I don't see my 9th year H1B extension before end of next month. NJ DMV must have some interim provision for individuals like us.





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  • McLuvin
    04-02 04:52 PM
    Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'

    Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)

    Well... I agree with you and please accept my apologies !!!





    gc_wow
    05-30 07:39 AM
    Spelling-Improves memory,for a growing kid that excercise is important.
    Pronunciation-Once again it is an excercise which enhances capability to differentiate.
    Root-Gives information on how words are formed.
    Language of Origin- Gives information about another language.
    Meaning-Gives information about the word and provides context to understand a word in better fashion.

    The top 10 kids in the competetion already are equivalent to a phd. It is not complete memorization.





    Dhundhun
    06-13 01:44 PM
    That's the last post I put here. Let this thread disappeared

    Firstly I am not from India where most of your guys come from. Instead from Taiwan 2 and half year ago. As travelled much between Asia countrys, no much time staying is US office although I based here. Yes, my English is poor and broken but this is not a fake story, make no sense for me. Just kill the time???

    When cops knock out your room, handcuff your hands on the back, force you stay down at the corner , if you could keep calm and state very clearly. I can only show my respect but unfortunately I did not make it. This is my first time. :( Should be the last time either.

    Now the negative point is mostly from my statement, no matter whether you believe, the attorney told me drag with anger is battery. we think that's okay does not mean it is okay on the law. So I wish you guys be careful on this kind of play around to avoid any trouble. I knew you all have better english than me. so you could explain clearly :) But Same level, do it on your spouse is even worse on a stranger.

    I create this thread just wish listen your opinion and try public view how much chance I can win the jury trail. Some of your advice is really helpful and I will take them.

    My wife is writing the mail to DA and wish it helpful to my case. I will have several rehearsal with my attorney in coming weeks. Anyway, we will fight for the justice and not accept that ridiculous battery charge.
    Any advice, please PM me, highly appreciated. If you suspect my honest, please don't waste your own time. Let's shut up on this thread and let it gone.

    Thanks.

    No need to upset. This is a different type of question. I googled and researched on it for hours, how to suggest you. In fact I did not know several words and acronyms used here.

    This is a situation because of cross-cultural differences, ignorence of law of land, weaker knowledge of English, etc. It might not have been aggrivated, had you been in your native country.

    Once in Japan, I crossed rails to go to next platform and caught by police for doing so. I explained them my childhood, when every day I used to do so in small town and it was OK there. Police told me that they understand me, and asked me not to repeat again there.

    My son asked for Samurai. On airport, the moment police saw it, they snatched it from me. They kept it under their possession and handed over to airlines to give me back at destination.

    I feel that police and people are considerate to situation.

    So, based on my experience of sevaral such things happening due to ignorance and past habits:
    .... Use translater and explain in native language (You can say that you know technical language to work in office, but don't know day-to-day language. You don't know difference between drag, pull, take along, etc).
    .... If you have any cultural example, explaining up to what level it is acceptable in your society.

    You must understand that under law of land, the way happening has been explained to police is serious offence. So work around explanation based on language gap, cultural gap, traditions gaps, etc. to minimize its impact. Show your preparedness to accept bridging of gaps to meet the law of land.

    Good luck.



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