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  • peer123
    12-05 08:37 AM
    I checked with my attorney, she there is possiblity of it getting approved but there is risk also.

    In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.





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  • lonedesi
    06-02 04:02 PM
    Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.
    --------------------------------------------------------------------------

    CIS Ombudsman - Send Your Recommendations
    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm





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  • BMS1
    11-04 01:15 AM
    That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.





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  • sheish
    09-22 09:42 AM
    Hi,

    Here is the my status:

    - 140 approved(EB3 category)
    - I am in 7th year of my H1
    - 3year H1 extension is in-process

    All of the above with Company-A.

    If the 3year H1 is approved, will I be eligible to change job to Company-B and transfer my H1 to Company-B?
    Can I take my priority date from my application from Company-A to B?
    In what way Company-A can affect my status once I switch to Company-B?

    Thanks for your input.



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  • invincibleasian
    01-12 07:46 PM
    Remember its your responsibility to turn in I94s. No one is going to ask you these when you depart the US. Submitting the i94s and using the us visit system enable correct traclking of your entry/departures. Read the instructions on the 1797 it tells you clearly what you need to do.





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  • nashim
    06-15 01:55 PM
    If your case was filed successfully then USCIS will send you receipt notice and biometrics appointment notice with in a week.



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  • chinna2003
    05-14 11:01 PM
    I have EAD through my wifes employment under Eb3 category with a PD 2005. we are expecting a baby in september, so

    There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?





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  • guyfromsg
    04-29 11:50 AM
    My LC (non-RIR) is stuck in BPC since Feb'05 which is also my PD. After lot of convincing up to my VP level they finally at least agreed to have a healthy discussion with lawyer to see the pros and cons of converting the application to PERM while retaining PD.

    My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..

    Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?

    thank you.



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  • Blog Feeds
    12-13 11:20 PM
    Immigration Lawyers Blog Has Just Posted the Following:
    The January 2011 Visa Bulletin shows significant retrogression of family-based categories with priority dates falling back as much as one to three years. The 1st preference category (unmarried children of U.S. citizens) shows an increased wait from 5 years to 6 years. The 2A preference category (spouses and children of legal permanent residents) suffers the largest setback with an increase from 4 months to 3 years, while the 2B preference category (unmarried adult children of legal permanent residents) experiences an increase from 5 1/2 to 8 years. The 3rd preference category (married children of U.S. citizens) shows an increase from 8 1/2 years to 10 years. The 4th preference category (brothers and sisters of U.S. citizens) was the only family-based category unaffected by the retrogression, remaining at a 9 year wait.

    Employment-based categories did not experience any retrogression and are as follows: EB-1 remains current for all countries; EB-2 remains current, except for India (May 2006) and China (June 2006); EB-3 is at Mar. 2005 for all countries, except for India (Feb. 2002), China (Dec. 2003), and Mexico (April 2003); EB-3 other workers is at April 2003 for all countries, except India (Feb. 2002); EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current.

    To view the January 2011 visa bulletin, see http://travel.state.gov/visa/bulletin/bulletin_5212.html


    http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/MqJ3r3NtuVk



    More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/MqJ3r3NtuVk/january_2011_visa_bulletin_shows_major_retrogressi on_in_family-based_categories.html)





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  • InTheMoment
    02-09 09:37 PM
    And how do we know which country passport you are talking about ?:confused:

    My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.



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  • eb3_nepa
    03-21 05:31 PM
    Yeah was a real eye opener, this one. Makes u wonder sometimes, whether we are really welcome in this country or not. More importantly, will we ever be REALLY accepted as part of the "American culture". These organizations are open about their "feelings" toward immigrants. There are a Whole lot more people who may not be so open about their thoughts, but still have them nonetheless.

    But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)





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  • indianabacklog
    06-14 09:43 AM
    I'm also seriously planning to file on my own. Well, there is no law that stops us, but certainly needs some tips from experienced people.
    Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)

    Any help seniors????

    It is absolutely feasible to do this on your own. After all you are well educated by definition of your H1B visa. The only thing you need from your employer is the letter of employment and you will need a public notary to notarize the affidavit of support.


    The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.



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  • anilsal
    08-16 02:31 PM
    http://immigrationvoice.org/forum/showthread.php?t=12440





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  • getgreensoon
    02-24 09:41 AM
    Sorry about the denial. I had a friend in the same situation. BE + MBA from IIM Cal. His I140 rejected too....for the same reason may be....even IIMs accept 3 year degrees and that is what caused the issue. The more i read about these things, the more I think that MBA is not considered equivalent to MS for the I140. Even though MBAs have more challenging jobs and earn way more than people with MS. It all boils down to demand supply thing. Many people in the US have MBAs but not MS.



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  • rajenk
    11-19 06:58 PM
    Courtesy copy will clearly say that it is a Courtesy copy. From what you are stating that copy seems to be from the original approval. So no worries.

    Good luck at the Visa interview:)





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  • mojoindemorning
    07-04 02:03 AM
    The 260k�
    God knows or who knows why the fluke in the numbers and a lot hurt but not to forget certain services made the big bucks. On an average 65k/year non-Immigrant VISAS are issued by immigration services. The Dept. of State claims that 60k immigrant VISA numbers exhausted by June 29, 07. The total number of applicants in the rat race should sum up to at least 260k as on June07.

    Numbers do the math...
    The June07 bulletin priority dates for India trace back to EB3-June03 & EB2-April04. At the same time about combined ~65k*4(June03-June07) = 260k were looking forward to get ahead in the rat race. Assume that 70% of 260k i.e. 182k had approved labors/substitution labor. The 182k caused to exhaust the 60k available immigrant VISAS then still about 102k are left in the air as non-immigrant alien workers.

    The suck-more theory�
    Since, the bulletin was issued on June 13, 07 (13 = dooms day) ~102k rushed to local stores like Sears, Walgreen, CVS for 2�� * 2 �� passport size photographs. The non-immigrant alien workers spent around 182k* ~$60 = $10.9mil for 6 passport size photographs. This explains why Walgreen (WALG) which was trailing at $43.xx on NASDAQ in May07 shot up to $45 in June07 and suddenly tumbled down to $43.xx after the revised bulletin. Certified civil surgeons to perform medical examination pocketed medical history�s best earnings in a span of 2 weeks raking revenues of about 182k* ~$275 = ~$50mil. NASDAQ touched years best @2650 in June07. Immigration lawyers charge about $1500 for I140 petition. Market rates for immigrant 485 petition is about $1400 for principal applicant and extra $750 for each dependent. Assuming that the average spending of 182k(singles, married, 2/3dependent applicants) amounted to $2000 for I140 and $2000 for I485 this totals to about 182k*$4000 = guess what!! $728mil. This means that there should be tremendous sales of Bentleys, Porsches, Lexus, Audis, BMWs this year. Projected sales of luxury cars should touch around $500mil for luxury cars alone in Q3. Till the next Oct07 bulletin keep the retro-guess-on for numbers.
    Thanks and good luck!!
    -AD (ad@suckmore.com)



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  • BMS1
    11-02 05:47 PM
    1. You can work with EAD for whomever you want.
    2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.

    This is my opinion.





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  • sargon
    09-22 10:22 AM
    Soft LUD on pending I-485 on 9/19/08.

    The Audacity of hope...





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  • gctoolong
    12-06 08:39 AM
    I am starting a new thread for guys from india with pd 2006 eb3...please do share your updates and thoughts......

    pd feb 2006 eb3 india
    i-140 nov 2006
    i-140 approval june 2007
    i-485 filed august 13th 2007
    rd october 9 2007
    ead approval oct 15th
    ap approval oct 17th
    finger printing code3 nov 21st
    name check,security clearance and background checks completed october

    guys nobody with 2006 pd eb3 from any retrogressed countries?come on!!!!!!!





    amyleu
    06-18 12:50 PM
    I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:

    1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?

    2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?

    3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?

    4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?

    Anybody, please advise. Thank you very much.





    vhd999
    10-07 05:18 PM
    Thanks Raj.

    Why do I need to be on H1B? I am currently on EAD.



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