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  • helloh1
    01-27 01:35 PM
    Jaihind...thats really unethical. Its sad to hear such experiences.
    Although I cant help you...I really wish you good luck.





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  • GCaspirations
    10-03 10:30 PM
    GCaspirations...
    How do yo uknow ur app moved from nsc to csc etc.. when you havenot got anything...other than just the lud on uscis website...
    can u pl clarify?

    I got transfer notice. Also LUD on the website.





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  • bsnf
    04-20 09:10 PM
    I was asked for the AP in India and Germany. The custom officer in India was aware of the AP and immediately completed the process and let me go. In Germany the 1st person ( probability a new hire) did not understand the AP so he asked another custom officer to look at the AP document. The other office looked at the AP and then explained the document to the 1st officer and let me go.

    BTW, the trip last month was the 3rd time I traveled to India on AP.





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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?



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  • shukla77
    05-29 09:08 PM
    Let us see if we can get at least 200 people who vote on this. Many the great souls are talking about complaining to USCIS about EB1s getting GCs using shortcuts. Some of them suggested LET US write to ombudsman office and USCIS & blah blah. Let us see how many folks come forward and vote for this.





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  • sam_hoosier
    07-03 10:13 AM
    Atty fees were paid by my employer; my out of pocket was approx. $ 500. However, the intangible cost (disappointment, having parents stand in a queue to get BC etc.) is far greater :(



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  • sareesh
    10-29 10:36 PM
    hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..

    Hello All,

    My Lca was applied with MS + 2 yrs
    But my I-140 got approved under EB3(my lawyers mistake)
    What should I do?
    PD 03/25/2005





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  • morchu
    08-01 09:58 PM
    The key is that....there should not be substantial difference in the job duties and the responsibilities.

    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!



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  • nousername
    11-19 05:04 PM
    To begin with let me say that I have earned my masters from the US but still I'm not in favor of this idea simply because getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..

    Besides this will further divide the community which as is divided.

    Just my 2 cents.

    Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
    I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
    any leads?





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  • aachoo
    01-05 11:36 PM
    In several responses people have compared MBA and PMP, I don't these two are comparable. Any thoughts?

    I am not sure why the 2 are being compared. One is a professional degree while the other is a certification. MBA prepares you (in theory) for several different jobs (marketing, finance, ops, general mgmt etc.) while PMP is primarily to "check the box" on program management. With all due respect to the PMPs (and other PM credentials) I havent seen any additional skills that PMP provides.

    Yes- I have an MBA and a PM certification and work with several IT PMs/techies but an not in IT myself.

    -a



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  • lazycis
    11-30 01:30 PM
    Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!





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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?



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  • ujjvalkoul
    07-27 02:55 PM
    I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
    So they call to see if USCIS may be able to lookup their case by Last name or something......





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  • darslee
    07-06 04:59 PM
    Who understands the word Gandhigiri. Stop stuff like this :mad:
    I am not even Indian and I understand it!



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  • Administrator2
    05-15 01:31 PM
    Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members. We are not trying to filibuster whatever you chose to dicuss. However, we are in crunch time and need all hands on the deck to gather support for the three bills. Please Please call the House members listed in this thread:

    http://immigrationvoice.org/forum/showthread.php?t=19113

    This is the most important thing right now. Kindly help.

    Thank You!





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  • aadimanav
    06-12 02:50 PM
    Posting quick links::)

    Panel I:

    Edward Sweeney
    Senior Vice President
    Worldwide Human Resources
    National Semiconductor Corporatio
    http://judiciary.house.gov/media/pdfs/Sweeney080612.pdf


    Lee Colby
    Electrical Engineer
    Lee Colby & associates and Past Chair of the Institute of Electrical and Electronics Engineers Santa Clara Valley Section
    http://judiciary.house.gov/media/pdfs/Colby080612.pdf


    John Pearson
    Director of the Bechtel International Center
    Stanford University Association of International Educators
    http://judiciary.house.gov/media/pdfs/Pearson080612.pdf


    Yongjie Yang, Ph.D.
    Legal Immigrant Association
    http://judiciary.house.gov/media/pdfs/Yang080612.pdf



    Mark Krikorian
    Executive Director
    Center for Immigration Studies
    http://judiciary.house.gov/media/pdfs/Krikorian080612.pdf


    Panel II:


    Jana Stonestreet Ph.D., RN
    Chief Nursing Executive
    Baptist Health System
    http://judiciary.house.gov/media/pdfs/Stonestreet080612.pdf

    Cheryl A. Peterson, MSN, RN
    Senior Policy Fellow
    American Nurses Association
    http://judiciary.house.gov/media/pdfs/Peterson080612.pdf


    Steven Francy
    Executive Director
    RNs Working Together, AFL-CIO
    http://judiciary.house.gov/media/pdfs/Francy080612.pdf



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  • langagadu
    03-02 01:58 AM
    Bujji, Any update on this?

    I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.





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  • snathan
    06-19 07:16 AM
    Would you like to send a mass mailer to all to generate momentum ???

    Can you please do that....





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  • maristella61
    12-11 02:08 PM
    Sorry if this has been addressed before but I'm not really sure how the FBI name check works.
    Is that something we all go through or is it at random? Where can we go to see if we are in the process of going through that or if we have gotten passed it already.
    Thanks for your help as always.





    cbpds
    07-09 11:04 AM
    Guys, there is real substance to what oscarzumaran says as well......

    It is not fair to shout at him unless u understand the issue bereft of any emotions.

    I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.

    Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.

    If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.

    We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law

    IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed

    How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.

    Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.

    I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)



    No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.

    President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?

    Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.





    diptam
    08-15 12:43 PM
    Some peoples think that they are the smartest world has ever Produced.

    When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.

    The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:

    People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?



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