srt57
02-14 06:21 PM
In the RIR system EB2 was MS + 3 and BS+5.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
It isn't a loophole. That's how the PERM Jobzone/SVP system works.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
It isn't a loophole. That's how the PERM Jobzone/SVP system works.
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Anders �stberg
June 2nd, 2004, 12:11 PM
A little update; I was asked to send some of these pictures to Sveriges Ornitologiska F�rening (main ornithological society), and the pics are now on their home page (http://www.sofnet.org) with a short story (http://www.sofnet.org/index.asp?lev=2125&typ=1) . No biggie, they accept user contributions, but flattering just the same. I can now sort of say I've been published! :) Maybe the link to my home page can lead to something (uhh, no pun intended).
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phigi
08-19 03:33 AM
that got me back my rights to Post messages. thanks Kannan
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uslegals
12-21 09:56 AM
Any advice is appreciated.!
thanks!
thanks!
more...
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superdude
07-18 12:13 AM
Let us give our leaders a break for now. Let us focus on filing the apps ASAP. IV core has been working on these issues for a long time. Let us knock one wicket at a time.
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
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deardar
09-14 10:25 AM
And why not?
Please allow me to answer your question when I see you in person.!:o
Please allow me to answer your question when I see you in person.!:o
more...
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amitjoey
05-02 07:25 PM
Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.
I understand that some of you do intend to contribute and have contributed generously in the past,
But here are some mindsets, All of us fall in these 4 mindsets.
1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
2) I have contributed enough.
3) I will contribute if I feel like, when I see something comming out of this effort.
4) I do not have to contribute.
If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can better plan.
Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.
Category 3) This has been discussed, I do not want to talk about this category of members.
Category 4) Again - No Comments-
Lets show the core team that all of us fall in the first 2 categories.
The last thing we want the core to do is bite their fingers over funds. We do not want the core to get stressed out over funds. They have enough real work to do already.
Inspite of being a serious team player, and a generous contributor it took me some time (few days) to sign up for the recurring monthly contribution program back in Jan. so I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. But this is our last chance, I urge you to be one of the 1000 people we need for this effort.
We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.
I understand that some of you do intend to contribute and have contributed generously in the past,
But here are some mindsets, All of us fall in these 4 mindsets.
1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
2) I have contributed enough.
3) I will contribute if I feel like, when I see something comming out of this effort.
4) I do not have to contribute.
If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can better plan.
Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.
Category 3) This has been discussed, I do not want to talk about this category of members.
Category 4) Again - No Comments-
Lets show the core team that all of us fall in the first 2 categories.
The last thing we want the core to do is bite their fingers over funds. We do not want the core to get stressed out over funds. They have enough real work to do already.
Inspite of being a serious team player, and a generous contributor it took me some time (few days) to sign up for the recurring monthly contribution program back in Jan. so I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. But this is our last chance, I urge you to be one of the 1000 people we need for this effort.
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dixie
10-02 04:33 PM
The LC and I-140 petition are owned by your employer, just like your H1-B petition and can therefore be withdrawn at any time (if the advertised position no longer exists).
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
more...
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laksmi
12-06 10:54 AM
Increasing H1B quota may not be the good choice, US Economy needs stability in immigration, immigrants should be issue with GreenCards for pending AOS and thereby people can invest to buy house and stay in this country.
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pandu_hawaldar
05-10 10:07 AM
applies to me too, as I came in this thread to read this post :D
Thanks. I have fixed the typo.
.
Thanks. I have fixed the typo.
.
more...
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kumar1
01-15 09:55 AM
Interesting article! It reminds me of 2001-2002 time when getting labor approved was extremely difficult. It was tough for companies to prove that there is no willing and qualified US citizen in IT field to do the job. We saw so many labors getting rejected that time. Well, it is all coming back to haunt us.
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masterfender
04-27 09:28 PM
receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.
Thank you very much. I'm just too nervous about this. I want to get it over with this. Thank you for your positive supports.
Thank you very much. I'm just too nervous about this. I want to get it over with this. Thank you for your positive supports.
more...
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canleo98
11-11 09:56 PM
I renewed my passport from Indian SF consulate by mail. I had send my passport in Aug 2010 with Notarized supporting documents like photocopies of driving license and H1B. I did not notarize passport photos. I got my passport back after 5 weeks without any problem. Hope this helps.
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Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
more...
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waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
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grupak
02-06 11:46 AM
AFAIK you should be able to get the pay raise mid year even in a university, however you might have to file an amendment to your H1B if it is not the usual inflation adjustments.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
more...
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bestia
01-26 08:52 PM
What was RFE about?
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FredG
June 25th, 2006, 08:40 PM
If the bidding gets high enough, we'll work out the details.
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GCOP
07-11 01:37 PM
Can you clarify, is there any basis for this gloomy prediction ? I mean , how many people are in Line from Nov. 2001 and how many visa numbers are available every year for EB-3 (I). Let us hope for better, than your prediction.
Thanks.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
Thanks.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
brugen
08-19 03:47 PM
Send in whatever you do have available with a letter explaining why there is nothing more that you have available. While I know many do not like hiring attorneys because they are expensive, an attorney would be able to help you with the cover letter to ensure the best possible outcome from the USCIS. Good luck to you!
boreal
06-07 01:40 AM
I will keep you posted.
I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
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