Tuesday, June 28, 2011

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  • chunky
    08-28 09:08 AM

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  • Robert Kumar
    03-02 11:14 AM

    Previously worked in a Supply integration company A, and EB3 job desc shows role as a consultant "responsible for ERP implementaiton with some programming experience".
    In that role later, Lets say I've performed Network and Systems Administration ALSO.
    So I have a mix of all skills at the end of 10 years in the company.

    Now if I get an opportunity from a company B that needs experience in Network Administration and some pre-sales (internal to the company),

    1. Will I qualify to do the job and be under "same or similar category" to be AC21 compliant.
    2. Can Company B file an EB2 and use porting of date.

    Please advise

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  • GCPagla
    02-20 01:10 PM
    I am already working on EAD. I have got an employment offer from a big fortune 500 firm as a lead technical analyst. The offer is too good to miss. I am trying to understand in my job will be "same or similar" while my job responsibility was "programmer analyst" in labor certificate and i would get a job as lead architect. Following are some more details about may labor doc.

    a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
    I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
    Morever my new employer will not provide me a Ac21 portability matching my labor cert.
    My role responsibility is following as per labor cert.

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    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.

    Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?

    Thankis in advance.

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  • ivgclive
    06-15 11:34 AM
    My AP was approved while my wife's it was denied with reason "there is no pending I-485". My PD is 22 Nov 05 which is not yet current so I don't understand why they denied derivative spouses petition while mine was approved. We had an interview back in January and everything went on well there. Did anyone have similar issue? What are my options? I do not want to spend money and file for motion to reopen.

    Thank you.

    Did you send copy of I-485 receipt of her petition on the supporting document package?


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  • Daisy
    08-31 01:59 PM
    Count me in. Sent the mail too.

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  • DareYouFireMe
    02-11 07:15 AM
    My friend has I-140 Approved Petition under EB3/Dec 2002.
    Another employer offered him an approved Labor (EB2/July 2006) which enables him file I-140 immediately and upon I-140 Approval, he would file I-485 using his existing Priority Date (Dec 2002) along with H1B extension (Attorney advised him not to file concurrently as it may confuse authorities).
    He is in the 8th year of H1B.

    How risky is this business if skills on approved Labor are not fully matching with the resume?

    Also, the new company offered him to join only after I-140 approval. Not sure what are the things scrutinized at I-140 and I-485 stages.


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  • smarth
    05-04 12:45 PM
    I am working in company 'A' on H1B, Green card is processing from company 'B' as future employee. Got EAD.

    The job is getting over from Company 'A'.
    Can I use my EAD and can stay in US with out working to any company?
    Will there be any issues if TAX is not paid when I am not working.
    If i work part time then on do I need to work for company 'B' only?


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  • little_willy
    09-15 11:45 PM
    �Every day I live I am more convinced that the waste of life lies in the powers we have not used, the selfish prudence that will risk nothing and which, shirking pain, misses happiness as well.�


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  • alisa
    06-21 01:12 PM

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  • rodnyb
    03-03 01:12 PM
    http://kpkgs.com/files/The_Employment_Based_Green_Card_Process_and_the_Dr amatic_Negative_Impact_of_Country_Based_Quotas_on_ persons_of_Indian_Origin_Feb_20102.pdf

    Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000

    The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
    Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.


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  • gdhiren
    09-07 11:28 AM
    Let's go folks. This needs to stay on front page at least whole day Today.

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  • lostinbeta
    10-07 12:26 PM
    And lips :P Defacing your girlfriend...tisk tisk....


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  • JunRN
    10-05 04:54 AM
    YES! EAD is your license to work for any company, even for those not sponsoring you. It doesn't matter if your i140 is approved or not, you can work with EAD and that is legal.

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  • fromnaija
    04-14 05:20 PM
    If she entered without inspection she will have to process her green card in her home country unless you can get a waiver. But if she came here legally and her I-94 expired you may be in luck. You will have to file I-130, and I-485 for her. You will also have to submit I-130 for her son who will apply for an immigrant visa in Nicaragua. You may want to talk to an immigration attorney who will be in a better position to direct you on this.

    Also this forum is mainly targeted at employment-based immigration and you may not get answers here for a family-based immigration issue.

    Good luck.


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  • saileshdude
    09-08 04:57 PM
    Can anyone tell me an effective way to contact congressman and senators office. I left voicemails to their respective persons handling immigration matters but haven't heard from them. Can anyone tell me if there is a more effective way to contact them?

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  • TomPlate
    07-05 02:09 PM
    All can file I-485 now. please go through this link.


    Finally feel happy


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  • papoopager
    04-03 01:09 PM
    It is possible. There is a relatively unknown technique called TT (abbreviation for Time Travel) which is also relatively related to relativity. When applied correctly, it is more effective than PD recapturing and labor substitution. That's how I got my green. If you like to know more, PM me and we can discuss my consultation fees and then see if TT is right for you.

    You are right , its possible

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  • qplearn
    08-23 06:29 PM
    My case is filed in EB-2 although I am eligible to apply in EB-1.

    When I filed, there was no retrogression for India, and so it made no sense to apply in EB-1.

    Does anyone have any suggestions?

    My PD is Dec 2004

    and I have a 140 approved.


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  • Chicago Desi
    01-18 11:03 AM
    Is there anyway to get H1-B extension done fast ?
    Using Premium Processing or anything like that..??

    Please share your thoughts.

    Yes there is. I paid for mine and got approval in 10 days. I did that because I did not want to wait.

    03-27 03:31 PM
    You do NOT need to have an H4 visa stamped for change of status to H1, as long as you have a valid I-94. Don't worry.

    05-08 10:18 PM
    I worked under H1B (valid 11/02/2009 - 10/14/2012) with nonstop paystubs since 11/02/2009.

    On 08/02/2010, some bad girl just wrote one short sentence false statement to USCIS and cancelled/revoked my H1B on 08/09/2010 secretly since she didn't notify anybody about what she had done. She also ignored 2 USCIS letters (dated 08/13/2010 and 02/04/2011 respectively) regarding the H1B cancellation.

    When I was going to join a new employer in March, I was told that my H1B was "inactive" and "retracted" by USCIS. the bad girl subsiquently filed a H1B petition with nunc pro tunc requirement for me but USCIS only approved I-797B with validation period 04/14/2011 - 10/14/2012 without I-94. I have to get H-1B visa from a US consulate.

    Will I be subject to 3 years ban?! Technically I have been OOS since 08/09/2010, however, I have been paid without any gap since 08/09/2010. I have nonstop paystubs since 11/02/2009. I am still being paid. The next paystub will be available on next Friday.

    Will I be subject to 3 years ban?! Can I apply for a visa back?! Can I file a criminal charge against this bad girl?!

    I feel hopeless until found this forum! Thanks for your helps!!!

    Life is uncertain

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