Thursday, June 9, 2011

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  • kumarc123
    11-06 03:34 PM
    with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
    However there is a silver lining:
    You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.

    Hi there,
    I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
    My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
    Please advise.
    I thank all IV members for their support and help.




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  • santb1975
    02-15 05:41 PM
    I will keep you posted on how this goes.

    May you have plenty of supporters coming your way.

    I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.




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  • paskal
    08-27 01:50 PM
    Please be good enough to join your state chapter
    We need all members' help if we are to succeeed.
    I hope to see you in DC, but there is much to do even before!




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  • gc_wow
    09-16 10:43 PM
    This lou dog has done much damage to our community, firing him from CNN or removing his sponsers is not going to do much. He will go to another channel and life goes on. Get this guy on our side and make him tell our story. When the dog barks point it towards enemy.



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  • aj1234567
    09-27 05:04 PM
    Hi Gurus-
    One of my friends had received strange letter from the consulate saying that

    We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.

    With this letter we are returning your passport. no additional information or documents are required from you.

    We will contact you once a final decision has been made on your application

    Please advice me why they send this letter and what necessary action we need to take..


    Thanks
    Aj




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  • sriramkalyan
    05-18 11:28 AM
    I am scared to death .. I have EAD ...hELP .. cAN I WORK FOR 2 COMPANIES.
    Can i move around the jobs ..Please i can't sleep ... all night i am just peeeeing.

    Looosers



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  • vad
    09-17 11:53 PM
    Arnets reply is pretty comprehensive.
    The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:


    vinay

    disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.

    I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....

    they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.

    some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...

    they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).

    writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.

    if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).

    they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.

    regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.

    but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.

    good luck....:)




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  • spam
    01-04 12:08 AM
    Hi,

    I just joined this forum. It really looks neat for just 4 days of existence..

    In my view, we need to really differentiate this forum from lot others out their, the name of which I don't have to mention. One way of doing that would be making this an "action forum" than another information forum. As a starting point we should have clear vision and mission statements.

    Vision should be strong and action oriented. Not like "helping the immigrant community." I would propose " Inspiring/Organizing legal immigrants to realize/understand their rights and play their part in securing/achieving them.." or something like that.

    Mission statement should be the priorities (again actions/tasks/goals) per year, set in the beginning of every year..

    I propose the following for this year:

    1. Making sure Retro relief is put in and passed in the Immigration reform bill
    2. Identify and tie-up with at least 2 high power partners
    3. Some relief for people affected by FBI name check -- This could be long shot, but I am putting it anyway because it is close to my heart:-))
    4. Others..

    I will stop my onslaught and get ready to hear your good/bad comments..

    Thanks



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  • ItIsNotFunny
    10-13 03:25 PM
    Doesn't matter casuals or formals.

    Casuals - most of the IOs don't mind.

    Formal - everyone likes it. I would rather go for formal to be on safe side.




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  • trueguy
    12-11 01:43 AM
    In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

    As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

    The problem with this approach is that:
    - It is not FIFO
    - EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

    Here is how:

    Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

    So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

    When time comes to roll over excess EB2 ROW numbers, two things happen:
    - Already substantial use of EB2ROW numbers make few numbers available for roll over
    - Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

    The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

    If USCIS followed FIFO, then the following would happen:
    - USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
    - This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
    - When time would come to roll over numbers not used by EB2ROW:
    - A large pool number of excess visas would be available
    - A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

    As a result, old cases would be assigned visa numbers and backlog would be reduced.

    Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.


    Very good points. I can't agree with you any more.

    The question is how do we raise it as an issue so USCIS follow FIFO.



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  • fromnaija
    07-18 06:54 PM
    I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?




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  • manishcp
    09-21 07:00 PM
    Thanks for information.
    Manish



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  • sreedhar
    11-06 10:22 AM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------

    Why you worried about PDs...Yours is 2007....have to wait several years.:D




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  • easygoer
    02-09 02:38 PM
    NCR Region

    Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
    Project Manager (10-15yrs exp) - 10-20 lakhs

    Above this level, the jobs are far and few, but some are
    Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs

    Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.


    Information based on many well placed contacts at these levels.


    Thanks ssdtm! You gave useful information



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  • mambarg
    07-27 06:58 PM
    Is your question about Approved 140 or Pending 140.
    I am also curious to know.
    As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
    Bad but what can we do ???????




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  • munnu77
    04-15 03:21 PM
    Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
    if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
    Contact an attorney, i am sure there is a way out.



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  • spicy_guy
    04-26 12:24 PM
    we live in Chicagoland. PM me if you would like to talk.

    Hi Evildead,

    Can you check your PM pls?




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  • nixstor
    12-01 05:19 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    My job duties haven't changed a lot. I hear what you are saying. I sent an email to the lawyer asking what kind of issue I might have if any. She is out of town for a week unfortunately. I just wanted to get some input mean while.




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  • santb1975
    02-16 10:04 PM
    ^^^




    GCKaMaara
    11-26 03:14 PM
    there was nothing to be so touchy in those two lines of mine!

    He he he. Remember your first year after birth and follow the same practice (you didn't speak during that time :)).




    winguru
    09-16 10:51 PM
    Done



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