Sunday, June 19, 2011

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  • buffbloke
    02-27 11:07 AM
    One of my friends H1 was denied recently for not having Masters.
    Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
    Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!

    I guess only option at this point to appeal and go back to school and get Masters!

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  • gc_chahiye
    02-17 09:41 PM
    U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...

    can you post a link to some website to back up that statement?

    From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
    2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?

    If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.

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  • yabadaba
    06-22 11:27 AM
    POLL: Where Will You File Your I-485

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  • immigrationvoice1
    01-31 09:36 PM
    Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?

    In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?

    I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.

    Please correct me if I am wrong with the above.


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  • raju_abc
    07-23 11:18 AM
    Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...

    Its Pittsburgh , PA

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  • nozerd
    11-21 12:22 PM
    HELLO ! Emilio Gonzalez, USCIS Director is Cuban American. Its probably his parting gift for "his people".
    Cuban Americans are very strong Republican vote block. See new TV serial "Cane" on CBS to get a sneak peak into the community.


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  • villamonte6100
    08-10 05:20 PM
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    When you get approved, does it mean that you have to go for an interview?

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  • TwinkleM
    07-15 02:04 AM
    Thank You sbmallik for your response.

    Attorneys, would appreciate your inputs on the above questions...


    Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
    1) Would this be a problem in his GC journey?

    2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)

    3) Will he need to get out of the country while we file his H4 other then stamping?

    4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?

    Thanx in Advance


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  • andycool
    08-28 06:49 AM
    Any one get refund from USCIS ??
    I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

    any one sent letter for refund before ? do we have any form for refund ?
    How this will work out ?

    I dont think USCIS will issue refund ....

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  • ArkBird
    07-29 05:23 PM
    Are you looking for specific language? How was similar defined from your attorney?

    Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:



    Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.


    1. Bachelor's degree in Computer Science.
    2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.

    The new job is: Director of Software Development

    � Execute the company�s technology architecture and strategy.
    � Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
    � Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
    � Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
    � Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
    � Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
    � Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
    � Travel approximately 25% of the time to both in-country and international destinations.
    � Perform other duties as assigned by the VP of Software Development

    Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development

    Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system


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  • perm2gc
    08-02 02:22 PM
    You probably meant to say that you are NOT an immigration lawyer. Correct?
    Yes..sorry for the Mistake

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  • ajju
    08-31 06:21 PM
    Dear friends

    I'm very excited to say that I got my green card approved. Thank you for all of your support.

    My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.

    This is how we can build a better Immigrant Community...


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  • srsrsr
    07-20 10:23 AM
    Im also in same situation. My PD is Nov 2004(EB3) and I-140 approved.
    I'm unmarried(might take 6 months to one year to get married) What if my 485
    gets approved before marriage? what are the risks in applying now and later?
    Please help.

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  • somegchuh
    10-30 05:17 PM
    [Apologies for the cross-post]
    Since there are lot of ppl here who have had EAD/AP for years ...
    Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?



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  • perm2gc
    11-08 07:57 PM

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????

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  • indyanguy
    08-03 12:05 PM
    I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:


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  • roseball
    03-29 08:31 PM
    This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485

    In addition, with the economy picking up, I believe there will be a lot more people who will be porting their old EB-3 I PDs by starting a new Eb-2 case....effectively consuming more EB-2 I numbers but with no forward PD movement.

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  • actonwang
    06-16 02:05 PM
    it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(

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  • grupak
    08-11 10:12 AM
    Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.

    wandmaker is correct.

    Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.

    In any event, should call USCIS to confirm change of address on pending applications.

    09-16 04:44 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    07-20 08:54 AM
    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

    this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
    You must only go back IF AOS IS APPROVED within 180 dyas from filing.

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