Thứ Năm, 9 tháng 6, 2011

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  • aau
    07-16 10:36 AM
    In the article. It also says that

    "
    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know...

    Hey,

    Do you have access to the entire article? Could you post it here please..




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  • chris
    08-21 02:49 AM
    My case was transfered to Vermont. (Same reason they gave " Speed up processing :mad: ).


    USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)

    History of events

    July 21, 2007: Filed I485 with NSC

    Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC

    July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"

    Aug 14, 2008 : Case Transfered to TSC : No reason given.

    Anybody in same boat ?




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  • snathan
    05-08 10:23 PM
    We are all paying tax for years and the way USCIS works...we would get the GC only by next birth. This is very ridiculous rule.




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  • jsb
    08-21 09:38 AM
    still waiting
    I am not far behind you.



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  • dhirajgrover
    08-10 12:51 AM
    What's the current status?




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  • eb3India
    04-09 01:02 PM
    He always does address illegals, remember we are taking piggy back ride ;) with illegals, itz 12 milllion/pound gorila if you tackle them it means it tackles legals,

    guys once again, just understand the ground reality, illegals and legals are in same boat there will not be any bill addressing just legal issue or illegal issue, comprehesive reform is the only chance we got, which addresses both issue



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  • smuggymba
    11-30 01:21 PM
    As per the document:

    total EB2 visa available: 40040
    Grand total of EB2 pending: 33850

    So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.

    Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.

    Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.

    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.




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  • rheoretro
    09-18 03:06 PM
    Folks,

    What does that link have to do with research scientists and professors?

    RR



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  • eb3_nepa
    02-24 01:25 PM
    http://www.aila.org/content/default.aspx?docid=18639

    Could NOT see the document though




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  • sushilup
    08-19 03:50 PM
    Rajarao,

    I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
    Did you c a update online or you just recived the RFE with no online status change.
    Good Luck to you.
    Thanx
    I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
    a. medical records with child and both parents name
    b. hospital records with child and both parents name
    c. census records with child and both parents name
    d. school records with child and both parents name
    e. religious records with child and both parents name for naming ceremony.

    I do not have any of them, at the most the school record is 10th grade with only fathers name.
    Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


    --------------------------------
    EB2- India/
    PD: June 2004
    RD; July 1 2007



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  • joelly
    04-17 06:12 PM
    :eek: I don't get it.

    How can someone call themselves anti-immigrant? Those people who belong to the Anti-Immigrant group is actually an immigrant themselves somewhere in time.

    We all surely knows who is native american, right?

    Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..




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  • Nikith77
    01-20 02:50 PM
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  • sertasheep
    07-05 05:39 PM
    ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.




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  • raysaikat
    03-06 05:47 PM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.

    The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.

    Here is the exact language of the law from 8 CFR:

    "(iii) Criteria for H-1B petitions involving a specialty occupation.


    (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:


    ( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;


    ( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;


    ( 3 ) The employer normally requires a degree or its equivalent for the position; or


    ( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.


    (B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:


    ( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,


    ( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,


    ( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and


    (C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:


    ( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or


    ( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."

    More from USCIS:
    USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)



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  • The7zen
    03-24 05:54 PM
    H1 transfer will bring you back on status...

    do you mean to say goto any employer whoever gets job?
    i doubt you have any other better options.....




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  • ImmiLosers
    12-23 09:11 PM
    I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.

    What does that mean? Have you used AC21 or it is not necessary.
    Secondly, what about the job description match up?



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  • sac-r-ten
    02-23 09:12 AM
    hi anu,
    are you going to upload the last thursday's call on the wiki page?

    thank you




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  • scabal12
    06-12 06:56 PM
    Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.




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  • pappu
    01-09 11:56 AM
    Come on fellas, I need your input.

    Could you update your profile please. Your profile says you are from Afghanistan and other details are missing.

    The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push and we can work on it.

    Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.

    Good you posted this thread. Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?




    ns33
    03-12 03:35 PM
    refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
    Also, refiling could be required if your job categories are changing. from technical to managerial or so.




    ndbhatt
    06-23 12:11 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.



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