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  • franklin
    02-10 07:43 PM
    My gut feeling would be in agreeing with what your attorney says regarding the difficulty with the same job description but differing EB category.

    However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.

    I guess you'll only really know if the tactic works when your EB2 LC is resolved.

    I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.





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  • mbkreddy
    09-20 09:50 AM
    NPRs market place full article can be found here
    http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/





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  • mallickarjunreddy
    05-19 07:29 AM
    I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded

    CBP --who is your manager
    XYZ -- Mr ABC who is based in atlanta ..
    CBP. hmmm.. can i have his phone #

    CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
    no call back # nothing ..

    meanwhile XYZ is asked to sign papers ..
    I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
    so poor xyz has no option but to sign and get a stamp on his passport that he is being deported


    Councilor access is a myth and so is trying to call and talk to the CBP officers
    and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench


    i can field any questions ...





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  • txuser
    03-12 06:27 AM
    You need to go to https://efiling.uscis.dhs.gov/efile/ and create an account for e-filing your petition.

    I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)

    When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.



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  • Heart
    10-09 02:40 PM
    from the immigration rules I got to know that if I-94 is near expiring, then an official from CBP (international airports only) can change it and provide a new one. HOwever, it it is expired, you have to cross border and re-enter to get a new valid I-94.

    I will write more as I get to know.





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  • va_labor2002
    09-24 05:48 PM
    About Rajiv Chandrasekaran

    Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.

    From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.

    Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.

    He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.

    Contact Rajiv Chandrasekaran
    The Washington Post
    1150 15th Street, NW
    Washington, DC 20071
    (202) 334-6000
    rajiv@washpost.com



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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • payur
    03-11 08:11 PM
    Ok, here is the response from my lawyer:

    "You can give back both but make sure that you have a photocopy in your
    file. Actually, the 2 I-94 cards have the same number."



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  • pranju
    05-30 04:48 PM
    Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now





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  • santa123
    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts



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  • USDream2Dust
    09-24 02:14 PM
    Recently I heard about RFE on medicals for some of my friends. All of them who got RFE on medicals, entered US using AP.

    Do you had any travel outside US and used AP to enter?

    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.





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  • logiclife
    08-21 06:07 PM
    Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.

    While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.

    For this, there are 2 solutions:

    1. If you are already with this employer:

    If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.

    You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.

    2. If you plan on joining an untrustworthy employer in future:

    When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.



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  • chantu
    08-21 10:36 PM
    Again, no problem at all. My parents will come after 1 year after getting their visa. It is same case with me. But make sure that when they come, they should not overstay beyond six months or whatever I-94 date.

    Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.

    One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.





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  • kaarmaa
    05-04 06:07 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?

    No.

    I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.

    I-140 can be used to reclaim the old priority date.

    Please consult an attorney. I have knowledge limited to my case.



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  • rbritt1268
    December 21st, 2007, 08:48 AM
    Thanks for this Jason. I've often wondered why Olympus and Pentax haven't stepped up and gotten in the dslr market with the other big boys. My first camera was a Pentax K1000 (which I still have) and it was great. When I first decided to get into the dslr game myself I was disappointed to find so few choices of manufacturers.
    It's good to see Olympus getting in the game. They've always had a solid product and I'm sure they will work out their design flaws.

    receipt date on transfer notice [Archive] - Immigration Voice

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  • ramus
    06-29 12:50 PM
    I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.

    Anybody got chance to hear to NPR today?






    If anyone is interested in finding what other groups are doing:
    Reminder: Today, Friday, June 29, the Coalition for Comprehensive Immigration Reform will be hosting a nationwide conference call at 3:00 PM Eastern time to discuss the implications of yesterday�s Senate vote. If you are calling from a land-line, call 1-888-341-6639. If you are using a cell-phone, please call 1-641-594-7000. The access code for both numbers is 65777554#.
    ===============
    If you find some helpful information, do post on the thread.



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  • aachoo
    10-13 03:09 AM
    This is a vaccine for a disease that is not communicable. Look at all the other things they ask you to check- TB, HIV etc.

    Suddenly USCIS is so concerned about our health, they need us to take vaccines for some almost experimental drug to avoid one type of cancer.

    What next? We are mandated 30 minutes aerobic exercise a day?





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  • minimalist
    08-18 04:09 PM
    Thanks for the reponse imm_pro and kopra.

    Hi Kopra,

    My wife will be returing beack from india in mid october :(...


    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.





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  • Toxic'
    May 20th, 2005, 11:59 PM
    Well I seem to have run into more confusion...

    I've updated the firmware to 2.0 and I'm not sure if its changed the menu in the D70 or not but I was looking up the "exposure bracketing" that you suggested and on page 88 of the manual it shows (in the top image) the "Menu" opened with the (i believe its the Details tab, it has the small pencil), and then it shows the "12 BKT Set" titled at the top... followed by the Flash & Exposure settings below it... My menu doesn't show any of these... infact alot of my menu looks different than the manual since the update, which if I'm not mistaken was one of the updates within the firmware. Only now I don't know where to find what the manual shows.


    Toxic'





    jonty_11
    06-28 12:22 PM
    What is IV core plan now that CIR is dead, are we going to pursue our agendas separately from the CIR now..?





    pady
    09-28 04:12 PM
    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand



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