Wednesday, June 8, 2011

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  • ragz4u
    02-03 11:13 AM
    If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.

    Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)

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  • deepakjain
    01-08 09:18 AM
    Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
    NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.

    Just my thoughts.All the best.

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.


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  • immi_enthu
    08-20 06:10 PM

    Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.


    are you referring to this :

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  • champu
    02-19 06:21 PM
    Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)


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  • thesparky007
    04-24 12:09 AM
    i edited it kirupa!!!!

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  • jungalee43
    02-28 04:46 PM
    I am joining for sure. Members please respond.


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  • Nikith77
    12-17 11:13 AM
    Dude wakeup, this is a old story. please read all the post before you create a new one.

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  • pxkuma
    04-07 08:20 PM
    There is absolutely no reason to fear. I also work for a TARP recipient. In January, I received a 3 year extension beyond the 6th year.

    I went to Toronto last week for my H1B stamping. At no point of time, did anyone ask about TARP or any ramifications related to it. All talk of no H1B extensions beyond 6 years is absolutely false. Also, I can't imagine the BofA case rejection to be true either.


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  • guitarzen
    09-13 10:13 AM
    still waiting for a reviews!

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  • irrational
    10-06 04:21 PM
    We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

    PD: Feb 14, 2005.

    I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

    Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

    Please help! :(


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  • indian111
    07-28 07:47 PM
    It takes roughly 20 business days. We just got ours.

    Hi Sumkam,

    Can you let me know if you e-filed or paper filed?


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  • jawbreaker
    12-12 05:05 AM
    Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.


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  • horscorp
    02-06 08:29 PM

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.


    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.

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  • dskhabra
    12-05 09:55 PM
    If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
    You might get some idea of job description from the documentation you filled for labor but again will not be exact...


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  • abhishek101
    10-22 05:29 PM
    let's hope we see something, after 10 years in the GC process I am still 5 years off :( .

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  • vishwak
    08-05 02:14 PM
    I think he should consider awarding citizenship to LONG waiting GC applicants. :D

    Nice one.....lets wait and see.


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  • bestin
    06-18 08:49 PM
    I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.

    140 filed under EB2.

    I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.

    I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.

    Pls throw in some light.

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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?

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  • gparr
    July 18th, 2004, 07:41 AM
    My apologies if everyone is sick of looking at my flower images. This bloom is from what we call spider plants. They're a unique very open bloom with just a few petals and long stamens/anthers. Separating out one bloom and getting enough DOF proved very difficult to impossible. Would appreciate any suggestions.

    11-11 12:36 PM
    Priority Date Current: Curse or Boon ?

    I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.

    Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because

    You can not get 3 yr H1 extension if PD is current (only 1 yr).
    You can not get 2 yrs EAD if PD is current.

    So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.

    They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.

    You have waited for 9 years, just extend H1B one more time and you will never have to do that.

    Good luck.

    03-05 09:18 PM
    Wells Fargo might not be as bad as Citibank but is far from being considered as a stable bank.

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