Friday, June 10, 2011

beluga whale

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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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  • Honda
    09-08 11:40 PM
    Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.

    Congrats...




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  • theperm
    05-07 06:51 PM
    bumping up




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  • Imigrait
    09-07 01:31 PM
    I was in the same situation as you when I applied. In general, there should not be a problem with MS+0.

    Another alternative is to show the experience gained at your current employer in your application. For that to happen, you should've been promoted to a position in which ur exprience is 50% same as your old position, then you can get an affidavit from your manager stating this fact.
    This is what we had done for my traditional labor. I believe it still holds true for PERM, suggest you talk to the company's lawyer.

    Could you explain that a little further?
    When you say "experience is 50% same" does that exactly mean how you said it OR does that mean "experience is at least 50% same" OR "experience is at the most 50% same"?

    Thanks.



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  • tabletpc
    12-15 11:54 AM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,




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  • A eluga whale exhales a


  • tinamatthew
    07-22 11:03 PM
    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant

    Thanks



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  • theOne
    09-05 03:43 PM
    I have GC for about a month now. I plan on taking up Corp-to-Corp, Independent, 1099 and W2 contracts. For corp-to-corp contracts I would like to incorporate a company if I can save on taxes over the 1099 contracts. I am also
    in the process of engaging a CPA. Do you advise incorpating a LLC or S-Corp or a C-corp ?

    Thanks,
    theOne




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  • Beluga Whales, now 25%


  • gapala
    07-09 12:33 PM
    is'nt an Advanced parol document a re-entry permit ???

    USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

    Hope this helps.


    1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

    2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


    3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

    The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
    NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.



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  • ram_ram
    06-08 02:16 PM
    Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..




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  • Beluga whale (Delphinapterus


  • eb3_nepa
    07-29 06:46 PM
    CHC speaks only for illegals...
    they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.

    They will never come onboard for legals..we have to fight our own battle.

    So individual constituents on this forums can have personal views..

    Yes, but we do not represent the CHC, nor are we in any way affiliated to them.

    Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.



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  • Libra
    11-15 11:32 AM
    bumping....




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  • leo2606
    07-29 01:09 PM
    Old Pork Chops asked:
    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?

    But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).

    So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(

    Any way I would like to be out of this thread.

    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)



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  • cram
    09-22 01:08 AM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?

    >>>bumping>>>




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  • [Agencies]. Aurora


  • chanduv23
    04-13 10:43 AM
    You are very correct. For them immigration issue means, family based greencard system. They will be happy if EB greencard is eliminated so that all greencards are given to their families.

    My friend contacted such organization and they said that they will help us by putting our issue on their website. For that I should ask IV to contribute to their cause. They refused to contribute anything or do anything for IV. They said that by putting IV's name on their site, they are doing us a favor by enhancing our profile and that is a big help. I am now repulsed by such ABCDs.

    This is so much in contrast to hispanic orgs or Irish orgs or jewish orgs who care for their people.

    yes, our community is divided. The main reason is, all these years, majority people used short cuts methods or got lucky or effortlessly immigrated and jumped to the other side. Things were not so tough for them as compared to us and we are competitive. They hate us for being competitive so they influence the law makers and the results is obvious EB green card is 10% and FB system is bringing in 60%. They take advantage of the the H1b system to live on us and influence the policies making it tougher.
    We are better off not seeking their help, but if people think otherwise, go for it. A lot of these organizations are formed for convinience and self interest and they really do not have any interest in the community as a whole.

    Take example of ATA and TANA. ATA is called American telugu Association and TANA is called Telugu association of North America. They say ATA is for Reddys and TANA is for Khammas.

    Look at the Gujjus. They are strongly bound their community only. Look at all the Tamil sangams, Kannada Sangams, ......

    I am not blaming them, but just saying that their agendas are not ours. We may be better off not spending time with these people.



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  • peer123
    04-10 01:40 PM
    My wife's company also applied for my 485 application, in that case can she apply for EAD for both of us also?..

    I already have EAD for both us from my company,...




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  • punjabi
    02-22 07:19 PM
    Hi Kris,

    Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.

    Thanks.


    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps .....kris



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  • puskeygadha
    05-22 10:15 AM
    Hello -

    if they are to terminate concurrent filing. How long would it take for
    the rule to take place. This includes 2 months comment period and all

    Thanks

    P :)




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  • Beluga Whale. Created on Day 5


  • chris9902
    06-09 05:43 AM
    how can you make a site that bad

    i can't make ground-breaking sites but i don't think my brain could make something that total ****

    SOUL all the way

    PS: love the midi can you send me it:-\




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  • FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)




    makemygc
    07-18 12:12 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?

    I edited my previous message as I do agree I sounded negative but that's not what I mean.
    Some of my suggestions:-
    1. Creating a petition and getting it signed by more than 10000 victims stuck in BEC and sending it to relevant people in congress and USCIS.

    2. Doing a rally in NY, Sanjose etc.

    3. Working closely with USCIS and IV core and see how we can improve the situation.




    days_go_by
    08-23 04:52 PM
    in EB3, EB2 and EB1
    --
    140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
    And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
    So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
    If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
    Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
    But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
    Please correct me if I am mistaken.
    Regards,
    dgb.



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