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nuke

07-29 11:39 AM

How do I start a new thread?

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abracadabra

07-16 02:02 PM

Interesting, in that case we all are approved :)
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.

He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

:-) May be NSC approves application :-) as practically NO ONE can stop them..

Again this is based on my call to actual live human being at NSC..

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mirage

07-11 01:29 PM

1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in

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cinqsit

01-23 12:27 AM

If your company is paying why not go to India. If you have all the necessary paperwork, proper letters and your company is willing to provide any other documents like tax returns etc if needed stamping in India would be easier (they always prefer you go to your home country I guess its easier for them to evaluate and process your case) that being said I have had my H1 stamping done in Canada (because the company that I worked for didn't want me to be away from work more than a week), I had two done in India (both were a breeze) I have never been to Mexico for stamping so
dont know

Good luck!

cinqsit

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alex99

09-28 09:03 AM

Can the employer sue me with a Faxed copy(Signed by me on the Company Letter head.

Is this a Valid Legal Bond?.

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s_r_e_e

08-07 05:35 PM

We did my wife's h4 stamping when landed in canada for PR. this was 3 years ago..

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eb3_nepa

02-03 12:36 PM

Hi guys,

Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.

Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500

Dear Mr. XXXX :

Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.

Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.

I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .

Sincerely,


Arlen Specter

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franklin

02-13 10:49 AM

That is not true. It CAN count... according to PERM guidelines (from murthy.com):

"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

Also see this:

http://www.simmonsungar.com/rirchecklist.html

"Experience Gained on the Job

PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


Interesting! Thanks for the correction

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a_to_z_gc

09-12 03:17 PM

Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?

i got mine in 1 week after the ckecks were cashed and RN mailed.

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vikram2101

08-02 12:35 PM

My PD is Feb 2002, EB2 and 485 ND: 06/15/2007

I renewed my EAD last month believing that it may trigger GC approval.
Today i received my EAD renewal for 2 years. Expiry date is July 25, 2010

Having oldest PD and receiving 2 yrs EAD, is it a good sign or bad? Please let me know.

Thanks


I suppose your pd has been current for a while now. are you stuck in name check ? do you know why your 485 approval is taking so long ? I'd say you should be getting your GC rather than the ead card.

And why does your public profile say Labor Approval Date: 05/10/2005 where as in your post you say PD is Feb 2002.

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murthy0103

09-08 12:13 AM

Can I get the receipt information from USCIS by calling customer service and giving the h1 receipt number?

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Almond

07-17 07:47 PM

Almond I agree with you completely...I am not against questions being asked or answering questions...This community has been helpful to me in the past and I would be more than welcome to lend support....but a little effort would'nt harm....

There is a saying "SEEK AND YOU SHALL FIND...." No matter how old the information its always possible to dig it out...not only using this forumn search but also google search....I just hope people try and seek before ..that's all

But, but it feels so much better to come to a community of people who know exactly how you feel and are going through the same motions :). I think we're both right to some degree. I also believe that people do what I do: post the same questions on about 5 different forums and look it up at the same time and then gather as much info as possible. I don't mean to kiss my own butt (Ok I do) but THAT is being resourceful:D

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diptam

07-05 08:56 PM

I do NOT understand about AILA's lawsuit if the packages don't come back.

But as long as you can reproduce the Originals you should be able to file
485 again if your PD becomes CURRENT - Why Not ??

Is there any law which says that unless you get back 485 rejected you can't
file again. I dont think so.

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mdmd10

08-29 08:37 AM

yes...good idea! If those ignorant buffoons from NumbersUSA can spread false propaganda...why not spread the light.

The truth will set everyone free.

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saps

01-26 12:02 PM

I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???

Can someone please confirm.

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gc_check

05-01 10:19 PM

Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.

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gotgc?

02-20 01:47 PM

I have the same issue...my original DOB is different from whats in all my offical documents....local muncipality in India had my birth certficate with original DOB...I said we dont have birth certificate at all...so, they issued me certificate of non-availability....this should be easy to get....

if you submit the original one with different DOB than whats in the passport, it will screw up the whole thing.....

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harivenkat

05-05 12:16 PM

Immigration bill would bring Arizona-style law to Pa. - Salt Lake Tribune (http://www.sltrib.com/ci_15017379)

Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 05/04/2010 10:43:28 PM MDT

A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.

If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.

The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.

Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.

The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.

"What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.

Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.

Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.

But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.

Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.

Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.

But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."

There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.

"You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."

Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.

About the bill

If passed, House Bill 2479, would:

# Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.

# Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.

# Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.

# Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.

According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.

Click here to read the full proposal.

Political outlook

In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.

Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.

But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.

State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.

"It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.

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malibuguy007

10-02 01:05 PM

$250 so far in less than 24 hours. Hoping to do better in the next 24........

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Gator

04-09 11:38 PM

On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".

According to the attorney, the RFE was responded to with necessary evidence.

On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.

Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?

Please advise.

Thanks

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EB3_SEP04

07-16 04:40 PM

No it is the same company

First of all congrats!

My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

http://www.onetcodeconnector.org/ccreport/15-1021.00

The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).

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