Saturday, June 11, 2011

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  • srinivas_o
    08-22 02:54 PM
    Bump





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  • chaukas
    10-21 12:03 PM
    We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
    The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.





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  • mhtanim
    12-15 01:57 PM
    With a bachelors degree and 10 years of experience (ignoring the CA Certification/License), I do not see why you would not qualify for EB2. To qualify for EB-2 it is not always a necessity to have a masters degree.

    Generally, if you have a bachelor degree and at least 5 years of experience, and as long as your future job/position for what your Labor Certification will be filed requires either a Masters degree or a bachelor degree with 5 years of experience, will qualify you for EB2 category.

    "Generally, a bachelor's degree plus five years experience with another employer could qualify for EB2, if described correctly under the current U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Labor (DOL) interpretations for the EB2 classification."

    Source: http://www.murthy.com/lc_faq.html





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  • CaliHoneB
    01-12 05:14 PM
    Thanks a bunch! I appreciate you replying to this. it certainly relieves some of my stress.

    Cheers


    I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.

    One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.

    Non -verbal communication works well sometimes. It worked for us.



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  • airbusfan
    06-02 12:09 PM
    Airbusfan
    I had sent you a private message yesterday. .
    Without verification we cannot give access to anyone.

    Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.

    Ryan, Thanks for responding to the PM.

    Thanks Pappu!! I just messaged you my cell number, I think you tried to call me, but am in meetings all day today





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  • serega
    04-21 11:10 AM
    I'm in the process of convincing my FinAid rep that I am eligible with only EAD/I-485 pending/A# (no I-94 w/parolee stamp). It worked for a secondary verification for my mortgage guaranteed by USDA (Agriculture Dept.). They use the same USCIS SAVE system for verification. The truth is no one knows how to do this. My FinAid rep admitted to never having to do this. What happens when they institute a secondary check thru SAVE is it only says EAD valid, so all it does is verify your status, but does not actually notify the agency that you are eligible for any benefits - it says so in the system rules/regs. But USDA thought that was the green light to approve me for benefits, so now I'm eligible for no down payment/low-interest mortgage. I'm trying to pull the same stunt with college. They said they will consult Dept. of Ed, so that may not work. But you need to sound convincing and not fall for their ignorant BS, until they have it clearly figured out and ask you for an I-94 w/parolee stamp valid for more that a year. Truth is, none of us will ever get a stamp valid for more that a year, since AP is given in 1 year increments. But FinAid reps almost always fall for near-1-year validity of the stamp and cave to your pressure. So keep working at it until you get what you want. That'/s what I intend to do. Once you are approved w/documentation for first year, you never have to go thru the exercise again with that school, since the school ultimately decides whether you are qualified. Good luck, and I'll post my progress.



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  • dionysus
    03-18 02:32 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?





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  • Star Trek Enterprise



  • gcdreamer05
    11-14 03:03 PM
    Hello guys,

    I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.

    I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".

    What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!

    My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.

    Anyone got the same thing? What can I do here?

    that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)



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  • 485Mbe4001
    09-27 01:45 PM
    I suggested the same when i met with the congressmen. There should be a MAXIMUM processing limit, it is unfair to suck our blood till eternity. They understand but cannot do anything without a consensus.

    Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:

    With the way things are going, it might soon make more sense to be illegal anyway :D
    Maybe our message needs to be

    CONSIDER LEGALS BEFORE ILLEGALS

    or

    GUARANTEE MAXIMUM TIME FOR GC PROCESSING
    aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve





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  • shantanup
    10-12 07:59 AM
    Even I recieved 2 copies each of FP notices for me and my wife. I don't know if my lawyer got one, if any.



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  • gjoe
    10-10 04:18 PM
    Marry me...i like funny people......

    /thread

    How did you know Kumar1 has an earlier PD than yours? :):p





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  • gcisadawg
    04-16 04:27 PM
    Are there civil surgeons approved by USCIS in India who can do the TB test for her?

    There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.

    bbct & vin13,

    Thanks for all your feedback.

    I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
    It can not be interchanged since the forms and procedures are different.

    Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.

    We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!

    -GCisaDawg



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  • sanz
    08-07 11:48 AM
    good one.....:D:D:D:D





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  • Suva
    07-18 03:26 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes



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  • marty
    01-09 11:30 AM
    We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

    US House of Representatives
    https://writerep.house.gov/writerep/welcome.shtml

    US Senate
    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

    http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

    ------------------------------------------------------------------
    E-Mail Subject

    Delay and concerns about USCIS processing time updates

    E-Mail Text

    Dear [Name of your local representative]:

    I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

    1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

    2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

    I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

    Thank you,
    [Your Name]

    ------------------------------------------------------------------

    Please let me know if anything else needs to be added to the e-mail text.

    Thanks.





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  • wanaparthy
    03-24 12:21 PM
    -



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  • add78
    10-02 09:48 AM
    This is a little tricky.
    A person is in a valid H1-B status when
    1) He/She is a full time employee of the Sponsoring company AND
    2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
    Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
    #2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
    In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
    But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
    Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

    Hope This Helps.
    If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
    IV = I+We





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  • samcam
    10-24 01:44 PM
    I guess it depends.. Initital fee is $2000 and then there are add ons to it based on different scenarios (none of them less than 250$ per person).





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  • nshantha
    07-18 02:36 PM
    Why you want to mad on him, What is there to become mad on him.

    Sorry admin, I got mad at this guy.





    ibmguy
    04-09 02:09 PM
    Thanks to all who responded. I really appreciate your time. Your replies have really been useful. It seems like one can maintain both H-1B and I-485 adjudicating status simultaneously. Some employers probably go by the policy of continuing H-1B status. Only thing for me is that I will have to go for visa stamping which I really did not want to as it is such a hassle and takes a lot of time.





    kshitijnt
    01-23 04:32 PM
    I had written senator Feinstein about retrogression sometime last year. A response came 2 weeks later:

    "As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****

    True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.

    Senator Boxer had replied

    " I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"

    Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...


    That's certainly a lot better than the "spam" i got from Senator Feinstein.

    I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.

    Hardly a huge surprise, but I'm writing back



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