
joeshmoe
03-24 04:13 PM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
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sammyb
03-24 08:37 PM
just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...
Thanks ... wil listen to it from home ...
Thanks ... wil listen to it from home ...

siva007
04-02 05:25 PM
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thanks
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GCBy3000
11-09 03:32 PM
Does anyone have exact idea on what is meant my PD portability. I have my i140 approved on locaiton A. Then I moved to location B and started a new labor and filed for 140 last month.
There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?
There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?
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GumI485
05-14 07:34 PM
We will keep working on this Retrogression issue...
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.

rockstart
06-16 10:06 AM
I think we need the list of new congress men/ women to call as part of phase 4 of the campaign.
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immi2006
05-04 09:48 AM
Yesterday AC 360 interviewed Senator Corny, and others including Laura Bush, all of them mentioned how upset they were to see Mex Flags, Spanish version of national anthem, and more importantly, disrespecting US laws and waving foreign flag.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
2010 Happy funny people.

doceb2
04-13 06:20 PM
i also need the answet to this question , how should one respond if somebody gets rfe with different job
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sh2005
08-13 11:24 AM
From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
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quizzer
10-16 09:10 PM
Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?
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sledge_hammer
04-22 08:44 PM
Admins - Please ban 'Brittanicus'
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Munna Bhai
04-27 12:11 PM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
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snathan
04-13 09:29 AM
Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
You can take any position anywhere with anyone...H1B is only if you want to work in the US
You can take any position anywhere with anyone...H1B is only if you want to work in the US
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amitjoey
07-13 04:38 PM
Wow!. I did not realise that. I an unknown quantity. What does that mean?
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edaltsis
09-18 04:18 PM
If you use EAD it means you are abandoning your H1B. You have to be employed full-time (should be drawing salary on a regular basis to be in H1B/EAD status) but cant "just" work part-time.
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mpadapa
10-10 06:40 AM
H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
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Amy
07-12 10:17 PM
I have the copy of I-140 approval notice. If the old employer revokes I-140 after I leave, can I still carry over my PD? Is there any risk on this? Thanks!
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
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GCFrenzy
05-19 12:42 PM
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
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solaris27
02-24 01:26 PM
i don't know but he put it there
Berkeleybee
04-07 09:03 PM
About the appeasability of Sensenbrenner check out :
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
sobers
04-07 08:33 PM
Folks, I know you all are probably as deeply disappointed with the stalling of the Senate Immigration Bill as I am. But I guess i'm getting used to it now:mad: - had similar experience after S. 1932 relief was stripped out in December.
But instead of despairing, i'm now thinking of alternative ways to broaden our message and reach out to key lawmakers.
As you all may know, House Judiciary Committe Chairman Jim Sensenbrenner is going to be the Key House Negotiator on any Immigration Bill this year ....
Whether we like it or not, this is the hard truth.
The good news is that per se Sensenbrenner is not a restricionist. He is also not part of Tancredo Anti-Immigrant Caucus. However Sensenbrenner is against Illegal Immigration and Amnesty.
The bad news is that because of recent events (including attacks against him by latino/church activists, etc) he has decidedly moved to the right. He has probably hardened against his views to immigration, not just the illegal kind.
Since he is going to the point man on this issue, no doubts there, we ought to have a campaign to reveal the plight of legal immigrants to him. I'm convinced he's currently beseiged by restrictionist NumbersUSA, FAIR and CIS.org and being fed all his facts on immigration by these folks. We pay taxes, we obey laws, we wait in line patiently, we serve our local community here (for instance I've done many years of community work in the U.S. here and have been recognized for it), we enhance the compeititveness of this country by bringing our much needed skills to work for US business, and we do all this without taking a dime of public benefit. When restrictionists talk of how amnesty will be unfair to people waiting in long lines (that is Us Folks!), have they ever considered what to do to shorten these lines? Illegal immigration is unfair, but the legal immigration system is also broken - and unfair! We folks have the longest waits in the histroy of the US immigration system. If the (legal) system is not working properly, and here it is not, then people will have less incentive to follow it. Why should people follow the rules when it is much easier to get in without following the rules? So to deter illegal immigration ,you also have to show them the LEGAL immigration system works, and give prospective immigrants a good example.
Anyway, the point of all this rambling is this: I think we should have a campaign to bring some sense to sensenbrenner. I do not think he is a bad person per se. But he needs to be shown the light here- the genuine problems we are facing. We should have a webfax campaign now. Once the conference committee process starts, thousands of faxes start pouring in and staffers just count them and throw them in the bin. No one has time to read them.
But instead of despairing, i'm now thinking of alternative ways to broaden our message and reach out to key lawmakers.
As you all may know, House Judiciary Committe Chairman Jim Sensenbrenner is going to be the Key House Negotiator on any Immigration Bill this year ....
Whether we like it or not, this is the hard truth.
The good news is that per se Sensenbrenner is not a restricionist. He is also not part of Tancredo Anti-Immigrant Caucus. However Sensenbrenner is against Illegal Immigration and Amnesty.
The bad news is that because of recent events (including attacks against him by latino/church activists, etc) he has decidedly moved to the right. He has probably hardened against his views to immigration, not just the illegal kind.
Since he is going to the point man on this issue, no doubts there, we ought to have a campaign to reveal the plight of legal immigrants to him. I'm convinced he's currently beseiged by restrictionist NumbersUSA, FAIR and CIS.org and being fed all his facts on immigration by these folks. We pay taxes, we obey laws, we wait in line patiently, we serve our local community here (for instance I've done many years of community work in the U.S. here and have been recognized for it), we enhance the compeititveness of this country by bringing our much needed skills to work for US business, and we do all this without taking a dime of public benefit. When restrictionists talk of how amnesty will be unfair to people waiting in long lines (that is Us Folks!), have they ever considered what to do to shorten these lines? Illegal immigration is unfair, but the legal immigration system is also broken - and unfair! We folks have the longest waits in the histroy of the US immigration system. If the (legal) system is not working properly, and here it is not, then people will have less incentive to follow it. Why should people follow the rules when it is much easier to get in without following the rules? So to deter illegal immigration ,you also have to show them the LEGAL immigration system works, and give prospective immigrants a good example.
Anyway, the point of all this rambling is this: I think we should have a campaign to bring some sense to sensenbrenner. I do not think he is a bad person per se. But he needs to be shown the light here- the genuine problems we are facing. We should have a webfax campaign now. Once the conference committee process starts, thousands of faxes start pouring in and staffers just count them and throw them in the bin. No one has time to read them.
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