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  • dingudi
    12-28 11:51 AM
    This is my first post so forgive if I am not in the right place,
    But I have situation where in I need your inputs to decide.
    I am working at a clients place and they willing offer me a full time position.
    My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
    In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
    I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
    Please Advice!

    I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.





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  • w3313
    04-24 11:54 AM
    Here are the some of the issues
    1)Some credit unions will not open an account for your if you are not a citizen/green card holder
    2)Same problem with Home loans some banks will not extend loans (I have personally faced these two issues)
    3) With the realid act some stats are not giving driving license to non-immigrants that may have fixed but you still need to extend every year even if the state gives a license
    4)You cannot get an homestead exemption(tax credit) if you buy a house
    5)The latest tax stimulus package will not give tax credit to ITIN holders and with out immigrant status (or EAD) you cannot get an SSN.

    As you all know we pay the taxes all kinds of taxes , help economy with our purchase power I can go on with the kind of positive things we bring to this country but for some reason we don't have any rights. I completely agree with the OP the crying baby gets the milk or cranky wheel gets the oil first. Every one if you don't fight for it we are not going get any thing. Remember the congress has write a letter to USCIS saying that the fee for N400 is increased but the service is not any better , why can't the same logic applied to green card applicants the fee is increased but we don't get any congress support isn't that something. Any way's that's my 2 cents....

    Good luck to every one...





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  • chanduv23
    10-09 08:01 PM
    Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.





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  • karanp25
    07-24 05:31 PM
    Similar situation here...applied EAD/AP renewals 1st week of May at NSC for self and spouse. So far only my EAD has been approved, which is pretty much of no use to me since i am on H1B - but employer was paying all costs, so the law firm applied it anyway.

    Spouse needs EAD ASAP before expiry, but nothing yet. I want to modify wht u quoted below:

    "USCIS won't give u what u want" I think they somehow have an idea of how desperate u r for someting and ur processing/wait time is proportional to your desperation. :-)

    E-filed on May 5th, FP on June 6th, no updates since. Concerned as I'm working on EAD and current one expires August 29th.

    Paper filed AP in late June, approved already (as per e-mail) even though I only needed it in mid October!!

    Just like the the old Stones song... "You can't always get what you want"



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  • enggr
    09-26 02:37 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow





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  • gc_bucs
    04-01 03:28 PM
    Sent the fax. Thanks for putting it together



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  • mallu
    12-04 08:31 PM
    The govt. authorities in Bangalore never gave my PF, citing some
    spelling mistake in my fathers name. Guess if i showel down 10% bribe
    in their throat , they might give. Later i didn't bother to pester them,
    i am here. The babus also might think "This chap is in USA , minting $$$".

    I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.





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  • CHRAMA
    04-14 02:44 PM
    My I-140 was denied incorrectly , as a result my I-485 was denied.
    The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.

    My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.

    I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.

    Can I use my EAD?-----My Lawyer says my EAD is invalid.



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  • godspeed
    11-03 01:36 PM
    no, its called covering our behind, if in future something comes back to bite ;),
    As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
    Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
    In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?





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  • rajuseattle
    07-21 11:51 AM
    NSC: July 02nd 2008

    Received Paper Receipts: July 11 2008

    Waiting for the FP notices.



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  • El_Guapo
    04-13 06:28 PM
    While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........

    1. Annual budget of a typical State Univ is upwards of $1Bn.
    2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)

    So, what the message that would go out in media would actually read like is the following:

    "100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"

    To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........

    All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.


    Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.

    Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.

    Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.





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  • dingudi
    12-28 11:51 AM
    This is my first post so forgive if I am not in the right place,
    But I have situation where in I need your inputs to decide.
    I am working at a clients place and they willing offer me a full time position.
    My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
    In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
    I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
    Please Advice!

    I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.



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  • laborday
    07-17 09:41 AM
    AHAH I'm sorry, I didn't mean to sound like a bully. I refreshed and it still says June though :confused:
    This is what I see:

    "U.S. Citizenship and Immigration Services
    Nebraska Service Center Service Center Processing Dates
    Posted July 16, 2007 "





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  • seahawks
    09-10 12:08 AM
    AC 21 is complicated, the whole GC process is complicated. Lot of us are thinking 180 days ahead for changing employers.. please think about September 18th. We need to make a difference. Please attend the rally, please contribute, every effort taken by each of you makes a difference. Even if you don't believe you cannot make a change, WE DO! Wake up and lets all go to D.C!

    If you are already coming, awesome.. kudos!



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  • jsb
    01-14 11:01 AM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)

    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.





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  • InTheMoment
    12-02 08:14 PM
    Finally something concrete: :D

    Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
    AILA InfoNet Doc. No. 07113061, Nov 30, 2007
    In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.



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  • sroyc
    09-19 03:43 PM
    Do you watch cricket? If you want quick results you might want to watch 20-20 cricket. You can see the results within a few hours.

    Things like legislative changes take time. We may think that the debate on illegal immigration has nothing to do with our issues but the corrupt Senators will always try to sneak in some reform related to illegal immigrants into our bills in exchange for their votes, ultimately derailing the entire bill.

    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............





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  • mariusp
    04-01 07:03 PM
    Sent mine right now to senators of FL.





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  • mpadapa
    06-12 09:58 AM
    The bill goes no where after the hearings unless there are enough co-sponsors and CHC members are ok with the bills. Then the house speaker will decide to let the bills be debated and voted on the house floor. If it goes through House then Senate will vote on it and then the Prez signs it off.

    So the most important thing is to participate in the phone campaign esp the one targeting CHC members.

    what would happen after the hearing? where does it go next?





    rameshk75
    02-12 02:51 PM
    Hi Shana04,

    Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..

    Question:
    Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..

    Thanks


    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.





    Sakthisagar
    10-28 08:38 AM
    "This time you have a great opportunity to consolidate and by working in India, by becoming a good quality professional you will sustain the advantage we have created and will make growth in India a permanent rather than a temporary feature."

    Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.

    I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.

    hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.