eImmigJr
10-23 07:37 PM
Mine is a similiar case, would like to add more info to this post.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
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gimme_GC2006
08-10 08:23 AM
Good to know and thanks for the update and hope your parents are doing well ...
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thank you. Parent is doing fine.Slowly recovering.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thank you. Parent is doing fine.Slowly recovering.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
raj3078
07-12 10:16 AM
just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu
I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)
I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)
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shortchanged
08-09 02:04 PM
For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
more...
jonty_11
06-21 05:16 PM
Use your DigiCam
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
I can probably do it for $0 if I use my passport photo software ..dont have to go to Walmart..
Point is my lawyer has recommended against using Digital Paper.
Passport Pix are supposed to be on Polaroid Paper - is what he recommends. I didnt find anything regarding this on INS Photo specification site..but I will stick to what my lawyer says.
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
I can probably do it for $0 if I use my passport photo software ..dont have to go to Walmart..
Point is my lawyer has recommended against using Digital Paper.
Passport Pix are supposed to be on Polaroid Paper - is what he recommends. I didnt find anything regarding this on INS Photo specification site..but I will stick to what my lawyer says.
WillIBLucky
06-20 08:48 AM
Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.
If you are plus member you get free 8 photos. I guess for regular member you will 6.
Do they also take digital pics? I have already got photos taken from CVS...and they said its passport pics.......do I still need to take from AAA?
If you are plus member you get free 8 photos. I guess for regular member you will 6.
Do they also take digital pics? I have already got photos taken from CVS...and they said its passport pics.......do I still need to take from AAA?
more...
hyddsnr
04-30 08:45 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
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mhtanim
08-27 04:21 PM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?
What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?
more...
conchshell
08-23 02:58 AM
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
NSC. BTW I too has a soft LUD on August 20th. I am sure you wil get it next day or two.
NSC. BTW I too has a soft LUD on August 20th. I am sure you wil get it next day or two.
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vikramy
09-22 01:30 PM
This is what given by my Attorney apart from your labor approval. Better double check..
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
more...
nirajnp
09-05 08:41 PM
Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
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MunnaBhai
03-14 03:06 PM
I agree. Most of these companies openly misuse L1 visas. I have seen myself, how L1 guys from Infosys, TCS, and IBM India working at client sites.
more...
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nat23
06-14 11:17 AM
I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.
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ragz4u
04-14 06:25 PM
Call is on April 15th (Sat) at 2.00 pm EDT.
Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.
Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.
more...
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sandy_anand
02-28 08:31 PM
So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
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tsrinivas
07-19 02:30 PM
All that your have to do is get it translated by any one who is fluent in English and Marathi ,
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
more...
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chanduv23
03-31 02:52 PM
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
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tb2904
03-27 09:13 AM
Nothing wrong with sharing happiness :)
...proves to who?? Would we be just making ourselves happy??
...proves to who?? Would we be just making ourselves happy??
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go_guy123
04-17 05:36 PM
they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir
lets start the undocumented bashing party now......
Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
lets start the undocumented bashing party now......
Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
ItIsNotFunny
03-04 05:22 PM
Is there anything i can do on H4 visa??
I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.
I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.
RamBihari
02-16 03:59 PM
If each state in India were a country
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
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