samcam
10-24 01:59 PM
Thanks Chanduv23! Hopefully it will be a RFE :)
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waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
snathan
07-10 12:47 PM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
It might be possible. Otherwise you can go for appeal if the approval goes south.
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
It might be possible. Otherwise you can go for appeal if the approval goes south.
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willwin
08-11 10:36 AM
Here you go!
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sapota
07-16 04:43 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
sanatshah
10-25 06:09 PM
Mine 485 receipt no# also starting with SRC08008XXXXX and it's not showing online status.
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marty
01-09 11:46 AM
marty,
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.
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hebron
10-07 10:55 AM
LUV IT !!!!! It is high time people came to know more about this self-righteous drumbeater. Another guy who acts like Dobbs is that chesty AZ sheriff. I also wish, people like Tancredo, Grassley, Durbin change their narrow mind towards legal immigration.
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EkAurAaya
07-10 09:37 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
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alseethis
08-09 11:24 AM
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
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BharatPremi
12-05 04:13 PM
at Saturday's Meet and Greet in Texas..
Please bring a farewell poetry to share..
Thanks needhelp.
Please bring a farewell poetry to share..
Thanks needhelp.
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go_guy123
12-09 10:05 AM
Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?
I don't know who is worse the democrats or the republicans ...
Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).
I don't know who is worse the democrats or the republicans ...
Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).
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bekugc
03-17 09:55 PM
hi lavanya,
since the clock is ticking, your prime concern shud be to get hold of someone who can get the paperwork done quickly and apply +vely on april 1st. He may not be the best, but as long he follows all process its enuf for now. For that matter, even if u get a rfe its OK, as long as its not rejected u r good with respectedto competing in the lottery...(possible this year also)
To make sure they dont miss anything important, get an appointment with some local immigration lawyers and cross check the different things that need to be done ensure the appln is complete and it doesnt get rejected.
take an appointment and explain ur situation and for about 150-200$ they will explain and give u detailed list of things needed that will serve as a checklist so that u can ensure the actual lawyer dont mess up things due to rush.
since the clock is ticking, your prime concern shud be to get hold of someone who can get the paperwork done quickly and apply +vely on april 1st. He may not be the best, but as long he follows all process its enuf for now. For that matter, even if u get a rfe its OK, as long as its not rejected u r good with respectedto competing in the lottery...(possible this year also)
To make sure they dont miss anything important, get an appointment with some local immigration lawyers and cross check the different things that need to be done ensure the appln is complete and it doesnt get rejected.
take an appointment and explain ur situation and for about 150-200$ they will explain and give u detailed list of things needed that will serve as a checklist so that u can ensure the actual lawyer dont mess up things due to rush.
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dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
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martinvisalaw
04-19 02:44 PM
Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.
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Libra
07-18 10:36 AM
My attorney says, they sent hundreds of applications and none of them returned. she says we dont have to refile, they are not going to send it back.
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
more...
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srikondoji
06-18 08:44 AM
Lou Dobbs exposed...:rolleyes:
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
He is known for bashing outsourcing and always made up statistics how outsourcing was not cost effective.
He has also compared how a job of one person is done by 10 people in Asian countries but cared less to inform the general public that cost of labor for 10 is less than that of one person here in united states.
--sri
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
He is known for bashing outsourcing and always made up statistics how outsourcing was not cost effective.
He has also compared how a job of one person is done by 10 people in Asian countries but cared less to inform the general public that cost of labor for 10 is less than that of one person here in united states.
--sri
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WeldonSprings
05-01 09:22 PM
Hi,
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
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Bpositive
03-05 01:22 PM
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed
GCBy3000
02-12 02:36 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
james_bond_007
12-07 02:44 PM
I believe consular processing can be used only if the dates are current. It might take a long time for 2003 April EB3 India to be current. Since Green Card is for future employment, is there anyway to continue the Green Card process while in India ??
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