Monday, June 13, 2011

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  • katewill
    08-18 01:51 PM
    maybe traditional 140 go back in line? likewise how PERM caused BEC?




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  • jq45
    06-15 10:49 AM
    I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.

    The representative I talked to checked with her supervisor, and her response was the following:

    - The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).

    In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.

    Thank you to everyone for their quick responses!




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  • kshitijnt
    05-05 12:38 AM
    This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.

    CHECK OUT BASED ON YOUR STATUS.

    Thanks
    Rangan

    This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.




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  • amsgc
    02-07 09:14 PM
    AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.

    US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.



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  • franklin
    02-13 10:49 AM
    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


    Interesting! Thanks for the correction




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  • geniousatwork
    05-27 11:58 PM
    Does anyone know any other place to find the PD in case you have the Case Number?


    The link mentioned below shows the PD for 2006 FY Data only :(
    For 2007/2008 FY, I could not get the PDs from the below mentioned site.




    If you have all the PERM case numbers with you then you should be able to find your PD in this link

    http://www.flcdatacenter.com/CasePerm.aspx and



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  • ravi98
    04-23 08:21 AM
    Pelosi reconfirms taking on immigration, but the Senate has to start it. She went on to say, the House passed climate and energy legislation last year, but it has not acted on immigration reform.
    �If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�

    Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)

    Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�




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  • dan19
    08-22 01:24 PM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!



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  • BharatPremi
    12-05 05:09 PM
    BharatPremi,

    No offense, but why have you opened 2 threads with very similar information and questions?.

    Both threads can not be said "Similar". First one is related with Soft LUD and this one relates to strange 485 approval. So I do not know how did you derive similarity between them. Now general perception is that "SOFT LUD" means nothing. Mostly that perception seems to be correct but it is not always so. In my case, somebody at USCIS reentered the address and hence I got the soft LUD. When I called to USCIS I found about that and USCIS lady herself insisted then to verify my present address "because somebody made an entry today and that without change of address request". Another example I can give you is around 2 years back, I do not remember exact time period but general observation was after 10 days of having soft LUD on 485, people (Ofcourse some cases but considerable number so on many threads people discussed that at length...)used to see "Current" for visa bulletins and get card production ordered emails...




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  • logiclife
    01-02 11:34 AM
    All set

    IInd Question:

    For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?


    Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.

    Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.

    AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.



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  • seekinggc
    07-16 04:59 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....




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  • sjhugoose
    January 6th, 2004, 09:55 AM
    Smart man Anders!! I did the same thing a few weeks ago on one of my bird images!

    My reasoning was slightly different in that at iso 1600 often there is little to no noise on the subject but tons in the OOF region! And NI removes detail and sharpness which I hate! So I did the same thing to background while holding the birds definition!

    Enjoy and never worried about does this look natural question anymore! Nothing looks natural to me anymore :)

    Scott



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  • vavuvya
    11-18 12:07 PM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.

    Hi,

    Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.

    Notice Type : Premium Processing Receipt notice

    Amount Received : $ 1475.00
    Section : Mem of profession w/adv deg,or of exceptn'l ability
    Sec .203(b)(2)

    Can some one please helpme out in this regard.

    Thanks in Advance,
    Vavuvya.




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  • paskal
    06-13 02:49 PM
    Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.



    we simply lack the power to fight that battle....
    as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
    in a ballott here, you would not find too mnay here that supports an amnesty i suspect.



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  • Cataphract
    05-25 08:53 AM
    I just read this article in the paper today and wanted to share it with all of you.

    It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.

    No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.

    I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.

    I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.

    I think we have a very good chance getting it published in one of these papers and it will have a huge impact.

    This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.

    Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.


    http://www.nytimes.com/2007/05/25/us/25poll.html?hp

    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews


    For some reason my uploads of PDF's failed, so I am adding links.




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  • adde72
    06-30 10:58 AM
    and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.

    Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.

    If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .

    Members
    Please dont answer any questions relating to that topic .Kick the guys out



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  • Blog Feeds
    02-08 06:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi9Gpc2WRbeFDYuLOMkTd2eLwR5f49Q9teKGMpW9KizNstZk4CfXmSxn8sXrcniSYCeiDdRYtcCgU2dDI7LNhaDXEWjvUHnhO2naTIjSJcKjpR8aoTxFzDGDRdeZ8wl1EnUA331go70x4Y/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi9Gpc2WRbeFDYuLOMkTd2eLwR5f49Q9teKGMpW9KizNstZk4CfXmSxn8sXrcniSYCeiDdRYtcCgU2dDI7LNhaDXEWjvUHnhO2naTIjSJcKjpR8aoTxFzDGDRdeZ8wl1EnUA331go70x4Y/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
    The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!

    If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!

    It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.

    When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?

    These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)




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  • ryan
    05-27 03:22 AM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.




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  • sunilmn
    08-22 10:09 PM
    I have your request to join, we are indeed very active.
    My sincere apologies at not getting back to you so far- will redress that asap!

    Welcome...we are delighted to have you with us.....:)

    Hello I live in plymouth and I would like to join with you guys for DC.Could you please give me more details.




    izolo
    06-04 02:11 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me




    wanaparthy
    03-24 12:39 PM
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