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  • DoggyStyle
    07-21 09:03 PM
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  • abhijitp
    08-15 01:08 AM
    Will I-485 package get rejected if no employment letter attached?

    While rushing to send our packages to USCIS on July2nd, we could not get our future employment letter signed and did not include in the package. But now I have the employment letter.
    Experts, do you think I need re-file or wait out?
    Anyone is in the same boat got their receipt#s or still waiting

    Thanks
    I would not re-submit only for EVL, but it is important you review your entire AOS application set that went out to USCIS.

    I reviewed the photocopies of our AOS applications and found a few omissions e.g. not including
    1. EVL
    2. pending I-140 receipt notice
    3. Labor cert approval which would clearly show the priority date-- instead they put a wrong priority date in the covering letter.
    I decided it is a higher risk to rely on such a messed up application!

    Hence, I am working to re-submit our AOS. I asked that I review the entire application in advance this time around:) Thanks IV... I have come a long way because of YOU!

    BTW a small issue I found on my family's AOS applications:
    For my dependants... in Part (2) Application Type, I think we should check (b) my spouse or parent applied for....
    it is currently (a) an immigrant petition giving me....

    It was also (a) in their first set of AOS applications

    Am I right in saying the checkbox to be selected is (b) not (a)?

    Thanks!





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  • Lasantha
    01-04 10:39 AM
    So do you mean to say that this is allowed in India? I mean polygamy. I never knew that.

    A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D





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  • kavita
    01-17 10:07 PM
    I sent a hand-written letter to the President today.



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  • gg_ny
    09-08 07:41 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

    biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.





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  • RDB
    08-20 03:45 PM
    EB3-I.

    EAD Card production ordered as of 8/19.

    E-filed: 7/11
    Receipts: 7/18.

    No Finger printing notice received. This was at NSC. Mostly will get 2 years EAD as my PD is nowhere near to current but will update everyone for sure once I receive the cards!



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  • CHRAMA
    04-14 08:24 PM
    Thank you everyone, Just I received my I140 approval.





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  • coolpal
    06-01 12:03 PM
    so does this bill include EB folks or not?
    I assume it does.. or this thread won't be so upbeat ;)



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  • venkygct
    08-30 07:42 PM
    ^^^^^^^^^^^^^^^^





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  • psaxena
    09-09 08:16 PM
    I am a PMP certified and I know how much it makes a difference in my working now and then..
    PMP is a methodology with standards if followed to its best, you will never have a derailed project or dissatified clients and management. The biggest difference I was when my VP was trying to execute a migration project and slipped 3 deadlines. When I stepped in I simply started putting up the things in place the way PMP recommends and got everyone in line and guess what, on dec 11 the migration of the complete system and application from one datacenter to the other completed. I got commendation etc etc etc .. from senior management and they said none of projects have been executed so smoothly as this one..

    Thats another story after 3 months I got lay off. Anyways PMP is very very very important, its not about managing people , its all about managing the Project. Most of the guys have the misconception that when they become the PM they will have 2-5 guys reporting to them and one will be the "BOSS". Thats not PMP means, I have done Project management without anyone reporting to me, actually I was treating the team as they are my boss and keep every thing and everyone in line in terms of the Project execution. Reporting and stuff happens in the functional organization with functional managers, in projectized environment everything is adhoc. once the project is completed everything dismantles and the project management is nothing but just a tool.

    You will come to know the value of Project management when one will work in 20-50 million $ projects and how PMPs help keeping everything so simple and straight.



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  • heywhat
    06-17 12:00 AM
    I support this campaign. My 3-4 friends moved on to EAD because of just visa re-validation(rejection) fear.





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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • lazycis
    01-26 04:43 PM
    It is fishy, but nothing to worry about. It's illegal for an employer to impose early termination fee in any form so even if you sign it, this clause has no power.





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  • meridiani.planum
    06-05 04:01 AM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.

    July 07 was a very special case. Throughout the year the USCIS had not issues many visa's, and per the ombudsmans report in May they were going so slow that they would relaly have to scramble if they dont waste tons of visas.
    They year by all reports they are using up visa numbers at a quick pace. WHy do you think they will jump all the way to 2006?

    Just getting spillover is not enough, if the total demand for visa's is high. Case in point is EB3-ROW which technically has almost no limits, yet languishes in a retrogressed state because the total number of visa's (140k) is too low and however you divvy them up people are going to end up waiting...



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  • ita
    11-06 12:41 PM
    When you set up the infopass appntmt do select the option
    'EAD Inquiry Appmt' even when you are going with AP question.


    Thank you.





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  • pappu
    04-13 04:40 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    We are glad that it worked out.



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  • jkays94
    07-10 08:31 AM
    Lou Dobbs does not care about legal high skilled immigrants he no longer refers to H1bs as H1bs but rather as "cheap foreign labor". His wife is Mexican-American but he does not hesistate to attack Mexico and any vulnerable immigrant group, for that, he makes over $6m a year for his rhetoric, he has even gone as far as being linked to hate groups and supremacist organizations. Media matters is an organization that exposes Lou Dobbs' lies, next time Lou Dobbs or Fox (the channel) attacks legal high skilled immigrants and does so using falsehoods, it would not be out of order for IV members to contact Media Matters and set out the truth.

    Media Matters' Lou Dobbs section:
    http://mediamatters.org/issues_topics/shows/loudobbstonight

    Here is a recent attack on undocumented "DREAM act" students exposed by Media Matters:
    http://mediamatters.org/items/200707060009?f=h_latest





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  • wahwah
    06-05 04:07 PM
    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.


    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.





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  • diptam
    08-01 10:34 AM
    I know we are just narrowly thinking about 485 for the retrogressed battered world but they are taking big picture :)

    whatever it is - we have to wait with patience for atleast another month


    The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....





    srini1976
    07-28 01:29 PM
    Ignore it. Even I had the same problem. Goahead and certify.





    stucklabor
    04-12 01:17 PM
    Bkam,

    The point is not about the way to get relief. There are multiple ways to achieve eligibility for EADs.

    The point that I am trying to make is that every one of those ways requires legislation to be passed. Asking for EAD/AP through I485 filing even with visa number unavailability, is as good, if not better, than the other suggested methods.

    I would really hesitate to ask for EADs for people still in labor cert. Our requirements, after much effort, were included in amendments simply because they are really technical adjustments to existing law. They do not increase the number of immigrants into the US and do not substantially change the process. Asking for EADs for people stuck in labor cert would be a substantial change in process, and would make it harder to get legislative sponsors.



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