Monday, June 13, 2011

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  • ashutrip
    06-18 10:15 AM
    PERM/LABOR took 1 year for me and a bunch of colleagues in my company.
    hmmm...thats a very good news :(





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  • kalyan
    11-13 09:29 AM
    I would suggest that , fighting against a state will be costly, paying the attorney fees, several rounds of presence.

    You can buy good properties rather than fighting state (governments)





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  • Ann Ruben
    10-24 11:08 AM
    While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.

    So, to determine whether your experience letters are adequate, you should first review Section H
    of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.

    Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.

    This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.

    A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.





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  • TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.



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  • eastindia
    01-06 08:33 AM
    February visa bulletin will be out this week any day.

    What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?





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  • setpit_gc
    08-13 03:39 PM
    485 (EB3) was filed in July 2007 and still working for that company.



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  • chocolate
    09-26 02:55 PM
    You can start Greencard application in EB2 after receiving the MS degree in December 2006. H-1B and GC are two separate entities.

    any help appreciated. My labor got cleared from BEC. It was filed under RIR category . The minimum req for the job specified in LCA is BS+5 yrs+2 months.Salary is 80k/yr.Does this qualify me for EB2 also the ETA form has my qualification as my BE+MS .Also it specifies my past experience before joining the company. In my previous experience i was promoted and worked in a fortune 500 company .Will this qualify me for EB2. Also i heard that the category is determined in 140 stage.any help .thanks in advance.The occupation code also specifies that 65% or more in this job have bachelors and masters .Also it was mentioned it requires years of work experience for this job.Will this qualify for EB2. I am eager to know as i am from rest of the world and i can file 140/485/ead/ap together now.Any inputs.





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  • prince_charming
    11-30 01:05 AM
    Hi Prince,
    Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
    I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
    Thanks,

    Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.

    Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.

    And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.



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  • shar533
    05-22 11:21 PM
    Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
    Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
    Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
    Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
    I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
    Please help .





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  • sidd_k2002
    03-24 06:46 PM
    Hello Friends,
    I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
    I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
    Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
    Here are my questiions:
    1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
    2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
    3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.

    Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
    Thanks in advance,
    Siddharth



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  • MAC
    March 28th, 2004, 04:05 PM
    Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!

    MAC





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  • Roger Binny
    05-27 10:44 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.

    Which center your 485 is in ?



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  • kshitijnt
    01-02 01:33 AM
    Last year my wife's case was put under 221(g) by Mumbai consulate. We abandoned the visa process and she entered using AP. Since then we have used AP twice and given up H1B visa as a first option.





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  • arunsush
    02-01 11:25 AM
    please check your PM

    Check your PM...



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  • India76
    09-17 02:08 PM
    one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.





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  • Roger Binny
    10-15 06:47 PM
    My case is also similar.

    Applied labor in 2002 under Eb3 category
    I-140 approved in 2006.


    Applied labor in 2007 under EB2 category( same Company)
    Applied I-140 Eb2 and requested to port EB3 Priority date.
    I-140 got approved but did not port EB3 priority date.

    Applied I-485 in 2007 using eb3 labor and I-140.


    As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
    My attroney sent SR last month to port priority date on EB2 I-140.
    I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
    Still waiting for response.
    I don't know how long USCIS will take to port PD.

    Ekkati

    Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.



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  • Aura M.
    01-15 04:29 PM
    I am in the same boat. They are taking way too long to process H1-B extensions.

    Guys please advised how is the process for the extension...
    I need to do mine.... Please I know my company will need to do, I just need the steps. I'm not willing to pay a lawyer for this also...
    Tks for any info.....





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  • perm2gc
    01-08 03:44 PM
    They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?

    Would like to get more insight on this issue.

    Thanks.
    Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...





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  • RNGC
    02-10 06:32 PM
    RNGC .. great work done by your little princes ... am eagerly waiting to see the letter ... guess when you post in the forum you have an option to attach certain documents like pdf etc ...

    Sammy.

    uploaded the letter...





    abchi
    09-22 04:35 PM
    EB2- July 2004, I140-I485 applied in August 2007, recently laid off.

    The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.

    What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?

    Thanks for the help.





    sanprabhu
    07-13 05:58 PM
    Here is an excerpt from the blogs of one immigration attorneys

    I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.

    But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this

    http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html

    PS: If this is already discussed the moderators are free to merge it, chuck it

    If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.



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