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  • whoever
    12-12 01:43 PM
    I am of the opinion that EB3 India will be stuck at May 8 for a long time. The trend to follow will be that of Mexico's. By the way, only my opinion. I hope I am really really wrong. And god have mercy on us.





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  • vkrishn
    11-21 10:32 PM
    Hello all,
    I am in San jose and infact i have been to Zoe Lofgren's office to check on my case status. Please PM me if i can be of any help.





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  • smsthss
    06-12 10:09 AM
    can we watch this live?? the room #'s for 10 am and 11 am are different. is there another link?





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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).



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  • whattodo
    07-27 04:48 PM
    Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!

    Guys....please say....well said (pat on my own back)

    Wonderful! Thats a good one. Vonage might give a special GC aspirant discount.





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  • md_alien
    04-13 11:14 AM
    Linkified (http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html)



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  • jsb
    12-19 09:05 AM
    If I try to use my AC21 then does title matter?

    Example:
    new offer has a title of "Lead software engineer".Current position is "Systems
    Engineer".
    ...
    Iad

    USCIS is not just working on technical people; and they themselves are not technical people. Therefore, just try to have description of new job as close to the original description in LC, as possible (use same words). It is a subjective area. Both titles point out that you are some sort of software engineer, so, I belive, it should be ok. Try to avoid "managing" or "suprervising" in your new job description if it was not in the original description.





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  • OLDMONK
    07-19 12:46 PM
    Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.

    Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.

    I am sure so many in the same boat. Is there anything we could do?

    She would still need to be on the Payroll and reported as an employee, preferable from the date of COS, If making a case of vacation or medical leave.



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  • alias
    04-02 07:22 PM
    Thanks all for making it so easy to webfax.





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  • RDB
    01-04 12:41 AM
    I don't think PMP is useful in promotions......it may be helpful in getting a new job though.....but then you are limited in your career..........PMP doesn't help you moving upwards.....!

    My 2 cents!

    Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.



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  • gg_ny
    06-19 04:59 PM
    Hi SongLan,

    sorry if I had missed it before: are you from China on EB3? I am wondering about when your PD became current for you to file? This is to compare with my EB2 receipt date in Aug 2005. Thanks.





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  • bobyal
    05-12 09:03 AM
    The bill text says there is NO fee and the applications need to be processed expedited.
    --------------------------------------------
    SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
    --------------------------------------------

    So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.

    This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.



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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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  • anilsal
    02-10 10:17 PM
    a FP appointment notice.

    Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?



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  • hebbar77
    05-18 07:06 PM
    It seems like you believe in all or nothing.
    With such an attitude we will end up with nothing.

    Did you vote against Masters quota for H1B??

    I ONLY believe in MERITT based system.

    I never voted against anything so far!!:D





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  • veni001
    09-07 10:13 AM
    I have 14 years of education in india and 20 years of experience in IT - if my job requirement says bachelors equivalent + 10 years experience will it qualify me and job as EB2 ?

    AS long as the requirements are standard across the board(industry) other wise DOL will request to prove the business necessity through audit. :o



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  • GC_Wait2002
    07-31 09:58 PM
    Hi Sanbaj,

    You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.

    Regards
    GC_wait2002





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  • DSLStart
    08-09 07:36 PM
    Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.

    I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.

    The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.

    After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.

    Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.





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  • plp039
    10-02 01:39 PM
    i am in your boat! :). july 2 filed.





    sayantan76
    05-29 07:11 PM
    I already sent one. Trying to do something about the problem is fine; grumbling over things that we cannot do anything about is not.

    It is definitely not OK to be posting unconfirmed data as above.
    I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India

    However, if I think rationally without being condescending, here is my take:

    Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.

    When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say

    The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.

    No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......

    Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......





    adibhatla
    06-24 03:54 PM
    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.



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