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  • smisachu
    05-13 03:13 PM
    From my experience you need to give alternate to just masters. I am not from the software field. My company attorney had put 3 different undergraduate degrees with various years of experience apart from two different masters degrees with 3+ years experience. The concern was that DOL might come back telling that this position is tailor made for me.
    Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.





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  • pansworld
    07-07 04:26 PM
    But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents





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  • fromnaija
    09-22 05:55 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.

    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.





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  • stirfries
    01-29 10:10 AM
    My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

    Would it be safe to travel now? Are there any risks involved in doing so?

    Please advice.

    Thank you

    Hey nrakkati !!!

    congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...

    Ofcourse there are alternatives when you get SCREWED that way...:)

    If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...

    Thanks,



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  • 21stIcon
    12-21 06:33 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.





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  • nitkad
    04-29 01:57 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    If you think no one is giving you correct answer, just spnd some money and consult a lawyer.



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  • purgan
    03-05 11:01 AM
    Oppose the Fee Increase!!
    The proposed fee increases by the U.S. Citizenship and Immigration Services (USCIS) are beyond excessive-they're exorbitant. For example, the current fee to apply for permanent residency is $325; USCIS proposes to raise this fee to $905 (a 178 percent increase). The fee for naturalization ("citizenship") applications would increase from $330 to $595 (an 80 percent increase).

    Please take action today by contacting USCIS and letting them know that the proposed increases are exorbitant and unfair. Encourage USCIS to work with Congressional leaders to identify an alternative and permanent funding stream that supports USCIS operations.

    View the AFSC website for more information; http://www.afsc.org/immigrants-rights/news/fee-increase2007.htm





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  • EB3June03
    06-23 10:31 AM
    Thanks for the reply arkanand,

    I talked to multiple doctor's and they said that the reason why the test is NOT done again is that they know it is going to be positive (so why do it). Instead they go to the 2nd step (Chest X Ray).

    They also mentioned that for documentation purpose if you have to get it done, just go for it. So, looks like i will be going for getting the test done 3rd time like arkanand. I too just want to finish this paper work and get done with.

    I tried getting the documentation from a NY Hospital where I was working in 1998. They sent the doctor the Radiology report mentioning the X Ray was clear. I don't see any size indications of the PPD testing. I either have to get back to them to send me the PPD size after testing or forget it and go for a test. So, I think I am going to get the test done. Luckily, I don't have to get the X Rays done as I just got one done in Jan 2009 (and the civil surgeon wanted the copy of those reports).

    Conclusion:- What I learnt from this experience is that try to keep as much paper work of tests that have been done, so that when needed you can show it to the doctor and NOT get un-needed testing done plus is saved us hazzles of time/money/insurance to get these tests done.



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  • EB-VoiceImmigration
    02-24 08:50 PM
    Moving to the Faster Lane : Changing EB3 to EB2

    We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.

    EB3 Cannot Simply be Changed to EB2

    Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.

    New EB2 Case Filing Based on Minimum Job Requirements

    It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.

    New EB2 Filing Permissible with Job Change

    It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.

    Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.

    EB2 Filing can be with Existing or New Employer

    As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.

    It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.

    Transfer of Earlier Priority Date to New Case Filing

    The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.

    There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.

    Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?

    Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.

    A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.

    At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.

    Conclusion

    At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved





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  • jliechty
    May 16th, 2005, 07:47 PM
    My humble opinion: the first one is the best. The second and fourth have too much large stuff in the foreground (edit: looking again, the fourth isn't too bad, maybe about as good as the first). The second and fifth shots have too much shadow in the foreground, so the eye prefers the lighter portions of the frame (which incidentally doesn't make the photos seem as deep). The third one is a good shot, but doesn't seem to have enough depth for this assignment, partly (I assume) because the background actually wasn't that far off, though using a wider lens than ~36mm (effective) might help.

    My other humble opinion: wait for the birds to get out of... oops, those aren't birds. Clean your sensor! ;)



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  • fromnaija
    02-02 09:40 PM
    So as not to burst anyone's bubble, try it and see.
    By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.





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  • eb3_nepa
    10-02 02:00 PM
    It should be pointed out that starving dog is a cdn, and thus he is not required to give up I-94 when visiting canada.

    Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.

    Well thats kinda hard to do right since you dont have ur I-94 anymore;)?



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  • prinive
    12-21 01:41 PM
    What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?

    Have you contributed to the MILLION dollar drive? Please visit the funding thread!





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  • mzafar125
    08-19 12:13 PM
    relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.

    I called USCIS again today and spoke to a IO, they stated that the biometrics had expired and that I should simply wait for the new request. I tried to argue with them that the register stated that they should use what they have in their database. They stated that I have to go for my biometrics and there was nothing else they could do about it. I then asked them if everything else had cleared and they stated that they were only waiting for my biometrics at this stage.

    The funny thing is that I submitted a referral since my application was outside of the processing times. The referral stated that biometrics were missing. Now if I had not filed my referral USCIS would have simply just sat on my application until god know when. I am going to write a letter and get someone over at USCIS to listen to me. An uphill battle but it's better than just relying on USCIS.

    Does anyone know how long biometrics are valid for ?

    Good Luck folks, hope this nighmare ends soon

    Priority date 10/2002
    i-140 approved in 1/2007
    EB3, ROW



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  • lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.





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  • breddy2000
    01-23 10:55 AM
    The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).

    The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center. If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283. We encourage you to check this page periodically before inquiring about your case. The processing dates are updated monthly.

    USCIS received a significant increase in the number of applications and petitions filed last year. In July and August of 2007, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year. In fiscal year 2007, USCIS received 1.4 million applications for naturalization; nearly double the volume received the year before. USCIS is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload.

    Last year's application surge did not impact USCIS offices evenly across the country. Although most offices have already processed cases received during the 2007 filing surge, a handful of offices will have a small percentage of their 2007 cases pending at the end of Fiscal Year 2008. That will result in processing times longer than the 10-12 month national average. USCIS will continue to shift resources to ensure that all local offices achieve the goal of five month processing times.



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  • acecupid
    04-14 10:10 AM
    One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.





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  • Appu
    07-09 02:38 PM
    Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

    Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?

    1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

    2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

    Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).





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  • DashingMax
    01-04 11:52 PM
    Already sent an email to my state Senators.

    "Indentured Servitude" seems to be the motto by the current administration. H1B's afterall are smart, educated, English-speaking, honest & tax-paying bunch. By delaying their Greencard, they can get the most out of these hardworking folks, for as long as they can.

    Worker Productivity is, afterall, an important gauge of US Economy.





    rjgleason
    January 5th, 2005, 02:08 PM
    Just some saturation on the reds...but that's how it looks in real life
    Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.

    OH.....can you get me a diet-Pepsi????





    sagar_nyc
    02-11 11:45 PM
    I am with the same employer. Thanks for your answer

    Sagar,

    I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.

    Did you use AC21 or still with the same Employer?

    I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.



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