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  • WAIT_FOR_EVER_GC
    06-21 02:04 PM
    suggestions? ^^^^^^^

    1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
    Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
    2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
    3) Apply I-140, I do not know if we have Premium Processing for it.
    4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
    In your case 04 Eb3 will be now 04 Eb2.
    The I -485 will have the old priority date 04 Eb2.

    Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.




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  • Mayra75
    12-31 07:29 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?




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  • RNGC
    01-26 03:49 PM
    The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.




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  • WAIT_FOR_EVER_GC
    11-11 12:51 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
    Every week there is a free call
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.



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  • WAIT_FOR_EVER_GC
    06-12 02:38 PM
    I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...

    that eventually. .the CIS will resort to the best option they have....

    They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).

    USCIS have already adjucated a lot of cases. They will not issue RFE's left and right.
    They issued a lot of green card's without RFE's last year




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  • satyasaich
    02-10 09:24 AM
    First of all, you can go any consulate in india, which ever gives you earliest date.
    Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
    Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
    Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt

    Good Luck
    Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

    Thanks



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  • tejonidhi
    11-27 10:35 AM
    Hi,
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you




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  • iq5203
    01-20 07:10 PM
    In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.

    Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.

    Read fine prints very carefully.

    According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.



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  • cagedcactus
    10-31 10:58 AM
    For those who are new to the forums, please contact Walking_dude to sign up for an active membership in Michigan chapter. We all need to join hands and go to work. We have core members standing behind us, ready to back us up on various issues regarding backlogs and other immigration issues.
    Help us help yourselves.....
    Rise now, its now or never....




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  • anilsal
    08-15 01:44 PM
    Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what are doing to community.

    Thanks for the contribution. :) Also I do suggest you take a look at the IV merchandise.

    Getting checks cashed must be a relief for you. Enjoy the peace that comes with it. :)

    Additionally:
    http://immigrationvoice.org/forum/showthread.php?t=12389



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  • san3297
    06-29 03:36 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.




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  • plassey
    07-28 11:35 AM
    One more expert...:D
    My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....



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  • wellwisher02
    03-27 03:39 PM
    why will it retrogate again? we will see forward movement. be +ve and optimistic.:)

    Agreed! Let's think positive that it will move forward.




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  • Hassan11
    03-26 11:53 AM
    no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.

    any feedback is appreciated.


    There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

    Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.



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  • harrydr
    08-03 09:36 AM
    Hello IV friends,
    My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.




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  • logiclife
    04-28 12:43 PM
    This was a post I did 16 months ago, when Immigration Voice was 3 weeks old and no one knew anything about CIR of 2006.

    As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.

    There is some good news today from bloomberg:

    http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home



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  • mantagon
    07-15 01:18 PM
    I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.

    Yes, thats exactly what I meant. Thanks for the clarification.




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  • Lisap
    08-03 12:16 PM
    Well atleast we arent alone I guess




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  • smmakani
    07-09 11:04 AM
    CP Filed at Mumbai Embassy - India
    PD: Oct 2003


    I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.




    kumar1
    06-14 03:03 PM
    God bless Raj. I am not sure if every story ends like this particular one.
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)




    Better_Days
    11-03 07:13 PM
    Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.

    Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.

    Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.

    Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.



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