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Monday, June 13, 2011

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  • beautifulMind
    11-27 04:21 PM
    USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..

    Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
    Options

    1) Give 3 yr ead and AP

    2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)





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  • AUG2005GC
    08-27 10:04 PM
    Hi folks,

    Is there any body out here ported eb3 to eb2 from same employer.
    If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

    Your help is greatly appreciated.

    Many thanks in advance

    its is definitely possible provided your position has new responsibilites preferably management responsibilities in addition to current responsibilites. I applied in EB3 as a programmer and 4 years later with same employer i appied as Project Manager in EB2. I got my date ported and got my GC last month. Hope it helps. Best Luck





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  • ivar
    01-21 03:57 PM
    What an irony, these guys will not let us file nor to withdraw, :mad:

    gcdreamer05,

    Thanks your comment made me smile. :) I wish there were processing dates for PERM withdrawals and PERM appeals.





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  • dollar500
    04-10 11:39 AM
    AFAIK it's not published yet. Also it's two years extension which is under review not three years.

    Good luck



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  • Leo07
    02-01 10:25 AM
    we all need to fill the survey so that they can at least think about bumping up the priority.

    PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(

    I'm assuming they'd fill out the survey the other way?

    Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.





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  • zeta7
    03-25 06:55 PM
    Sorry to hear about your luck. Like Skalra mentioned, I too would look into using your AP to re-enter. You said that you had already received your EAD, so I'm assuming you applied for AP too? Otherwise I think you'll just have to weather it out. Based on other posts here I think it'll take 4-6 weeks to get verification done.

    And can they really just hold your passport at the embassy? Can't you request to have it returned, if for example, you want to use the AP option? Perhaps some other scholars here can answer that question.



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  • desi3933
    05-11 05:53 AM
    Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

    AOS is not a visa status. So, for https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet one should select None for the visa status as the person is not maintaining any non-immigrant visa status.

    AOS is period of authorized stay while I-485 application is pending.


    _________________
    Not a legal advice.





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  • maverick_joe
    11-16 03:12 PM
    no u cant, u would need to take and infopass appointment, but you could talk to cust care and open an SR first.
    to talk to an IO at the texas service center use the following
    Call 1-800-375-5283
    Press 1
    Press 2
    Press 2
    Press 6
    Press 1
    Now enter your receipt number
    press 1
    press 1 (now listen to the case update info)
    press 3
    press 4
    (now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)

    remember u will have to call in the moring before 11.30 to be able to talk to an IO.



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  • solaris27
    05-22 09:29 AM
    yes u can do it





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  • roseball
    11-29 12:55 PM
    Saurav,

    I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
    Hope this helps.

    Nothing to worry.....Thats what happened to one of my friends too...Primary applicant's status changed to card production ordered and no change on spouse's application...But a couple of days later both applications changed to welcome letter sent...So hang in there for a bit and congratulations...



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  • bijualex29
    07-31 08:57 PM
    >>>>





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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?



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  • gemini23
    08-02 02:10 PM
    Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.





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  • glus
    05-10 09:58 AM
    Hello,
    You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.

    I hope it is helpful.

    Best Regards,



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  • Boney
    January 27th, 2006, 02:14 AM
    Can somebody tell me which is the best DSLR as of today (27/01/2006) For around 1000 dollars





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  • sertasheep
    08-23 09:42 PM
    Dear IV Members,

    We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.


    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Name:
    City/Area:
    Added 08/26/2006: <<Country of citizenship>>:
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

    --------------------------------------------------------------------------



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  • gcsomeday
    04-02 05:04 PM
    Others, please correct me if I am wrong.


    I think you need labor from current employer and an I140.

    You can not port your PD to a different employer based on just an existing labor.

    You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.

    If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.

    Most importantly talk to a lawyer rather than depending on people here.

    Good luck.





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  • pathmaker
    09-22 08:56 AM
    Hello,
    Anybody has information to offer for such a case ?
    Thanks.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current





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  • humdesi
    12-21 08:30 PM
    If you were born in India, EB-2 or EB-3 doesn't matter.
    Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.

    Good luck!





    RadioactveChimp
    04-16 02:02 AM
    yes yes I know...let's leave this in the past alright? :lol:





    bp333
    09-25 12:51 PM
    I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.

    Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??



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