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  • v2neha
    05-10 07:36 PM
    Following clearly says that EB categories do not matter as long as they are 1, 2 or 3 and not 4 or 5. Here’s an excerpt of page 5 of the linked article.


    9 FAM 42.53 N3.6 Subsequent Petition in Employment-based Classifications

    (TL:VISA-173; 11-10-1997)

    a. Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresen-tation, a priority date accorded by approval of an employment-based first, second or third preference petition is retained by the beneficiary for any other first, second or third preference petition approved subsequently for the same beneficiary. In all cases, the beneficiary of multiple petitions is entitled to the earliest of the filing dates of the various petitions.

    b. A priority date established in the employment-based first, second or third preference category, however, is not transferable to employment-based fourth or fifth preference petitions or to a family-sponsored petition.

    http://foia.state.gov/masterdocs/09FAM/0942053N.PDF





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  • snhn
    09-11 04:03 PM
    Although, no one would have the answer for this, but any comments are appreciated.

    My case states that it is in process. My case is from Oct 2001. Eb3 Non RIR world. Basically, not state advertisemtn was done before it got pushed to backlog. So assuming that DOL will clear its backlog by September 2007, what are the chances that my case will be coming up anytime soon, or will I be the one whose case comes up way in September 2007.

    Thanks!





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  • Adam
    06-12 12:34 AM
    lol....sorry..that's about the extent of my PS skils....





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  • vikki76
    07-19 03:41 PM
    After EAD comes, it might be possible to do MBA full time. But make sure that you have future job offer ready from your sponsoring employer.
    I am doing part time MBA ,maintaining my H1-B. I figured it was too risky to leave job and study full time. There are no guarantees that my employer will keep future job offer.



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  • kareninysimba
    06-30 06:38 PM
    Different from all people all over the forums having their H1B visa stamped succesfully in Nogales, Sonora, M�xico (including ME 3 years ago!), this time I wasn't so lucky.

    3 years ago I got it approved the same day, but for unexplicable reasons, they asked me to come back the next day, that it wasn't ready yet, so an unwanted day in Nogales I had to spend. It wasn't that bad after all, except that, as many know, you can ONLY pick up your passport after 3pm, so it's almost a full more day to spend there.

    This time, on July 29, 2010, it wasn't that good. From the initial data information gathering (finger prints, photo) the lady behind the desk talked over the radio with certain discomfort tone, something about several of us (H1B petinioners I think) being there, that there were like five outside or something. Then murmured some sort of complaint after looking in my I-797 form and checking something in the computer. She handed the form to another guy, who took it aparently to make a copy, then another guy took it again, and she sent me to the waiting area and said she will hand me my form later, which she did after a couple of mins.

    When I was called to the booth, the guy took my paperwork, started typing on the computer as always, then slowed down, kept looking at my paperwork, stared back to the monitor, and in this stage a good 15 mins went by. He finally kind of gasped, took a white form from the forms shelves, and started filling it up, in which I was able to read it started "Dear Solicitor, We couldn't....." and then my heart beat started rising.
    The conclusion was that, they didn't have my approval notice I-797 in their system, and that they couldn't finalized the approval of the visa. He said they notified whoever the hell they needed to notify, and that it would take 3 or 4 days to get what they need....
    Well, I said, this form was approved on April 5, 2010, almost full THREE months ago! How is this possible?? Well, there's nothing I could do, he said. I said, I live in Tucson, how can I stay around for 3 or 4 days or who knows how long more?? He said I won't null your previous visa and you can go to the border and try to explain to them what's happening, they will know. I said, I don't think so, they are square as can be. I asked what would happen when they get what they need to get the visa stamped. He said they'll contact me to the phone numbers and/or the email I left as contact info. I said, how am I going to know when you call me if those phone numbers are in the US and I had to stay around for 4 or more days?? He said I'm sorry, I don't know.

    I left in anger and shock, and went to the border. Clearly, they didn't let me in: No current visa, no entry. They don't care, there's no exception to the rule, there are no calls to the Consulate, there's nothing, no hear, no see, no speak.

    I called my lawyer and they said it also happened a couple of weeks ago to another customer, the Consulate ended up calling him after a week. They say they'll contact the Consulate inmediately.
    They told me that the office where my application was processed (Laguna Niguel, CA), needed to sent it to the Kentucky office, and that maybe this hasn't happened yet... after 3 months?? really??
    I have had 2 H1B and like 4-5 J1 visas stamped in the past and never EVER was any delay of any kind whatsoever.

    So they either stopped letting H1B renew their visas in Nogales and none of the employees even know, or they are just going worse and care even less now for visa applicants. This is very aggravating and disturbing.

    So please be alert all of you H1B petitioners going to Nogales, send them emails in advance (nogalesvisas@state.gov) to make totally sure they have you in the famous "system". Otherwise you may spend 3+ days stuck in there.





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  • pachaik
    08-03 12:58 PM
    I was under the impression that H4 needs to be applied again if you change employers. People make mistakes. The comment on knowledge is uncalled for. I am glad he got directed rightly.

    well it looks like both of you need to apply for extension if your I-94 is expiring in Sep 2007. Are you sure you did not get a I-94 with your H1 approval, if you have not traveled outside the country since getting approval for H1 transfer then that is the I-94 that counts.

    As long as you maintain H1 your wife has been valid even with old employer stamp/entry/date her status derives from you not the employer X. So no worries on that accord.

    But you need to apply for extension if the I-94 is expiring for either of you and you plan to maintain H status.

    pachaik is coming from left field without any knowledge so discount his comments.



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  • h1bmajdoor
    08-19 09:32 AM
    Do not advice people to break the law. Will you be available to take the blame if anything goes wrong to the person's case due to your wrong advice?
    Withholding information from USCIS is an offense. It may/maynot apply in this thread so my statement is more general to everyone.

    Coming back to this question on the thread. This is based on my reading of this subject. Check your labor and I140 and read the job description and the job code. Use that job code number and search the full description of that job code. Your new designation needs to be same or similar to it. And get a GOOD lawyer to help you.

    "go to a lawyer" is your useful advice? and you think the poster couldn't have figured it out for himself?

    my advice is based on practical understanding of how the US works.

    because of this super defensive attitude, we desis are in this mess. while illegals will probably get their amnesty, we will be waiting for our green cards when our grandchildren are in college.

    go out, be aggressive and _demand_ fairness. no one will give you credit for following the law here. people get laws _changed_ here to get their goals.

    if we follow your example, we will be junior programmers when we are 65 years old.





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  • b.rich
    02-11 02:29 AM
    nice project guys, I voted bwh2. Good job to everyone. :D



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  • Better_Days
    11-03 02:58 PM
    Understanding it means that getting a IT occupation classified under EB-2 is going to be tougher starting January 2009 due to the "business necessity" clause. Previously jobs requiring experience from 2-4 yrs + BS or MS+0 -2 could be easily classified under EB-2 and labor approved for the jobs.

    But from Spring 2009 we will probably see an increase in the challenges by DOL or "audits" when they feel that a certain job should not be classified under EB-2.
    The implications are many:
    ...

    I suspected that :(. Is it just me or there seems to be a concerted effort to say NO at every possible opportunity? Sometimes I think that this country will ruin its economy if it continues down the road of making life difficult for those trying to get in legally. But then I question myself if it is a "Grapes are sour" syndrome? I mean the line of people trying to get in gets longer and longer and I don't see any tipping point reached.

    Anyways, thanks for you input .





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  • ashkam
    03-09 10:39 AM
    Socialism at work :D

    How exactly is firing people who did a bad job socialism? Or did you just type in "socialism at work" without reading the post?



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  • rkay
    05-04 11:51 AM
    no one is converting from F1 - GC. its F1-H1-GC if the person wants to file a GC. get your facts straight before posting.
    You didn't understand what I said. Please re-read my earlier post.





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  • fatboysam
    03-24 10:02 AM
    You have brought a interesting point... do the car dealers do that ?
    My understanding is that they check my credit rite on the spot and make the deal rite away !!!!



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  • americandesi
    03-28 01:42 PM
    Unemployment benefits decision is state level, but USCIS will consider any kind of unemployment insurance as potential public charge. The idea is, they do not want someone immigrating to US to be a burden on citizen's tax dollars.



    Please refer Q18. in http://www.uscis.gov/files/article/public_cqa.pdf
    --------------------------------------------------------------------
    If an alien has received cash public benefits in the past, but has stopped, will INS or State find that he or she is likely to become a public charge?

    A18: Past receipt of cash public benefits does not automatically make an alien inadmissible as likely to become a public charge. It is one factor that will be considered under the totality of the circumstances test to decide whether the alien is likely to become a public charge in the future. For example, if an alien received benefits in the past during a period of unemployment, but now has a job and is self-supporting, he or she would most likely not be found inadmissible as a public charge. The more time that has elapsed since the alien stopped receiving the benefit, the less weight it will be given. The length of time that an alien received benefits and the amount of benefits received are also relevant considerations.
    --------------------------------------------------------------------

    Rule of thumb. Make sure that you're employed during the adjudication of I-485 and don't depend on UI for long. Also note that receiving cash public benefits has consequences even after becoming a permanent resident.





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  • Leo07
    11-15 07:09 AM
    A Christmas tree campaign to all the senators(100) and house members(454) with a covering letter would definately invoke more response. One Chrismas tree for one member would suffice.

    "We, highly skilled immigrants have been waiting for 6 - 8 years and still need to wait another 10 years to get our green card

    Excerpt from Department Of State Bulletin - Green Card Processing Dates

    Worldwide | China | INDIA | MEXICO |PHILIP-PINES

    EB2 | C | 01JAN03 | 01JAN02 | C | C

    EB3 | 01SEP02 |15OCT01 |01MAY01 |22APR01 | 01SEP02

    EB2: Master Degree and Doctorate or 5 years exp after Bachelor Degree
    EB3: Bachelor Degree or Professional

    Complete visa bulletin
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html

    We request you to reuse the unused green card visa numbers (visa recapture) from 2001 - 2004 due to the inability of INS/USCIS to adjucate green card applications in a timely fashion. The unused visa numbers in a year cannot be rolled to another year. This would give normalancy to our lives as highly skilled immigrants."

    I think sticking with 'flowers' is a non-controversial campaign...
    we may end up...offending some jews/muslims/aethists/Press and there are chances that it may end up as a Negative Publicity.

    I'm not trying to contradict your thoughts...just throwing out mine. I really liked the idea of Christmas Tree though.



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  • rkay
    05-04 08:25 AM
    To me this looks to be one more case of EB2 fraud. Desi consultant plus trying to prove INdian MSc is equivalent to US graduate degree. At least USCIS has woken up now.
    To me all F1 Eb2s are fraud who came on non-immigrant intent visa and later filed for GC.





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  • puddonhead
    07-14 01:45 PM
    I apply for the EAD/AP for my wife all by myself (since my employer won't pay for it), while my own EAD/AP is filed through the company lawyer.

    I have consistently seen that my wife's EAD/AP comes in very quickly (within 2 weeks of USCIS receiving application) while mine always takes longer. e.g. this time around - my wife has already gotten her EAD, while I am still waiting for mine. the total turnaround time for her was 3 weeks between when I sent the application and when she got her EAD. This 3 weeks included the transit time for the application package (UPS) and the EAD itself sent by USCIS (via USPS First Class mail). So the actual processing time taken by USCIS is much less - maybe around 7/10 days.

    This has been consistently the case (2008 EAD/AP, 2009 AP, and now 2010 EAD, just sent the AP application and hoping for the same). Given the consistency, I thought I will share the details of exactly what I do, and hopefully the other members will also get approved theirs quickly due to some process quick on USCIS which has helped my wifes application so far.

    Things I do:
    1. Paper application. I never e-file EAD/AP applications.
    2. Cover Page (will post the exact cover page template once I reach home) giving the summary of the application (Basis of eligibility, identification info, attached documents etc).
    3. I dont staple anything.
    4. The payment check is in a sealed envelope with the identification information written in the envelope.
    5. The photographs (2 copies) are in a sealed envelope. The photographs have the name and A# written in the back (careful to let the writing dry for a few hours before putting in the envelope - else you will have nothing but smudges).
    6. The whole thing is in a transparent poly folder such that the cover page is visible from outside.
    7. I ship the whole thing (including the poly folder) using UPS envelopes available at any UPS store.

    You can buy the poly folders as well as the self adhesive envelopes from staples (Staples� Translucent Poly File Folders, Assorted, 6/Pack | Staples� (http://www.staples.com/Staples-Translucent-Poly-File-Folders-Assorted-6-Pack/product_533539)).

    The end result of all this packaging is that the USCIS mail room clerk doing the sorting and everything can see enough information from the cover page *without opening the package* (remember - the poly folder is transparent) that he should be able to route it to the appropriate place very quickly.

    It may simply be a fluke and my meticulous packaging may not have any bearing whatsoever on the quick approval for my wife's applications. Nevertheless, It does not hurt to make the life easier for the USICS Mail clerk nevertheles and it will not cost you more than $2/3 per application.



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  • axbasit
    12-31 03:19 PM
    FBI namecheck is also a part for certain visa applicants, specially if you belong from those designated 30 countries, several H1-b visa applications have been delayed significantly just because of the fact the name check is not complete, the INS officer will tell you that 'administrative review' is not complete, and you should wait.

    some people had to wait even 6-9 months before they could get visa stamp, and for that period, they had to either take leave on absence or work from remote location(outside US ofcourse) or loose job, while they wait for visa stamp and not work, the time still counts against H1-B 6 year time.

    The value of the FBI name checks needs to be evaluated, the process has just became an excuse to bring misery, frustration ,depression and financial loss to a lot of non-immigrant and immigrant applicants, the process details needs to be de-classified so the transparency and efficiency of the process could be evaluated.





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  • AllVNeedGcPc
    03-13 11:28 AM
    - I applied PR in 2006, just sent FBI clearance (requested rush service from FBI in Clarksburg, WV and got within 21 days)
    - Was asked FBI clearance again in late 2007, as old one expired, sent again
    - Did landing in 2008
    - Traveled to CA, twice since then, with PR and back on AVR (flew first time and drove next time): No questions asked
    - Still waiting on US GC, now contemplating (after watching Olympics in Vancouver) if should move





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  • easygoer
    07-06 12:32 PM
    Humor is a useful tool in writing and can be used to open a dialogue on sensitive topics such as race and racism in America. However, Stein completely missed his intended mark and instead used the article to support racism and stereotypes of a group of people who are already marginalized in American society.

    I am extremely disgusted that Stein used racist epithets such as "dot heads" and continued to play on untrue stereotypes about Indians (i.e. that Indians are either all genius engineers or not so bright merchants). However, I am also very disappointed that Time Magazine, a highly respected publication, decided that it was acceptable to print such a blatantly racist article.

    After Stein received some backlash for his article he updated his Facebook status to "apologize" to those who were offended: "didn’t meant to insult Indians with my column this week. Also stupidly assumed their emails would follow that Gandhi non-violence thing."

    Stein's apology was inadequate and proves that he doesn't understand why his article and "humor" are inappropriate. Unfortunately, Stein completely missed his mark in trying to create a funny take on America's growing diversity and how people deal with it. We must demand that he and Time Magazine issue a decent apology to the Indian community (for example, one that does not involve more stereotypes)


    Time and this duck (buck)head joel stein should issue a thoughtful and adequate apology in the next issue of Time Magazine for this article, acknowledging that it is offensive and vowing to not print another article of this nature again.

    I am reading Time since last six years. Sakthisagar has a point and this article was not humorous. On the contrary, he is trying to prove Indians as US culture destroyer. He seems to be upset with Indians being in edison. Time megazine goes to all over USA and damage been already done to Indian community's image, specially with the those americans who are not in direct contact with us.





    test101
    08-17 05:12 PM
    My application got at NBSC at july 1st at 10 pm and till now my checks has not been cashed. now i'm realy worried.





    dixie
    03-20 05:56 PM
    yes, you will need to wait for your priority date to become current.PERM has nothing to do with the visa number being available for adjustment of status(I 485).



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