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  • dannyvn
    06-27 12:21 PM
    sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?

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  • indyanguy
    08-11 07:13 PM
    bump ^^^

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  • mbartosik
    01-30 08:41 PM
    Yes this looks bad, and what we're trying to do with MI will be stomped on to a large extent by this.

    The key problem is that it assumes that DHS SAVE system is up to date, and we know how far USCIS gets with data entry.
    Also licenses to be marked as temporary.

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  • senthil1
    12-05 05:44 PM
    No difference this year. This year most H1bs will go to Indian consulting companies as they will process and keep them in India. Also many US Master degree graduates will pay money to consulting companies and get H1b though there will be no new jobs. Only US companies like Intel,Google will reduce/stop hiring H1b and non H1b.

    I think H1b will last more month this time than past 3 years. And lawmakers will think its not right time to increase.

    I spoke to 1-2 relatives who are having consulting business and they told me they are reducing work force.. ( Not lay off but not interested to hire more and more h1b in this slow economy ) ....


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  • blackberry
    07-24 12:26 PM
    I have already contributed which bucket do i fit in... :)


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  • menezeswayne
    12-11 03:05 PM
    Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?


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  • div_bell_2003
    01-09 04:42 PM

    Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.

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  • PlainSpeak
    02-23 09:00 AM
    To bring more details to my question:

    a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
    I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
    Morever my new employer will not provide me a Ac21 portability matching my labor cert.
    My role responsibility is following as per labor cert.

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?

    Thankis in advance.

    The rule is that the job description should NOT change by more that 50 %. Though on the outside Lead Architect and Programmer/ Analyst/Systems, Software/Engineer/Developer look like they have different job description, you need a lawyer to tell you how much of a difference it is. My suggestion would be to shell out moeny and have a one time meeting with the lawyer to get his suggestion. Be prepared to have all talking point ready when you go to meet the lawyer


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  • amitk81
    05-01 08:18 PM
    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.


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  • techbuyer77
    06-12 03:45 PM
    Please help!
    I just filed i-485. My pD is Jan 2004
    i-140 has been previoulsy approved.
    Now my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
    I have another employer which I am working now with.
    How likely is to get an approval (or an rfe for paystubs?) before 180 days.
    I am eb3 row
    Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending


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  • frostrated
    06-25 01:06 PM
    Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.

    Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.

    Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?

    Thanks for your help in advance.

    you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.

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  • chanduv23
    10-30 04:35 PM
    yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
    1) establish action items
    2) find volunteers to carry out specific action items
    3) set drop-dead dates for each item
    4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
    5) list out our progress/obstacles/lessons learnt

    Thanks for the excellent feedback. Do please write to the yahoogroups your overall experience during the NJ meet.

    We are currently restructuring the yahoogroups, we removed all bouncing and anonymous ids and making it extra secure. The idea is to make yahoogroups exclusively for local chapter activities and mobilization within the chapter.

    Tri State still needs mobilization in Long Island and Upstate NY and I am trying to jump start these sub units, I want help from people living in those places.


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  • h1techSlave
    12-04 04:57 PM
    Increase in H1B with out corresponding increase in visa numbers is bad for us. But the industry is all for it. They will get a ton of slave labor for the next 5-10 years.

    Somebody needs to look at the issue of mismatch between increased H1-Bs and visa numbers for greencards. Otherwise the current green card backlog for some EB countries will only widen leading to untold suffering for people from many countries. Maybe they should have a new visa similar to H1 but which does not allow the holder to apply for a green card. The better solution is of course recapture of visa numbers. Simply increasing the H1-B quota will be quite detrimental.

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  • willIWill
    10-22 01:09 PM

    Your case seems peculiar to the ones that is normally discussed in this forum. I would suggest you post your message in the "ask a lawyer" section. You might get a better response from an attorney who practices immigration law.

    Hope all works out well for you.



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  • anjans
    07-10 08:54 PM
    H1gurus pls advice

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  • yabadaba
    07-02 09:47 AM
    if you really doubt.. then get the hell outa here you illegal jerk. go back to your gas station.


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  • theoyilma
    09-10 03:03 PM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!


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  • akgind
    03-12 05:51 PM
    That's right. I have done just that. Since you are filing a fresh PERM and I-140, it can be a different employer, entirely different job, title, salary. etc. You are only porting the date from the other I-140, nothing else.

    Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.

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  • scorpioduo
    04-16 03:58 PM
    EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.

    I agree with GC Struggle here....

    03-18 05:08 AM
    Dear All,

    My history has be read at -

    Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.

    On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).

    On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.

    The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?

    I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.

    Do you guys have any idea what is likely to happen when i submit my passport?

    03-01 02:07 PM
    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.

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