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  • EndlessWait
    07-23 08:08 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...

    and wait it out for 6 months and then change ur employer and find a job with the same skill set. as per USCIS ur job description has to be nearly 90% same.. so for u the best option would be to wait and watch..u've no other choice..





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  • rajpatelemail
    02-12 12:37 PM
    If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.

    If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
    Who knows you may get Labor/I140 in this 1.5 years and may get everything well.

    DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.

    If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.


    Now please give me green, as i do not have many; ;)





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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.





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  • pappu
    02-02 02:54 PM
    House Immigration Subcommittee Holds Hearing on Naturalization

    On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

    Remarks by Subcommittee Members

    In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

    Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

    USCIS Director Emilio Gonzalez

    Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

    In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

    Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

    During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

    Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

    Non-Government Witnesses

    Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

    Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

    In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

    Additional Information

    In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

    He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.



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  • akhilmahajan
    02-04 11:06 AM
    Yes i did. It was the same way for my dad when i was on H-1B.
    I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.

    He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.

    I hope this helps.

    GO IV GO. TOGETHER WE CAN.





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  • sanax
    11-30 12:38 AM
    Hi

    I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.

    I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.

    I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.

    Stupidity has no boundaries! :mad:

    Any advice or comments will be appreciated! Thanks.



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  • PD073102VA
    03-26 09:43 PM
    One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.





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  • sdudeja
    01-30 06:00 PM
    I am not sure. But the FP notice was mailed on 23 dec and the other document on Jan 12.



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  • laksmi
    02-05 08:01 PM
    It is your employer how have to support your H1B renewal inform him before itself.
    If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.





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  • Outkastpb231
    11-02 03:53 PM
    Well maybe you should give him some constructive critism and help him out?

    Personally I think your ok its just most of ur stuff is from tutorials try to get some projects under your belt then ask people..

    i do like the vapour logo thing thats nice and simple :P

    I also am a lot better at Coding/Html than Photoshopping, I can make custom Media Player Interfaces/Skins and projects to that affect.



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  • fatjoe
    08-25 11:03 PM
    fatjoe,

    There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)

    As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.

    I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.

    Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.





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  • Outkastpb231
    10-29 06:04 PM
    I'm sorry guys, my skills are not that of a professional, hence the title "Freelance Photoshopper" but I can do a whole website (Not really really really fancy), code, and flash animations.



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  • vicks_don
    01-23 08:22 AM
    You guys are great Leaders...





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  • pthoko
    08-03 01:06 PM
    Yes



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  • baskarans
    10-08 02:15 PM
    PIO card is valid for 15 years and no need to apply for visa every time you go. You just present it with the passport when entering/departing in India. it takes about 20 days to get it they say 15 working days which is about 3 weeks. if you do in person they will check all documents and let you know if there is some thing wrong so you can correct it and submit it and no issues when issuing. they give you date to pick up or even you can ask them to mail back for 15$. i would say get poi if you have time and also if you are local do pio if you are not getting it by the time of travel you can always go and get visa the same day. http://www.cgisf.org/ is the sfo counslate website can get all the infor and download application there. even you can email them they are very prompt in replying you will get a reply the next day if you have any questions





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  • ameryki
    07-20 11:17 PM
    Hello,
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?



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  • beppenyc
    03-20 08:15 PM
    http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

    Q Okay. My question is, since 9/11, one of the key things that we need
    is immigration reform, including comprehensive immigration reform that is
    right now in front of Senator Specter's committee in the Judiciary. There are
    two principles I'm hoping that you would support: One, the good people, the
    engineers, the PhDs, the doctors, the nurses, the people in the system who
    have followed the rules, will go to the head of the line in any form of
    immigration reform. That's Title IVz of the bill.
    Secondly, the illegals who have not followed the rules -- I understand the
    debate, I appreciate your statements about immigration reform, but isn't it
    better that we know who they are, have them finger-printed and photographed,
    and allow some form of 245I to come back so --

    THE PRESIDENT: Tell people what that is. Tell people what 245I is.

    Q Okay -- 245I is a partial amnesty program that expired back in 2001,
    in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
    a small segment of the illegal population where they would pay the $1,000 fine
    and, for example, coming in illegally, then marrying an American citizen,
    could somehow legalize their status.

    THE PRESIDENT: Okay. Let me give you some broad principles on
    immigration reform as I see them. First of all, we do need to know who's
    coming into our country and whether they're coming in illegally, or not
    legally -- legally or not legally -- and whether they're coming in or going
    out. And part of reforms after September the 11th was a better system of
    finding out who's coming here.
    Secondly, we have a big border between Texas and Mexico that's really hard
    to enforce. We got to do everything we can to enforce the border,
    particularly in the south. I mean, it's the place where people are pouring
    across in order to find work. We have a situation in our own neighborhood
    where there are way -- disparities are huge, and there are jobs in America
    that people won't do. That's just a fact. I met an onion grower today at the
    airport when I arrived, and he said, you got to help me find people that will
    grow onions -- pluck them, or whatever you do with them, you know.
    (Laughter.) There are jobs that just simply aren't getting done because
    Americans won't do them. And yet, if you're making 50 cents an hour in
    Mexico, and you can make a lot more in America, and you got mouths to feed,
    you're going to come and try to find the work. It's a big border, of which --
    across which people are coming to provide a living for their families.
    Step one of any immigration policy is to enforce our border in practical
    ways. We are spending additional resources to be able to use different
    detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
    way, expand the number of agents on the border, to make sure we're getting
    them the tools necessary to stop people from coming across in the first place.
    Secondly, part of the issue we've had in the past is we've had -- for lack
    of a better word -- catch and release; the Border Patrol would find people
    sneaking in; they would then hold them for a period of time; they'd say, come
    back and check in with us 45 days later, and then they wouldn't check in 45
    days later. And they would disappear in society to do the work that some
    Americans will not do.
    And so we're changing catch and release. We're particularly focusing on
    those from Central America who are coming across Mexico's southern border,
    ending up in our own -- it's a long answer, but it's an important question:
    How do we protect our borders, and at the same time, be a humane society?
    Anyway, step one, focus on enforcing border; when we find people, send
    them home, so that the work of our Border Patrol is productive work.
    Secondly, it seems like to me that part of having a border security
    program is to say to people who are hiring people here illegally, we're going
    to hold you to account. The problem is our employers don't know whether
    they're hiring people illegally because there's a whole forgery industry
    around people being smuggled into the United States. There's a smuggling
    industry and a forgery industry. And it's hard to ask our employers, the
    onion guy out there, whether or not he's got -- whether or not the documents
    that he's being shown that look real are real.
    And so here's a better proposal than what we're doing today, which is to
    say, if you're going to come to do a job an American won't do, you ought to be
    given a foolproof card that says you can come for a limited period of time and
    do work in a job an American won't do. That's border security because it
    means that people will be willing to come in legally with a card to do work on
    a limited basis, and then go home. And so the agents won't be chasing people
    being smuggled in 18-wheelers or across the Arizona desert. They'll be able
    to focus on drugs and terrorists and guns.
    The fundamental question that he is referring to is, what do we do about -
    - there's two questions -- one, should we have amnesty? And the answer, in my
    judgment, is, no, we shouldn't have amnesty. In my judgment, granting
    amnesty, automatic citizenship -- that's what amnesty means -- would cause
    another 11 million people, or however many are here, to come in the hopes of
    becoming a United States citizen. We shouldn't have amnesty. We ought to
    have a program that says, you get in line like everybody else gets in line;
    and that if the Congress feels like there needs to be higher quotas on certain
    nationalities, raise the quotas. But don't let people get in front of the
    line for somebody who has been playing by the rules. (Applause.)
    And so, anyway, that's my ideas on good immigration policy. Obviously,
    there's going to be some questions we have to answer: What about the person
    who's been here since 1987 -- '86 was the last attempt at coming up with
    immigration reform -- been here for a long period of time. They've raised a
    family here. And my only advice for the Congress and for people in the debate
    is understand what made America. We're a land of immigrants. This guy is
    from Hungary, you know. (Applause.) And we got to treat people fairly.
    We've got to have a system of law that is respectful for people.
    I mean, the idea of having a program that causes people to get stuck in
    the back of 18-wheelers, to risk their lives to sneak into America to do work
    that some people won't do is just not American, in my judgment. And so I
    would hope the debate would be civil and uphold the honor of this country.
    And remember, we've been through these periods before, where the immigration
    debate can get harsh. And it should not be harsh. And I hope -- my call for
    people is to be rational about the debate and thoughtful about what words can
    mean during this debate.
    Final question, sir. You're paying me a lot of money and I got to go back
    to work. (Laughter.)



    PS I did not know about the story of I-245 on 9/11....





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  • deardar
    02-08 07:59 AM
    Hi,
    I am waiting for replys.
    But with in one month of my h1 approval of nov2007 i came to India.
    I did one certification(one paper) in one language in november2007.
    I have only one paystub.Do i need my employer 3 yrs tax papers.I am the 1st employee to my employer.Is any other documents needed other than pictures of my employers office,tax papers.Did i have to submit my indian experience or any other documents from indian company.Right now Can i change years of experience in india(Actually i submitted in h1 process 2 +yrs of experience in india,Can i change that to 1 yr exp in india now.Because i missed few documents of india experience).

    In which location is easy for me to stamp delhi|mumbai|chennai.
    Pls post experiences and needed docs.

    DO you have a choice ? I thought if this is first time stamping you have to go to the consulate which serves your state.





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  • vmetla
    07-30 07:48 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.





    meridiani.planum
    08-19 12:26 AM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007

    what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?

    you got an approval notice, you are through. enjoy man. :cool:





    gc_check
    07-09 07:12 AM
    Guys, see below link... It is pretty bad ... Job posting to hire someone for pre-approvd labor.... All posts within last 2 weeks by 10 companies..... May be we need to email DOL and also other govt. organizations ....

    http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0

    Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..



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