Thursday, June 9, 2011

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  • anilsal
    10-24 10:49 AM
    Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).

    On Oct 26th, Rep. Tom Davis is going to answer questions.

    I have comment around #169 (look for a comment by janilsal) at:
    http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments

    In the future, there will be more law makers.





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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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  • meghanap2000
    11-06 11:52 AM
    Hi,
    How much time did they give you for responding to the RFE?
    Also any one has a sample of the affidavit?

    Thanks


    I DID NOT GET rfe BECAUSE i have submitted all the documents upfront along with 485 application. For affadavit format.. go to this link..and see formats ...

    Birth Certificate Unavailable / Affidavit for I-485 - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=144485)





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  • jung.lee
    03-03 02:30 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.



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  • JuneBut2ndJuly
    09-06 04:51 PM
    my employer messed it up. originally filed on June 14th and application returned due to wrong check included and mailed again on June 29th .





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  • satishku_2000
    07-30 05:08 PM
    Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765

    Here is a link for your reference.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D



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  • ecruiser
    08-23 11:50 PM
    Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:

    BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?

    MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.

    Could you please give me advice on this? I really appreciate that.

    Thanks.





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  • nashim
    05-12 09:19 AM
    gangadhargs ,
    Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
    I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.



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  • anilsal
    12-28 09:37 AM
    I think it was the period when the formal retrogression phenomenon started.





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  • gc_nebraska
    01-11 11:48 AM
    Siddharta ! My wife is a Canadian PR since 2 yrs and we live in the US, Can i apply for Canadian PR through spouse living in the US? Do you recommend any website for applications, is there any process please help.
    Thanks in Advance



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  • desi3933
    02-18 01:11 PM
    I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA

    One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.

    This applies to interest earned on deposits in banks as well.

    _____________________
    Not a legal advice.
    US citizen of Indian origin





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  • getgreensoon1
    03-14 02:37 PM
    All legit greencard applicants should now get together against these indian bodyshops who smoke all rules and file greencards of these software idiots in EB1 category.



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  • neel_gump
    05-12 03:20 PM
    Security Checks : How and Why

    The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.

    Background on Security Checks

    All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.

    Why Security Checks are Conducted

    The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.

    We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.

    How Security Checks Work

    The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.

    IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.

    FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.

    Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.

    FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.

    Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.

    Conclusion

    The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.

    We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.





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  • meridiani.planum
    10-09 09:44 PM
    E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

    :) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!



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  • adibhatla
    10-09 04:18 PM
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  • thomachan72
    10-19 12:30 PM
    Hi Rajenk:

    I have gone through the link that you have posted here. Thank you so much. It is very informative.

    The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.

    Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?

    Thanks
    Hi you might also need the copy of the labor? or atleast the number for that one?



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  • PD_Dec2002
    07-05 04:32 PM
    From Mathhew Oh (http://www.immigration-law.com/):

    07/02/2007: To File or Not To File, That Is the Question!

    The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
    ---------------

    Thanks,
    Jayant





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  • SGP
    09-21 09:33 AM
    Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!

    Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.

    Lesson learnt: Always check with attorney!

    Now on to the final hurdle! I-485.

    Raj:)

    Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?





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  • franklin
    07-12 11:42 PM
    Please close this thread, there are multiple threads specualting about this stuff, and some members are trying to focus on organizing the BIGGEST RALLY IV HAS EVER DONE!





    HRPRO
    02-23 10:33 AM
    Carry the following
    - As many past W2 as you can
    - Atleast last 6 paystubs
    - All your previous H1B which shows you were always in status
    - Current H1B if applicable
    - Letter from HR of current company stating that you are a full time employee if applicable
    - Copy of 485 receipt notice if available
    - Copy of 140 receipt notice if available
    - Copy of Labour if available

    Plainspeak,

    I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary





    jliechty
    June 14th, 2005, 04:12 PM
    I have a Tamron 90mm macro for my D1, and despite the D1's autofocus strength, AF is still as useless as ever for macro (with the Sigma lenses that have HSM, AF might become somewhat useful in certain limited situations at less-than-lifesize magnification). If I could afford it, I would be happier with a longer lens (maybe the 150mm Sigma as a nice compromise) for most of my macro photography - including butterflies, insects, and plant life in the field.

    Bear in mind that if you do get the Nikon 200mm f/4 (or the Sigma 180mm f/3.5 HSM macro - HSM being equivalent to AF-S), you'll probably want to keep the 60mm for situations where you don't want so much telephoto compression (flowers being a prime example).

    Edit: ah, I see you're using a D2X. Then, maybe you could get some use out of the autofocus for chasing insects in flight. With a D70 (which is what I assumed that you had at first), you couldn't expect so much luck. ;)

    Lose H1B status if re-enter the US using AP? [Archive] - Immigration Voice

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