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    • cox
    November 2nd, 2005, 12:31 AM
    Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't...

    Yeah, but I respect the opinions of the web-browsing advisor more... :)
    Need some urgent help [Archive] - Immigration Voice
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    View Full Version : Need some urgent help




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    • Sakthisagar
    10-14 10:32 AM
    Source The OH law firm

    The Oh Law Firm (http://www.immigration-law.com/)


    10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?

    The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.



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    • BMS1
    08-21 10:24 PM
    Congrats. on getting out of the queue!

    Was your a physician HPSA NIW or another type of NIW?


    No my NIW area was engineering (technology - data security)



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    • bank_king2003
    04-22 02:04 PM
    So basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.

    Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it

    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.


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    • maverick_joe
    02-12 02:24 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?

    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag



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    • angelfire76
    12-07 05:21 PM
    Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

    However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

    Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
    Just a thought.


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    • regacct
    11-12 11:03 AM
    FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)

    Find answers to your questions Sect 15: Converting categories/statuses



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    • eb3_nepa
    07-29 05:42 PM
    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".


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    • pd_recapturing
    08-22 04:13 PM
    "Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).

    Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit
    Why do u need them for gc ? Your 485 is already pending.



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    • pd_recapturing
    08-22 04:11 PM
    I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
    Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?


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    • ash27
    06-06 10:36 PM
    I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..



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    • keerthi
    05-13 02:26 PM
    Many thanks for that reply.

    My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.

    I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.

    But, can we apply for a H1-B when my L1-B is pending in the AAO?


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    • ak_manu
    07-23 03:15 PM
    The way EB2 is progressing now, it looks like you might get your GC in a year or two. I would definitely recommend staying with current company. Once you have GC you can choose any job you want and earn more too:-). Also, it might help you spouse with tution and job (in case no one sponsers H1). So, I would think patience is the Key.

    If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.

    Makes sense??



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    • PD_Dec2002
    07-22 10:10 PM
    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.

    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant


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    • jediknight
    10-12 12:00 PM
    Lou Dobbs� Next Home: Fox Business? (http://mediadecoder.blogs.nytimes.com/2009/10/12/lou-dobbs-next-home-fox-business/)

    Fox can keep him along with their other crazies :-)



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    • go_gc_way
    06-01 03:55 PM
    We have discussed this issue earlier on this forum.

    IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.

    So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.


    Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.

    My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?

    Question for Admin : Was this poll started by IV?

    BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.


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    • smuggymba
    01-17 03:31 PM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.


    Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.



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    04/08/2008http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/lpr/)Lawful Permanent Residents (LPR) (http://www.cbp.gov/xp/cgov/travel/id_visa/lpr/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/nseers/)NSEERS (http://www.cbp.gov/xp/cgov/travel/id_visa/nseers/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/)Temporary Residents for Work or Study (http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gif-Transiting the U.S. (http://www.cbp.gov/xp/cgov/travel/id_visa/iti_transit.xml)- TWOV and ITI Programs
    - 10/02/2007http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/)Visa Waiver Program (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/)http://206.241.31.141/ImageCache/cgov/templates/images/featured_5fseealso_2ejpg/v2/image_2ddata/1/featured_5fseealso.jpghttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/)Visiting for Business or Pleasure (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/)


    More... (http://ashwinsharma.com/2009/12/21/us-customs-and-border-protection--travel-information-for-international-visitors.aspx?ref=rss)



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    • fittan
    03-16 06:27 PM
    GCPagla,
    Job title doesn't have to be the same. The requirement is "same or similar" job. I am in the IT networking...network admin, system admin, network engineer, system engineer, IT consultant, network consultant are all the same. The key is that the job description is similar...there are no guidelines basically its all common sense. For you to go from programmer analyst to development is perfectly ok.

    I've not done AC21 before. But if I do, here's what I'll do...Compare your labor description with the new job requirements. They should be similar. Prepare a AC21 letter that list the common and general requirements and send it to the USCIS. They are no official forms and some people even say that this letter is not necessary. However, I think it is important to cover your behind. Make sure this letter is certified, registered so that if anything happens you can prove that you did inform them and ported your I-140 to the new company.

    Fittan



    pointlesswait
    04-20 09:03 AM
    Dude,... Fasa is only for US citizens..
    and even the banks will reject you if u dont have a GC..

    You get only a personal loan....or personal line of credit..from MBNA...(best option)

    Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.



    Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.

    After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.



    jnraajan
    01-08 04:57 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I used my new passport number and never had any issues. In fact, I also had filed for an H1b extension with the new passport. so, Dont worry


    Posted by Oleksandr at 11:39 AM

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