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  • My CTO had a fake resume which said he worked at NASA and studied at MIT. When they ran a background check, everything was false. He was fired. He is a US citizen





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  • That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
    looks like we have a winner!! Temp, I say you take a shot at the Ya' RLY one as well - you might surprise yourself!





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  • No FP yet!





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  • Only talk and no action. I thought lots of immigrants and IV members are there in TEXAS. Where are those guys?





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  • I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?

    It is your call.
    If you think your job is quite stable and you would be OK for next 1-2 years and your PD is close it is worth staying here because if US economy is bad I don't think Canadian Economy would do very good either.
    Otherwise you should try to maintain canadian GC. As they say a bird in hand..... If you can find a job in canada life there is good. I was in a similar dilemma as you last year but by God's grace got my GC in time.

    Some people told me last year that Canadians are not very strict about enforcing 3 year presence rule. Some people were admitted even after they stayed out for more than 3 years after landing.

    But today I read on this forum that they strict these days.





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  • My PD is

    March 2008. Labor approved on May 08 Eb3-I
    I-140 applied on June 2008
    Got RFE on april 2009
    Replied RFE on this week.





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  • Guys,
    Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

    So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....

    SoP





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  • Hi Friends,
    I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.

    May be its my wild hope... still..

    If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?

    Thanks,
    Immi_Chant





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  • Gurus/Attorneys,

    My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

    Any inputs/suggestions are greatly appreciated!!





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  • Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).





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  • I agree, that for most of the cases "approved" is a safer approach.
    But there can be some specific situations.

    Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.

    Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.

    This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.

    ================================
    Here is the answer from USCIS:
    "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 a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A
    "
    =============================

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.





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  • USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..

    Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
    Options

    1) Give 3 yr ead and AP

    2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)

    Give us all GCs? Nice idea, now meet reality:

    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
    Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.

    It would also save about $350 million.

    The response? No thanks.

    Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .


    USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...


    3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).





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  • That's an eternal open question all of us have here :-)

    To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!

    Thanks





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  • Hi

    There is no approval notice for PERM labor. USCIS puts the approval number and date on the application itself which contains the job duties. I hope this helps.

    Thanks.





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  • the main grey area for n2b is --

    when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.

    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.

    im not sure but i think u shud be OK.

    - in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
    rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.





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  • not yet.





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  • I am holding MCA with 10+ years experience. My degree got evaluated to be equivalent to MS in US.

    Just to let you know switching from EB3 to EB2 is not as simple as one would think. I assume you are aware of it.

    To switch you need to start from Labor and be careful with the job requirements. And then your educational qualification and work experience.

    Here are the EB2 minimum requirement.

    JOB should require minimum of Bachelors degree with 5 years experience or Masters with or without experience.

    Good luck.:)





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  • Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me

    It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.





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  • Thank you for your reply.





    I have a future employment never worked for them and was going to do a AC21 cause I received RFE asking my intent, the RFE mentioned that I can either do AC21 with current company or stay with the future employment company... :confused: I stayed with the future employment company and I thank my stars cause the current company I worked for went under...:eek:
    My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!

    Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI





    Success Formula for EB2-I:
    1)- Get rid of all EB3 => EB2 conversions
    2)- Get rid of all Subs

    And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

    Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah



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