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  • As long as you show that your job is atleast 50% different from the previous within the same company, you can use the experience from the current employer. You dont need to be promoted or move to business development.

    You can use the 5 years exp from current employer. But the new position itself should require 5 years exp to qualify for EB2. File your PERM then when you file you 140, include your previous approved EB3 140 with the older PD and ask to port the PD. Then when USCIS will approve your 140, it should have the correct EB2 cat and older PD(from EB3 app).

    Thats all. I was able to recapture my PD but I had a Master's degree. The only issue was that I graduated AFTER I joined my long time employer. So in the old RIR world you could not use that but PERM relaxed/cleared up the 'graduation' issue and we filed for a new EB2 application. In your case you will use your 5 years exp to qualify for EB2 rather than Masters.

    The process is tedious but rewarding at the end. Hopefully your corporate lawyers will help you in this. A lot depends on your company and your supervisor, they need to be motivated.

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  • I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided liks to USCIS to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.

    Did you threaten them with a lawsuit. You would be surprised at what a threat like that can do.

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  • Can a spouse of a person on Eb3 apply for EB2(if eligible) and then port his/her application with the EB3 PD for the family?

    I doubt you can do that. Labor and I-140 (stage when you port the PD) are person-specific and not for the 'family'.

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  • I usually shy away from replying to what people have to say about legal immigrants as I strongly believe that each person is entitled to his/her own views. Having said that, people like Communique (not directed at you, but using your name as you seems to be the most vocal), don't seems to realize that it is in the interest of this country to have well educated legal immigrants. I just hope that the opponents of the legal immigration realize that each legal immigrant (at least in the EB category) is very well qualified and they are doing to job which has been advertised for a period of at least 30days and no legal resident was found to be qualified for it.

    The question is very simple, why would you NOT want such a person to be a legal immigrant to your country? Only if you are xenophobic would you be opposing such immigrants. Why would you want to put a million roadblocks in the path of such people? Instead of trying to run them out the country by frustrating their efforts to immigrate and denying them the basic rights like ability to accept a promotional, receive a higher pay, etc. shouldn't you be welcoming such immigrant who add value to this country?

    There are so many "whys" that I could ask a person who opposes legal immigrants. Like I said before, this is my train of thought and belief, if you don't buy it then you are entitled to your. As long as you can rationally justify it to yourself that is all that matters.

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  • Is the AP document mailed to the attorney or to the applicant?

    AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .

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  • Let me preface this by stating that I have not yet shot with a D70, however I have heard very good things about it...particularly for it's price. IMHO, the best test of a camera is done in the field. By in "in the field", I mean does it allow you to do what you want it to do. A DSLR has a learning curve if you're coming from a P&S. Once you begin to master a DSLR, theimage quality bill be much better, and you also have much greater ability for creativity. If you want a D70, I'd take the info you've read regarding various issues with a grain of salt. Buy one from a reputable dealer that allows returns if it does'nt meet your expectations.
    After deciding to buy the Nikon D70 I began to read a number of posts to the pReview forum that had D70 owners citing backfocusing problems with their new D70s. All resorted to sending their cameras to the Nikon Service Center for repair. All reported at least some measure of correction but some indicated they could not achieve precise focus within the DOF for each of the Nikon compatible lenses they owned and are useable with the D70.

    I own two Sonys (the F707 and the V1). Both, in my view achieve remarkable clarity, color and brightness right out of the box. AF on both is, again in my view, is extraordinary. So, I would be very disappointed if I were to spend 1500 or more bucks (with some accessories) to arrive at inferior imagery.

    It is possible what I am reading is the view of purists who are able to "see" focus flaws that the more casual, but still demanding, amateur photogs would dismiss?

    Has anyone out there had experience with the backfocusing problem to which I refer?

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  • Why do you guys have such a hard time believing....

    Law says what it says
    Visa bulletin has the notce
    Berkleybee isn't saying anything in that conversation with DOS which isn't already covered by the law or the note in 2005 visa bulletin.

    Still; everyone is thinking it is a mistake and it is going to get current in 3 to 4months?

    The cynic in me believes that everyone thinks it is just a matter of time before it becomes current or there is significant movements in dates. This is dead wrong. All one needs to do is look at data coming out from backlog processing centers; amount of 245i labors; statistics on how many people have come on h-1b; l-1's, b visas, f visas, amont of perm labor approvals; amount of greencards approved over the last five years.

    It is going to be a very, very long time before there is significant movement in dates.

    The cynic in me thinks Berkleybee posted it in so that people may now get the message the dates aren't going to move. They aren't going to move significantly next year either. There is TOO many people going for greencards.

    As long as people think that the dates are going to move, then they sit on the fence and don't do much to get rid of retrogression.

    I am sure if people could get convinced that in current environment; visa dates will never get current then people may have some urgency in participating to get rid of retrogression.

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  • One of my colleagues got audit for two consecutive years and he received his green card last month.

    I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.

    Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!



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  • If you are not on H1 there is no reason to inform the USCIS. Make sure that they are not including your I-140 receipt number or A#.

    Actually informing that you do not have a job is sufficent to revoke your I-140.

    Then how come people are saying there wont be any impact if you lose your job in EAD

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  • Responded to the article (wrote a letter to the editor criticizing the skew of the piece)

    Author was Charles Hurt with no direct email
    Thanks a lot. Pls. tell them about immigrationVoice and ask them to cover our issues.

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  • lol...nice one...You guys amuse me...:) In this time of "difficulty", its good to see all our fellow men and women in unity:)

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  • Done , send from NJ. Keep it up IV

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  • His name is Yann ,I hosted him .

    myself , chandu , siddhi, poonam and tikka had lunch with him at the Union Station and he did tell us his experiences .
    Ppl on their own have to realize the importance of a movement like this .No amount of convincing by friends/relatives would make any difference.

    Hats off to ppl like Yann , Swede who really understood what this rally was all about...

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  • The second bill (HR 5634) says that people with PhD from US universities are cap-exempt from EB. So it means some quota will be freed up from EB1 and also from Eb2-NIW.

    Read all the bills. I guess you are bummer !!!!

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  • EB2 NIW does not give you much benefit because you are still stuck at EB2 PD's.

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  • Very Bad for Satyam employees..They shd take take steps to move on to other companies

    Some idiots will still try to be with them hoping, some thing ood maay happen.

    Pls pls pls guys, pls take steps to secure your future/career/life.
    Do not be spoiled by them. You were already.

    But pls take steps to do damage correction by moving to other companies with h1 transfers.

    L1/B1 s - sorry guys. Nothing can be done until quota starts again.

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  • :rolleyes:If you dont have an answer to the question asked dont reply and dont advise what people should do....
    keep that to your kids and good luck with that....

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  • Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!

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  • What is EB2-I please can you clarify. I am thinking EB2 is single entity.

    please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. ( If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
    Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
    Please do not start fear mongering based on incomplete information.

    I hope you "heard" it from others too and i read those things from some immigration sites . Don't have exact link. And GOD save folks from USCIS when people say they have N number of days of grace period for H1B status .

    The Immigration and Nationality Act (INA), the section of government law that guides immigration, specifically states that any non-immigrant alien visitor to the United States must have a passport that is valid for 6 months beyond the intended period of admission. That is to say that if your program or employment runs until May of 2008 you must have a passport that is valid until at least November of 2008. If the alien visitor is from a country that is in agreement with the United States to automatically assume that the alien's passport is valid for 6 months past the passports expiration. These countries are referred to as 6 month countries. That simply means that if the alien is from for ex. India and the passport date will expire before the end of of program date, officers are allowed to make the I-94 valid until the end of the passport. If the alien is not from a 6 month country the officer can only admit the alien with an admission date on the I-94 with a date that is 6 months before the passport expires. Officers at airports and deferred inspection offices do not have the authority, at a later date, after a new passport has been obtained, to change the original I-94 to the date that would have been given at the original time of entry had the passport been valid for 6 months beyond intended period of entry. The alien must request an extension of stay with an explanation submitted to the USCIS office, no fee is required, and a new I-94 with the appropriate date will be issued. However, if you call USCIS and are fortunate enough to get to speak to someone, that person, an information officer, with 2-5 weeks training, will tell you a CBP Officer can change it. Some officers will change the I-94, however, they have no authority to do so and can face penalties for doing so.

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