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  • I see an update on jan 24 on this bill to grant 55000 visas for advance degree holders from DV lottery. Does this mean progress? Rest of the immigration bills never make it to the sub committee.

    Jan 5th Referred to the House Committee on the Judiciary.
    Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement

    This is interesting, and if the DV system is taken out, it will help many in the eb category. This is good, hopefully it will come to a vote.

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  • RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:

    Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.

    Good luck.

    That is NOT true. desi3933 and I quote directly from the INA or AC-21 or UCSIC Field Memos. Please read the Yates or Neufeld memo and you will get all the answers. Many lawyers themselves do not have all the info at their fingertips and will ultimately refer to the law. By definition, a law is created to not leave "anything" to interpretation, thus the cumbersome "lawyerspeak" in which it is written. In rarest of cases where there "might" be ambiguity, it is usually clarified by Memo releases or Judicial precedences.

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  • I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!

    tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....

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  • Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,

    A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.

    (Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)

    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    Here's an example -

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).

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  • Mr S Hammer

    1. I am a full time employee too with a fortune 500 company working for the past 6 years with the same company since I got laid off first after working for another American company for 3 years. So there goes your argument for working with a desi company.


    Oh, so when you made the statement below you were not assuming everyone fakes their projects because YOU faked yours? All of a sudden you became this guy that has never faked his resume! From your statement anyone would assume that you are not the guy you are claiming to be - genuine!

    Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.

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  • But they are not yet finish with the horse bill. I think Republican's Smith and King will again filibuster by trying to put in a lot of amendments to the horse's bill until the day is over. The chairperson is not doing good countering the filibustering of the Republican side.

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  • I personally need more defination of
    'Employment-based or Other: 110,786 '
    it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?

    I would like to think that the number(110,786) mentioned is of those applicants who have filed their I-485 while their PD was current. After they submitted their applications, probably retrogression happened and as such they are probably still stuck waiting for the GC to become available.
    I believe this number does NOT include the applicants whose I-140 is approved, but are still waiting to file their I-485. I am sure there are few hundred thousand applicants in EB category who are waiting to file their I-485when their PD becomes current.
    I tried looking at USCIS website to get a more thorough understanding of what they mean by EB, but was not successful.

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  • Exempting spouse from annual quota has been IV's active legislative objectives for some time. I think that was incorporated in last year's failed CIR.

    In current congress's CIR (which was very bad for all of us; fortunately for us its failed) discussions a bunch of senators argued very strongly in favor of family based immigration. It would interesting to see how these senators will react to this proposal - after all spouse is the most immediate of family and exempting them from annual work-based quota seems quite logical. But again its not about logic its all politics.

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  • As in my birth certificate my mother's last name was not mentioned , I have just obtained an affidavit from my parents(together) using one of the samples floating around. But I just found that there is spelling mistake in my father's first name in one sentence. But in other sentences, its correctly wriiten.

    Is it ok to send this with application?


    In my company, my friend had the same issue. Our attorney as ked him to get a new one...ask your parents to get a new one and send you the scanned this will be very quick. If you need a format, PM me..I can sedn you.

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  • The pattern of RFE's on AP's are from those cases applied at NSC >> CSC issued Receipts/EAD/AP >> 485 back to NSC.

    StuckInRetro - I believe you may be correct. My scenario fits into the case you have mentioned. May be you can add condition stating people who made lot of trips in and out of US. I have made close to 9 - 10 trips...

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  • e-filed on April 20th. No update for last 45 days

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  • If you resign you will loose your PD and thus GC. The only option is leave of absence.

    What school in France did you get into? ( just curious)

    What are the chances of Continuing my GC processing, if I Submit my resignation by Nov 15... I am yet to receive my I-140 approval and my 485 was filed in July


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  • I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.

    3000 days might seem small when compared to a member's data whom I spoke with during the Sept Rally time. He has been here on a work visa since 1994 and unfortunately he had to start his greencard process several times. He was thankful that he finally got his I140 approved and filed I485 this year after such a long wait.

    He was calling members and asking them to join the rally as he truly values IV and the fact that due to IV he could file his I485. I was very impressed with his dedication for IV and also felt sorry that he and his family had to endure such a long wait.

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  • Bank of America(BOA) being a financial institution must have analyzed the risks before deciding to give credit cards to illegal aliens (no credit history and no SSN) and this would have been possible only with BOA having some kind of insider information on the status of the CIR.

    My take is that BOA execs. know that the CIR is going to be passed in the summer. BOA knows for a fact that these 10-12 million illegal immigrants (read future customers) will have valid SSNs within the next 1 year or so.

    This BOA action not consistent with traditional banking norms, is a precursor to the passing of the CIR in the house in the comming summer.

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  • moving into a bigger and better role in your current company? I have been given multiple offers to jump into senior roles [in diff area than my current one] within my company and have had to refuse due to the greencard processing thats ongoing [I-140 approved last week].
    Can I get a 3-yr extension and move into a new role during the extension period, apply for new LC using PERM and use my current PD?

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  • Theres a butt load of cases in this similar situation including myself where a case was transferred to another service center. It appears they can't find or update fingerprints for such cases. Its a shame but another glitch from USCIS

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  • Hi to all,

    MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
    I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.

    Is it safe to do?

    I do maintain good relationship with current employer.
    But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.

    Also my LC as Programmer Analyst, but the new job would be Database Administrator.
    Is this will be issue?

    Could you advise on these questions?

    Thanks to all.


    ** Sponsor of two IV members to attend DC rally.

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  • And one obvious and major difference is hassle going out of the country and getting back in.

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  • I have been feeling sad that I have not been able to make it to the rally and after hearing about the energy, the camaraderie and the excitement you all shared I know for sure I missed out on a once in a life time oppurtunity, there will always be that sadness in me, the only comfort I have is that I tried to contribute in ways other than attending the rally.
    But I am very glad that this turned out be such a resounding success.

    Call for negotiating a comprehensive services agreement is not mundane. Together with rejection of billions of dollars worth Us defense deal, this is seriously moving towards becoming a significant issue. You may want to dot the is and cross the ts but that is not how the Law makers, Senators US or Indians think about these issues. They are at 30K feet level looking at the Forest while we waste time in just going around our own trees.

    Agreed there are a lot of similar articles generally coming out in Indiatimes too with regard to work visa issues in the US and UK. sometimes there are factual inaccuracies, but the point is very good. Maybe we can even reach out to these reporters to work on presenting media in the US

    My client is offering me a Project Manager position while my GC application is for Software Engineer.

    Is it okay to take such a position?
    How good match should be Job Profile match?

    Please share your knowledge and experience.

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