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  • I am in 9th year extension with priority date 09/2002.

    My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:

    I have Visa vailid till Jan09.

    1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.

    2.Is the Priority date transferrable if I change the employer?





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  • Few years ago, USCIS did approved EB2 with 3 year degrees.
    But now they are very strict. They are refering into EDGE (Electronic Database for Global Education) database, created by American Association of Collegiate Registars and Admissions Officers (AACRAO) which didn't equate 3 year Indian degree with US equivalent bachelors.
    Check thier website AACRAO - American Association of Collegiate Registrars & Admissions Officers (http://www.aacrao.org)

    Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?





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  • Good news is around the corner. Its just a matter of couple of months. I strongly feel so...


    AMEN. Good to start a new week on positive note. It keeps us motivated.





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  • Get hold of a qualified immigration attorney and ask for a paid advice.





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  • A useful resource for Interim Policy. Not sure if they are still valid.
    http://www.immigration.com/newsletter1/interimeadhandling.html#comments





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  • Why don't you contact some senator! You have been current for so long ..

    On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.





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  • Please include me too. I live in Indiana.

    MyPD is Nov 2002.

    I can be contacted on 317 278 0177





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  • :)), oh well, Indian government spent money on our education and we left India we may never won't back to India,

    why the hell he cares for our issues

    he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.

    we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,


    I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !

    India Government will listen to us because;

    1) If you stay here in USA, you will send money to your parents and relatives.
    They will spend money and improve indian economy.

    2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.

    3) You may invest in houses and properties in india.

    So, If you continue to work in US and make money, Indian economy will grow
    indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.





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  • Ok I went fast,(two hours) but I'm very happy with the results considering the style I went with.
    Here it is:
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    Any chance of a tutorial on the liquid metal effect? Like the hook shape of em also?





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  • AILA - USCIS MEETING MINUTES - APRIL 2,2008

    * Multi year EAD - Under Review
    * Multi year AP - Under Review
    * Combined EAD & AP Document - Under Review/Testing
    * Reinstating Premium Processing of I-140 Petition - No Timeline Given

    http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf

    Can anyone please explain what does "Testing" mean in Combined EAD & AP Document - Under Review/Testing ?





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  • Congrats to Goan2005.

    For a lot of others it's a long wait. Unless you used substitution labor to jump the line, increasing the Visa numbers, elimination of country quotas is your only hope. IV is the only organization/movement working for it.

    Be part of the movement to get those LUDs in your case. Real status is - 'Case Approved'. Rest all are passe. Work for the real thing.





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  • Yes, Everyone Will Get Fp Notices.:)





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  • Hi sbind

    how to get Permanent Resident stamp on my passport. is it though INFOPASS . can you please give some details which option to select 1 or 2? and when we will approximately get info pass appoint ment if we book today?

    Option 1)You need Service on a case that has already been filed


    Option2 )You are a new Permanent Resident and have not yet received your Permanent Resident Card


    and asso what are the documents they will ask at the time of infopass.


    Thanks
    sss





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  • But were you carrying your H1B or EAD/ AP with you all the time....?

    No I did not. Because my attorney did not ask me to do so. But, after I got my GC, they emailed me some instructions on what to do and what not to do. In that list they had this instruction to carry my GC with me all the time in BOLD.

    So I got concerned and posted this which has resulted in a lot of hating and loathing. I am not understanding why is this my fault.





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  • If he stayed for 180 days and used AC21 then AC21 WILL protect this person

    Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.

    Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.

    Here is the part of memo

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • Here are the details of my case:

    Hi All �

    Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.

    My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).

    In my labor it�s clearly stated that the bachelor equivalent is needed.

    Labor Priority date: 5/10/2007

    8/7/2007 I-140 petition filed for EB2.
    8/7/2007 Adjustment of Status applications filed.
    8/7/2007 EAD application filed.
    8/7/2007 Advance Parole application filed.


    9/25/2007 USCIS Receipt Notice received.

    10/23/2007 EAD approved and valid till Oct 2008.

    6/20/2008 EAD renewal application filed.

    Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.

    In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.

    7/1/2008 RFE Submitted

    08/28/2008 I-140 / I-485 got denied

    I still have valid H1.

    I-94 Expiration: 4/10/2009
    Estimated Final I-94 Expiration: 11/25/2011

    My questions are �

    Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?

    How do I convince my attorney that we should go ahead and file the MTR.

    Please help!!!

    Thanks





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  • Hi:

    I got a email and case status changed on my wife and my I485 to 'Notice mailed to new perman..."

    Is this is a legit approval? My PD was current under the Nov but is not under the Dec. When does Dec become effective?

    Hopefully there are some legislative changes so everyone gets some much deserved relief

    PD: EB2 - July 2003/India
    I140 - approved in TSC - Dec 2006
    485 mailed - July 2 07
    Notice date - Aug 15th
    Got EAD - Aug 23
    FP: Setp 14 07
    Oct - AP
    485 Approval email/case status change - 11/21





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  • did any one got 2 year by calling USCIS. after they got 1 year EAD





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  • namm80,

    Just curious, when were your applications originally sent. Also are you EB3 or EB2 and country????

    I am in similar situation. Originally applied to NSC, got Xfr'd to CSC. Now CSC after processing EAD/AP Xfr'd my I-485 back to NSC.

    ANyone in similar situation has rcvd Finger printing notices? I assume Aug 17th filers at NSC are ahead of us?

    Also, i received the EADs in mail, but haven't received the AP even though online status reads AP mailed a week back. Any idea how long it takes to get AP after it online status reads approved?

    Please share any information.





    I applied for H1B extension in October 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in February 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesn't want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they don't accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in October ( 9 months).

    My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.

    I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.

    My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until October 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.

    I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they don't deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petition Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.

    Any valuable suggestions would be appreciated.

    Thanks

    Any details on RFE? That seems to be key here.

    About your Wife's H1, you should reply with the details of her pending H4 extension and she is in legal status.



    ________________________
    Not a legal advice.





    Isn't the UK issue different.

    They are trying to change rules retroactively. There is no such thing going on here.

    A similar stance would be if in midstream: lawmakers changed retroactively that only if the job makes more then $150,000 it is qualified for EB2; only companies with revenues of over $20 million can apply for greencards. If they changed the rules retroactively in USA which would preclude people who are already in line; then you would see massive amounts of protests.

    However; what is happening in UK is not the same issue here. Same thing happened in Canada a few years ago when they changed the point system and wanted to do it for people retroactively.



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