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  • arsh007
    02-28 12:08 PM
    I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.

    One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.

    Please see the link for additional information:

    http://www.immigrationportal.com/showthread.php?t=196367&page=54





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  • jchan
    12-08 12:15 PM
    In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.

    If you die you will get citizen directly, not a bad deal is it? :D





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  • dish
    03-23 11:46 AM
    Is the talent bill already introduced in the senate ?



    TALENT Bill
    A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
    H-1B and Nonimmigrant Visa System:
    � Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
    � Restores H-1B1 visa numbers to the overall cap. (�201)
    � Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
    � Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
    � Eliminates 214(b) for certain non-immigrants. (�203)
    � Extends foreign students� post curricular OPT to 24 months. (�203)
    Employment-based Immigrant Visa System:
    � Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
    � Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
    � Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
    (OR in the alternative)
    � Exempts USEK workers with advanced degrees from the EB cap. (�102)
    � Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
    (AND)
    � Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
    � Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
    � Exempts EB immigrant spouses and children from the cap. (�202)
    Additional �Band-Aids�:
    � Requires a pre-certification processing system for petitions. (�301)
    � Enforces AC21 30 day and six-month processing times. (�301)
    � Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
    � Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
    � Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)





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  • GCBoy786
    08-27 06:31 PM
    I called USCIS and they told me to wait for 30 days and then give them a call back. If I call them after 30 days about the missing card, they might open a case for it. I am not sure how many days it will take for them to send the replacement card.

    Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?



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  • abhay
    05-04 01:01 PM
    Yes it is possible to apply for H1b, it will be a new H1B. You will have to go outof the country and enter using H1 to readjust your VISA status





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  • bhagat69
    02-27 09:27 AM
    Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.

    NOTE: Can someone please tell me how I can create my own new thread on immigration voice.



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  • LostInGCProcess
    01-16 12:45 PM
    The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.

    Agreed.





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  • ramus
    06-20 08:41 AM
    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.



    Can you detail how to get the photos taken from AAA?

    Where do you need to go for the pics taken?



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  • EBX-Man
    05-11 03:51 PM
    smuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers





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  • MYGCBY2010
    10-03 11:16 AM
    USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

    Try calling them to know about your RFE; you might get lucky!

    I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.



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  • thesparky007
    04-16 11:36 AM
    here is a new one





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  • nk2006
    07-05 11:59 AM
    Its a very good point. Immigration related issues are highly political and rouse emotions on either side. Our opponents used those same emotions to get their desirable results - in the form failure to any immigration related bill. Now I think we have a good opportunity to use this fiasco to our benefit.

    The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).

    We can even reach out to extreme right (like sof Tancredo) and expose how
    USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.

    Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.



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  • imh1b
    02-25 10:47 AM
    Guys,


    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.





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  • hare01
    02-25 12:32 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.



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  • HawaldarNaik
    03-04 06:07 PM
    Yes you can work from Home, i meant Home Country...:D





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  • sac-r-ten
    11-19 08:29 AM
    USPS won't do it for ever. But GC will surely take for ever.

    They will do it for 1st 6 months. by that time you can change address on USCIS.



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  • arnab221
    10-29 03:11 PM
    Source: NumbersUSA.com

    A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.

    --------------------
    I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.


    Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .





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  • gcpain
    05-19 01:31 PM
    Hello All,
    My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?

    1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

    3.Does Info-pass enquiry cause any negative effects on my I485 processing?

    4. Any other guys in the same boat and what you guys are doing?

    I really appreciate your advice. Thanks in advance for your good work.





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  • GCOP
    09-24 11:49 AM
    This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.





    austingc
    07-30 11:37 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.





    ras
    07-12 07:29 PM
    :confused::confused:

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    :confused:

    I guess u could interfile with the first 140



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