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  • legaleagle
    06-08 11:31 AM
    Dhundhun,
    Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
    Thanks again





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  • ksrk
    08-15 02:10 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om

    Hey Omved,
    If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.

    Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...

    The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.

    I honestly can't think of any other options...can you?

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.





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  • uscis_prob
    08-15 06:44 PM
    Hi Tom,

    Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.

    Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.

    Its rather a tense moment as I am on my 7th year extension.





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  • yagw
    07-27 01:55 PM
    yagw,

    Regarding your comment
    >>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
    Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?

    By law, you need to notify change of address within 10 days of your move.

    DISCLAIMER: I am not an Attorney and this is not a legal advice.



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  • eb3retro
    11-18 12:09 AM
    Guys:
    I am currently working through a Consulting company at a client location.
    Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.

    I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!

    I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.

    I appreciate your time and good luck to all to get the GC as soon as possible.

    Thanks

    do u have ur approved i-140?





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  • pappu
    01-01 02:47 PM
    Congrats and thanks for the contribution



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  • pmpforgc
    10-31 08:58 AM
    Dear friends

    Finally my EB-2 Sch-A Cat.II I-140 got approved on Oct-30. I got five emails today.

    I submitted my I-140 as regular and then upgraded to Premium a week before on Oct-25.

    thanks to all of you on this important forums who helped me lot in the process.

    Now I will be enjoying ride of Retrogession Starting from Nov-1 in Sch-A cases.

    Will Keep posted about I-485 as it develops.

    Good luck to all.





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  • purgan
    10-14 08:17 PM
    Another recent story on Canadian Skilled Immigration...
    http://www.canada.com/topics/news/national/story.html?id=752a2097-a21f-42d1-b9c4-d15bab949d9f&k=9534


    Geoffrey Scotton, Calgary Herald
    Wednesday, October 11, 2006
    gscotton@theherald.canwest.com


    CALGARY - Alberta and the rest of Canada need to move quickly to boost immigration and take better advantage of skills so many new Canadians bring to their chosen home or risk being left behind in a global race for talent, says the head of Canada's largest bank.

    ''We must significantly increase these efforts and others if Canada is going to have the necessary human resources to compete in today's global economy,'' Royal Bank of Canada president/chief executive Gordon Nixon said to a dinner of the Immigrant Access Fund in Calgary Tuesday evening.

    ''Make no mistake, Canada is in a global war for talent. We must be a destination of choice for skilled immigrants and professionals or we will not succeed ... If we do, we will have a unrivaled advantage. If we don't, we will face an uphill battle just to maintain our quality of life.''

    David Baxter, a demographer and economist with the Vancouver-based Urban Futures Institute Society, agrees with Nixon's analysis, suggesting Canada faces a ''perfect storm'' of demographic labour force pressures. Those factors include a declining birthrate, a massive number of Canadians approaching retirement and relatively fewer Canadians entering the workforce as they reach working age.

    ''You don't need a robust economy to be able to say there's going to be a problem here. We're probably now at the point now that without immigration our labour force stops growing,'' he said. ''This is a long-term issue, let's regularize it. We've got to move away from this talk of temporary (workers).

    ''What I would look for is young, healthy, intelligent, honest energetic people, preferably with an entrepreneurial spirit - and more employee sponsorship.''

    Nixon argued that nowhere is the potential of immigrant expertise and contribution more evident than in Calgary, which is suffering labour shortages across the board, in all industries, from the unskilled worker to the skilled professional.

    ''Calgary is facing a shortfall of as many as 90,000 workers over the next five years ... by 2025 the shortage across the province will be well through 300,000,'' said Nixon. ''Alberta is at the cusp of a trend we're seeing nationwide.''

    Nixon argued that immigration must be viewed by policymakers as a strategic economic development tool that will help to define 21st century Canada. He noted the country has in the past used immigration as a tool of industrial policy, particularly around the settlement and development of the West.

    That kind of approach is needed again, Nixon asserted, as is better utilization of under-employed immigrants already in Canada, a phenomenon that RBC economists has estimated costs Canada $13 billion annually.

    ''We can no longer view immigration as a temporary employment agency,'' said Nixon. ''We need to start looking at immigration as a blueprint for nation-building, and we must find the right balance between social justice and economic need.''

    Baxter believes that Alberta is making the strongest effort of any of the Canadian provinces to attract and efficaciously absorb new Canadians. However, he noted that while immigration policy remains largely the purview of the federal government, questions of professional accreditation and other determinants limiting immigrants' entry into the Canadian workforce rest in provincial hands.

    ''Alberta is at the forefront of this. The provincial government recognizes this (the need for more workers) and so does industry,'' said Baxter, referring to Alberta's Labour Force Strategy, released in July.



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  • EndlessWait
    07-31 04:41 PM
    uuuhhh. I can atleast respond to the drink question! use your passport. that is valid proof of age. The law does not require everyone to have a drivers license. Driving is a privilage.......not a right. So, feel free to take your passport in as proof of age and enjoy the drinks :D

    Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).





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  • latbsol
    02-25 01:23 AM
    I have been working with my current employer for the last 5 years in job title
    A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
    one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
    experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

    For the purpose of EB2 labor for the new position, I need to show 1 year of
    work experience.

    Question: Would I be able to use/show the work experience I
    gained when I was working in job title A with the same employer? i.e. Will I
    be able to use on-the-job work experience that I gained before I was promoted
    to the new position? Remember, the current job title B (for which EB2 labor is
    being filed) and requirements are significantly different from the previous job
    title A and requirements (which only qualified for a EB3). Have anyone got their
    labor approved in EB2 with work experience from the same employer? Are there any
    USCIS published documents that coult clarify this?

    I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
    labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
    what is the exact procedure for doing that?

    Is the attempt to process my labor in EB2 completely independent of my
    existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
    EB3 approved labor and I-140?

    Thanks much for your time in helping clarify this.



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  • suny_saini
    08-05 11:46 PM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.





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  • raysaikat
    08-13 08:27 PM
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?

    Anything can happen, but looks unlikely. How many publications do you have, and how many citations each paper has received? How many recommendation letters and from whom did you submit?

    BTW: if the "award" is a standard university scholarship, that would not fly.



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  • vik123
    01-18 08:50 PM
    My I-140 receipt date was May 31,2006.I got my approval on 27th Dec 2006.So it took them 7 months to approve my case.





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  • chanduv23
    06-19 12:05 PM
    Story of my life :D

    Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!

    My dad who was here in 70s on a GC is now here after 35+ years on a tourist visa. He had a gettogether with all his friends of his time those who came here with him and we figured out that most of their children are ABCD and not doing that big or great but do carry tons of attitude towards people like us. I am glad that I am not like them, if I was born here, I would have grown as a ABCD and I am glad I am not, offocurse, the interesting thing to watch would be how our children turn out to be :)



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  • InTheMoment
    02-20 04:05 PM
    va_il,

    You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?

    If that is the case maybe I'll just land up there instead of mailing it.





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  • lostinbeta
    09-06 04:08 PM
    That footer would kick arse to techno music. I love the techno music! I think you just aren't pleased with it because it's yours. I know I am not fully pleased with mine. But I keep getting compliments on it, so I guess it is good.

    I guess it is because since you made it, you got to see it all the time, so to us it is new, but to you it is old, so we are like "oh wow" and you are just like "eh, its alright".



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  • sweet_jungle
    10-06 12:08 AM
    I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
    Lawyer has suggested using 485 EAD once it comes.
    Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
    I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
    Let me know if you can some concrete info on this.

    Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.





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  • saimrathi
    07-12 08:35 AM
    Sent a letter to Arnie telling him about the rally on 7/14.. Fingers crossed... :)





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  • samcam
    05-18 05:03 PM
    Welcome to our news member Selvaela..





    Brightsider
    11-08 07:11 PM
    Permit me to differ....with ND Bhatt.
    With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.

    The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.

    You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.

    That said, hang in there. Enjoy life while in the queue.
    Best





    Roger Binny
    05-27 10:44 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.

    Which center your 485 is in ?



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