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Wednesday, June 8, 2011

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  • ghost
    06-22 01:14 PM
    Just an assessment on where we are collectively as a group:

    312 new members in June 2006
    1100 new members in May 2006
    1400 new members in April 2006
    1000 new members in March 2006
    400 new members in February 2006
    600 new members in January 2006

    4812 in total membership.

    Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.

    Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.

    I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.

    On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.

    Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.

    Peace out!





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  • wait_2010
    07-27 03:46 PM
    jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.

    1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
    You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.

    2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.

    These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.

    Good luck


    I stumbled upon this forum and looks like I can get information that I was looking for.
    Can any body in the forum please confirm that it is possble to get a F1 in a part-time program. I plan to soon start a masters part-time program with an accredited university.
    In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
    Has any one gone thru this process or know for sure that it can be done...

    Replies are very much appreciated for this important aspect.

    Thanks





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  • gc_relief
    04-27 02:22 PM
    Hi Gurus
    I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
    other options left for me?

    Applied for H-1 extenstion Feb'5 2009
    RFE Date - Mar' 12 2009
    Denial Date - Apr'24 2009

    I797 Expiry - March'31 2009





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  • kaisersose
    07-09 10:20 AM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.

    I fail to see the problem. If your wife is already working on this job, she will continue to work as before.

    If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.

    Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.

    Again as I said, I see no problem at all.



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  • rbalaji5
    11-16 03:54 PM
    Thanks for the information.

    I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.





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  • softa
    June 1st, 2006, 04:56 PM
    Thanks, your reply really helped me understand a few things. First of all, for the money I can spend there isn't much of a choice (meaning what I already picked is fine for the money spent), then, even more important fact I realized is that the equipment I can afford for now, can be a starting point in my photography experience. It is more important that I use it, take photos and practice than to own expensive gear and never really use it. In the end I hope that one day in the future when I gain the needed skill I'll be able to afford a better and a more advanced equipment. So, once again, thanks a lot.



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  • enqueued
    06-21 06:00 PM
    Ask her to talk to her attorney. That is the right thing to do.





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  • dsneyog
    01-14 10:44 AM
    Thanks. there is hope. I paper files too and included self paid return envelope. Was yours renewal or fresh? Mine is fresh.Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.

    Hope that helps.



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  • sammas
    07-14 12:36 PM
    Please look at the text below

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.

    Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.

    Coming to your questions, below are the answers
    1. Probably not
    2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
    3. If no application number was generated, this might be a good idea.

    Hope this helps.

    Note : I am not an attorney, please make sure to take legal advice.





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  • jlt007us
    10-06 06:09 PM
    Don't worry. You will mostly get RFE but not a rejection.

    My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.

    I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.



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  • chanduv23
    01-07 01:10 PM
    We expect people to decide whether they would like to come forward with a sense for the community.

    So please come forward if you care. We are not expecting anyone to be a die hard IV volunteer, but to express your support and your commitment and your help in nay manner.

    IV is your/our organization and we must have a sense of oneness.

    We stand for unity, peace and strength. Lets all unite "wholeheartedly"





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  • ItIsNotFunny
    09-22 03:18 PM
    44 Red dots for requesting people to call :mad:



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  • nepaliboy
    05-21 10:08 PM
    hi thanks your input.
    what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

    LUD = LastSoft LUD = status did not change due to updat
    Hard LUD = status changed, if registered, email will be sent.

    Registration process:
    1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
    2. Add cases to your portfolio, in list display it will have the following columns
    ....Receipt Number
    ....E-mail
    ....Last Updated (by USCIS)
    ....Form #
    ....Title

    The Last Updated above is LUD.





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  • gc_relief
    04-27 02:56 PM
    Reason syill not known and waiting for the denial notice..

    Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2009..

    Does the date impact my h1 extension??



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  • Ann Ruben
    07-23 11:37 PM
    The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.

    USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:


    "Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
    Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).


    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"


    The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.





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  • R009
    09-20 02:55 AM
    I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".

    Is there any way that i can get my H1 extended



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  • SK2007
    10-04 04:00 PM
    Has anyone been to the Mumbai consulate for stamping
    Can you let me know the process?
    Also website where I can get more info?

    Is this a drop docs at embassy .. and they mail it to you kind of thing?

    Thanks
    V

    Couple of weeks ago, a friend of mine went for visa revalidation at Mumbai, he requested if he can come back in the evening and pick up the passports(all family). He was let come in the evening and pick them up.





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  • bayarea07
    07-18 02:34 PM
    :-)





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  • marty
    10-20 04:48 PM
    The dates are retrogressed:

    Nebraska Service Center Processing Time Report (10/19/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 04, 2007

    Nebraska Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 08, 2007


    Texas Service Center Processing Time Report (10/19/08)
    I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007

    Texas Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications June 23, 2007





    royus77
    05-30 09:36 PM
    Please help....I am in a little bit precarious situation here...


    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?

    If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .

    Just check with the attorney before moving I just gave my advise based on my research in the forums.

    Thanks
    roy





    maccaid
    06-22 02:17 PM
    Hi,
    I just got married not long ago.

    I'm planning to apply I-485 this july.
    My question:
    Should she change her name prior to applying I-485 or she can do it after we applying I-485.
    How easy it�ll be to change last name while I-140 and I-485 pending?

    Anyone in the same boat?

    Thanks in advance.
    maccaid



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