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  • kirupa
    01-19 11:17 PM
    Unfortunately, your entry doesn't qualify because you are using box2d :(

    Really cool entry though!





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  • wizkid732
    08-26 07:47 AM
    Thanks overseas.
    Just curious... has your case been approved?
    I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

    They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

    I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

    I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

    I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.





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  • caforum2
    12-15 11:40 AM
    I strongly disagree with previous comment. CA is though certification, it has course work which can be claimed as Masters degree (or advanced degree). I am a CA but even have Master degree got GC under EB2. But I know atleast one more person who is CA but without Master degree got GC under EB2. You need to get education evaluation done such a way that you qualify as done course work equivalent to Master degree. Good Luck

    I am courious why you want to qualify for EB2, EB3 has later date than EB2.





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  • waitnwatch
    07-16 02:38 PM
    Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.

    Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.

    I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.

    I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position

    But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules



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  • jq45
    06-15 09:53 AM
    The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?

    I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:

    http://immigrationadvice.net/I-693.pdf
    http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf

    But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?

    I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!

    I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?





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  • krishmunn
    02-09 07:12 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?



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  • jgh_res
    07-17 05:55 PM
    Everyone make sure to send a check to IV while mailing documents of 485 to USCIS. If you forget IV now, you will come running back to IV after a couple of years while your 485 sits at USCIS and keeps hatching eggs.





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  • sin94
    11-11 01:08 AM
    Folks,

    I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.


    What are my option here?



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  • gc_aspirant_prasad
    07-26 04:11 PM
    Just contributed $ 100





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  • h1bnogc
    08-28 10:52 PM
    When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.

    I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).

    Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.

    Have a safe trip..

    sbay2006: Could you please share your experience during secondary inspection? thanks!



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  • deardar
    09-28 02:54 PM
    How long did it take for you after filing the FOIA to get the concerned documents ?





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  • mchundi
    12-17 10:54 PM
    Can any senior Guy/Guru confirm this...

    "USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
    I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.



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  • pappu
    03-09 11:31 AM
    Congrats and thank you for your contributions. Do visit IV to continue your support and offer answers to members. We want more GC members so that in the coming future we can launch an effort on items that help in citizenship. For example, time for citizenship be counted from the date of I140 approval. There can be others if we have more GC members and we all brainstorm on ideas.





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  • jskumar
    09-05 10:34 AM
    I got an RFE email both for me and wife (9/03 from NSC). How long does it take to arrive in mail?.



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  • Dhundhun
    10-26 01:36 PM
    ... US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. ...

    This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.





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  • rocky17105
    07-27 11:28 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.

    Thanks,
    Rocky



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  • makino_a55
    01-29 10:06 PM
    Cases filed in the so called 245 -i
    do they have to go the same procedure like any other employement category???
    i mean , 1. get labour approved by state and fed ,
    2. get 140 approval ,
    3.file I-485 get approval and then do they get their GC.

    My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
    at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.

    if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.

    a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.

    Any thougths /opnions???????





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  • kum25
    09-17 01:23 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25





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  • EkAurAaya
    04-13 09:14 AM
    Not sure if this information is already shared... but its good for people who prefer written communication then oral

    Senate -
    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    House of Rep -
    http://www.house.gov/writerep/





    pthoko
    07-05 03:15 PM
    Thanks, I've not been able to do any work today after this thing got into my mind. I got my labor approved and I-140 is pending...





    asekhon
    10-30 09:33 AM
    yup,
    I got the same emails and same message update. I applied for 485 in June 2004 with a priority date of 04'2003.



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