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  • DSLStart
    03-18 10:21 AM
    Yeah right! and that too ask them to buy it at 2005 price ;-)
    My company paid me oneway air tkt back to india. I own a house. Can I ask them to buy my home ???? :D





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  • oomshiva
    01-23 06:21 PM
    hi all

    do read this link given below:-

    http://capwiz.com/aila2/issues/alert/?alertid=9221981&type=CO

    thanks





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  • nlssubbu
    10-05 11:06 AM
    I vaguely remember a discussion several months ago on the forum about people that have gone back to their home countries after having waited for their green cards.

    We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.

    Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.

    Two of my colleagues went back to India after facing GC hurdles. Among the two one is Phd in Atomic Science and Computer Science and lead a group of people and another is a Project Leader.

    In the first one's case it took more than 4 years for him to clear his labor and got frustrated by this process. He initially sent his family back to home because of uncertainty. That created more hurdles for him as well as his family could not able to get AP in time and he is nearing completion of his 6 year H1 as well. Eventually he decided to pack his bag and went back to his home country, setup a big business and now visiting US on business Visa and take some of the jobs from here to there :)

    [Side note: His approved LC remains unused at the company end even now, but finding a suitable person seems to be an uphill task for the Management and HR]

    In the second one's case his labor took almost 5 years to clear and having frustrated, he decided to go back as well. He does not want hang in a place where a decision cannot be given in a timely manner. He got some special technical skills and his roll is now being replaced by 2 people. He also went back to his home country, joined a big IT firm as a Director and getting more jobs to be outsourced there :)

    In both the cases, US is a clear looser by not taking advantage of the skill sets they have.

    If you need more information in specific kindly send me a PM to respond you back.

    Thanks





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  • LONGGCQUE
    06-18 04:06 PM
    Uma001,
    My previous to previous employment is 3.5 yrs for which they said nothing. RFE clearly mentions name of my last employer and says to submit proof with dates worked from-to, responsibilities and job details.



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  • zj142
    07-10 09:25 PM
    It would be a smart choice to accept those application, but based on USCIS recent behaviors, I really doubt their decision makers have that intelligence to make such a smart choice.





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  • crazy_apple
    07-14 08:24 PM
    Hello,

    I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    12/15/2007 Status - 04/24/2007
    01/15/2008 - 07/19/2007
    06/15/2008 - 07/28/2007

    Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).



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  • truthinspector
    02-17 12:18 PM
    Is it adequate if we know the case number? I was able to dig out my case number from there.

    A few question related to the database:

    1) Is the received date the same as the date the labor was filed (in other words, the priority date)
    2) The 2005 and after database structure does not have employee name, and there are multiple records found on "prioirty" date, is there any other field that can be verified from other documents like the case number etc? How to nail down to exact record for me?
    3) Is the SOC code the same as what we should be looking for "same or similar" job?
    4) Assuming answer to above Q is yes, from where can we find detailed job duties for these codes?

    Thanks cool_desi_gc, this is a very good tool provided we know how to correctly interpret the data.





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  • Buddha2009
    02-01 03:57 AM
    Well here is what I have thought of doing if I get into your shoes when I140, US GC looks dicey. (I already have Canadian PR till August 2010).

    I would take a three/four week vacation and go and live there. Prepare for a job and get first hand ground feeling of what it feels like living in Canada, make a living and raise a family. After all making a living to able to support yourself is a important corner stone thing. You can't live of fresh air.

    Can you compare your situation ? No. You are not the same nature, skills, personality, intelligence and willingness as others and most of all your own Luck. You know yourself best and the only way you can tell that the place will work out for you is when you go get a sample for yourself and your gut feeling. I went to Vancouver and just loved the place. My wife saw the clouds and gloom and hates the place (spoilt by southern california). You will be your best judge.

    Take the harshest sample: Winter is tough in Canada. Go now and take a feel of what you will be expecting and set your expectation.

    Info: Approx 90% of the Canadian population lives within 100-200 miles north of the US border.

    Down the road: Make a plan and see whats your options down the road. Looking back is no good way of planning for the future. 3 years + few months, you can be Canadian Citizen. You have then the option of using TN and come right back into the USA, if you even have the need. Looking back now I feel I should have started this journey 2 years back. In the next year or so I would be a Canadian and could have come right back without the 140 and 485 headache. After two years I am still holding my breath for 140. Rightfully, Heaven is where I feel at peace. US has made me feel miserable and bitter after 9 years of rough rollercoaster and no end in sight. Can't buy a house, can't live freely, always on the edge and mercy of the Boss and H1B.

    Having Canadian PR in hand is like having a bird in your Hand, and US GC is like two birds in the bush (I feel the birds are in Bush in Texas :) and its going to eat me, rather than I eating it) You don't even have the US Bird in sight and the story is getting tougher....

    All options good. Go spend some time in Canada and see what your gut feel says.



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  • eastindia
    04-19 01:19 PM
    I understand that your intention is to get heard. I appreciate your effort at writing letter. However writing to the president will not help us much. Here is why:
    In the USA, infact for that matter in most democracies, Laws are made by elected representatives unless it is an executive order to grant an immediate relief.

    The composition and powers of the House and the Senate are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country, although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two-thirds majority in each chamber). The total number of voting representatives is fixed by law at no more than 435.[1] (United States congressional apportionment - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_States_congressional_apportionment))

    So, In our case, the president at the most can sympathise with our cause and the hardships we face because of the limbo, But he cannot really help until there is a bill that passes both the house and the senate.

    So, Can I suggest that it will be even more worthwhile if you contact your congressman/woman and go meet them. We need them to understand our plight and anguish.

    We all need to go meet our lawmakers, educate them.

    They already are educated. Do you think they do not know about us?
    They fully know about us. But they will not help us because we are not voters and cannot contribute.
    A better idea is to have our employers contact them. People working in large companies can do this. I am surprised why the big companies have not taken up this issue for us. Why cannot we have big companies issues statements in our favor?





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  • cdeneo
    11-19 06:37 PM
    Thanks so much for sharing this information - it is frustrating that one's career advancement can impact negatively one's GC application, especially if one has been waiting for 5+ years. I guess one can only carry on with one's career and hope for the best :).

    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    http://www.onetcodeconnector.org/

    Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).



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  • snathan
    08-18 05:21 PM
    Hi All,

    I am on H1B from 1998, 12th year and counting.

    I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.

    I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.

    I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.

    I think that the dates for EB3 will not move any further in any near future.
    My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.

    Please advice.

    Thanks in Advance.

    Unfortunately there is no direct way to convert. You may try to find new job with EB2 requirement or try in your company itself if the they have any job opening different from your current job (requirement). You need to start from the PERM and use the PD. Thats the only way. I am not sure if you can do this as your's is substitude.





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  • gceb1
    03-20 08:05 AM
    gceb1:

    Are you kidding me with your posts? I can't decide whether to feel sorry for you or get angry with you. But I guess, I will move on since you obviously have issues to deal with...green card should be the least of your priorities!

    My "bummer" post was specifically in response to WAIT_FOR_EVER_GC and whitecollarslave's posts about Masters in STEM. I read all the three bills and I stand by my statement that Masters in STEM are exempt ONLY from the H-1B cap; not the EB cap. (line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).) It is only the PhDs who are exempt from the EB cap.

    Before you start throwing "smart alecky" comments at others, please let me know where it explicitly says otherwise. Don't show me anything about PhDs; ONLY Masters and EB caps.

    I (and probably others too) thought this was the STEM bill being reintroduced which deals with EB caps. But it is not, hence the disappointment.

    Regards,
    Jayant

    P.S.: I know you are going to be back to read this thread. So a lack of response from you will be sufficient for me to have proven my case. But an apology for casting aspersions wouldn't hurt......naah, just kidding! :-) You have a lot of growing up to do, so run along.

    Typical response just to defend......green card might be least of my priorities....but may be its your only priority for you !!!!!



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  • lazycis
    12-18 04:14 PM
    If you put the IOs into situation where they can potentially make mistakes...

    more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.





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  • Templarian
    03-19 09:55 AM
    And I'm sure being promised a cut of the winnings didn't hurt either. :P:shh: if it makes you feel better most of the cash goes to funding open source projects which take up most of my free time, but Sirisian did play with the helicopter I got.



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  • jnicklo
    04-17 11:09 PM
    Dude, please.

    this is a DESIGN FORUM!!!!

    Who in their right mind would ask about getting a job elsewhere.

    "Hey will WalMart hire me at 14?"


    Stop it please.




    And if a company doesnt have a salesman.....then I feel sorry for them.





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  • kaisersose
    09-17 01:32 PM
    Are you sure? Cause I did work with them, no one imagined the crisis of real estate was going to be soooo steep and also no one imagined that my i-485 was going to be approved so fast.
    I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.

    That is the point. It was not of your own volition.

    Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.

    You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.



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  • abigel
    08-07 08:41 PM
    People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.





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  • sumansk
    07-13 10:39 AM
    GEESEE,
    Please spread the word about the IV and let your friends also join it...The more the better...

    Njoy the wealth of information on this website!!





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  • seaken75
    07-17 12:33 AM
    My wife is currently pregnant and so she could not take all the vaccinations that are required. She did the other required medicals though. Will this cause our applications to be denied? Will they allow my wife to get the shots after our baby is born?





    prolegalimmi
    10-02 03:50 PM
    Some scenarios to consider

    1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21

    2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.

    3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.

    4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.


    there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.

    - good luck

    Hello Krishnam

    I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?

    Thank you for your help.





    fairman
    08-19 10:04 PM
    Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china

    if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?

    The downturn also causes 'GC pending' applicants to be laid off.



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