Sunday, June 26, 2011

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  • eb3_nepa
    11-06 04:49 PM
    It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.


    What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?





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  • immi2006
    05-04 10:00 AM
    Based on Perm Trackers in immigration.com, the rate of approvals for EB2 based on the excel sheets seems like this :

    2005 - EB2 approval less than 30 % of the filing, 39 % is pending for a looooog time, rest are rejects
    2006 - EB2 so far - 41 % of the filing is approved,

    2005 EB3 Approval rate 44 %

    BEC to Conversion to PERM Processs - Rejection rate 78 %





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  • us-alien
    06-16 04:58 PM
    I guess the initial question my miguy still remains unanswered.

    His question was about the validity period of the card and the start date of that validity period that is printed on that card and not the date when you activate the EAD status.

    any answers there ?

    EAD starts on the date its approved and is valid for 1 yr. This will be really bad for EAD renewals where you need to apply well in advance in order to not being out of status.





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  • snathan
    04-26 05:43 PM
    Thanks UKannan,

    That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.

    Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.

    Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.

    Two bags, each can be max. 20 kg.



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  • reddymjm
    05-21 04:46 PM
    I applied for renewal on May 19th. My EAD expires on August 23. So, I guess I'll have to follow your renewal process to see if mine will arrive in time.

    If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.





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  • trueguy
    03-06 01:10 PM
    Both are very good point. May be we should send it directly to Obama office and request him to consider.

    Can we have a letter that everybody can send out. I am sure sending thousands of letters will have more impact.

    Thanks.



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  • jonty_11
    08-15 01:16 PM
    see my post - 4th above...and you will know why u got a red..!!!!!!!!!!!





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  • Rb_newsletter
    01-25 08:42 PM
    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.



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  • gcdreamer05
    01-29 11:57 AM
    Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....





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  • Bpositive
    03-26 10:06 AM
    Great frequent flyer program...great service....and no transit visa bs....no brainer

    heard very good things about qatar airlines too..haven't used it...



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  • arkie2916
    July 15th, 2004, 07:52 PM
    Anders these are just fantastic!! Keep up the great work.

    Bev





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  • walking_dude
    10-25 01:57 PM
    Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.

    Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)

    Here's our new Secure and Trusted Yahoo group

    http://groups.yahoo.com/group/ivmi

    Here's the latest

    1) We are getting our group registered as Official on IV (details sent to IV)

    2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)

    3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.

    4) Others, please provide the following details while requesting to join the group.

    A) FULL NAME
    B) IV handle (N/A for non-members)
    C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
    D) City and Zip Code + 4


    We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.



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  • gc_kaavaali
    05-21 02:22 PM
    Below are the contents from that pdf document....does it means they will issue interim EAD after 90days??????.

    Interim Employment Authorization Document

    USCIS is required to adjudicate a pending Form I-765 within 90 days from the date of receipt. 8 CFR 274a.13(d). Failure to complete the adjudication within this time frame requires the Service to grant an employment authorization document for a period not to exceed 240 days. The following steps are being initiated to reduce, and eventually eliminate, the need for USCIS to issue an interim EAD.

    Field Offices

    Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.

    � CLAIMS Verification
    o Underlying application remains pending
    o Determine if RFE has been issued, thus tolling
    the 90-day adjudicative requirement o Form I-765 remains
    unadjudicated
    o Biometrics have been captured�if not, refer to ASC
    � Contact NBC or Service Center to initiate EAD production�either Interim
    or Non-Interim
    � Provide Notice to applicant acknowledging status inquiry.


    Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)





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  • dealsnet
    07-23 02:12 PM
    See this thread for it.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499

    In the stated situation, I would opt for changing the I-485 case to consular processing.



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  • jai_immigration
    12-21 08:41 PM
    NRI Investing in Stocks India:
    Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

    I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.





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  • fide_champ
    04-06 06:30 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.

    The time limit is 6 months. But if 6 months have already elapsed after filing I485, then you are free to go anywhere.



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  • WillIBLucky
    11-17 12:19 PM
    if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
    IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
    SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.





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  • bayoubengal
    09-24 09:33 PM
    I applied for 485 on July 2nd , did not even get any RN......Guess all we need to do is wait.





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  • GcInLimbo
    11-19 12:08 AM
    Nope. H1 was rejected after 2 and half years of processing. I don't know the reasons for the rejection.





    Administrator2
    03-14 12:27 PM
    I just emailed mine to info@immigrationvoice.org.

    Thanks!





    Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.



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