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  • thesparky007
    02-14 07:24 PM
    i dont even have a 3d application to try
    i would if i had 1
    sorry
    hehe





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  • sparky_jones
    03-17 11:53 AM
    See signature...EB3 - India





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  • ARUNRAMANATHAN
    07-13 12:33 AM
    well most the people are blood suckers ......until they grow up !

    When they are a small start up firm they work for you ...after that it is the clerk who works for you not even a legal person.

    Arun





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  • Ramba
    07-14 10:02 PM
    --
    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

    Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.



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  • sukhwinderd
    02-21 06:40 AM
    people from neighboring area/from places on the way are welcome to join.





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  • pappu
    04-07 12:57 PM
    I consider it as a rumor. If you see people on other sites spreading panic, tell them to contact their friend's friend and have him/her contact Immigration voice.

    I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.

    The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .



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  • nagesh75
    10-12 09:15 PM
    EB3 - Feb 2004
    485,EAD,AP : RD July3107 at NSC
    485,EAD,AP : ND Oct0307 at CSC
    EAD,AP approved : Oct10 at CSC





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  • amitjoey
    07-05 12:50 PM
    Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
    Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
    Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
    Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
    People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
    And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
    So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.



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  • logiclife
    01-30 01:20 PM
    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.





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  • prioritydate
    12-20 08:10 PM
    It is difficult to interpret their statement, but I believe in what you are saying.



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  • tonyHK12
    02-10 10:41 AM
    I have about 9500 miles in Delta.
    As StarSun mentioned, we need a volunteer to maintain a spreadsheet of miles, accomodations for matching. Can someone take this up?

    Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?

    Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?





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  • saravanaraj.sathya
    03-10 03:02 PM
    There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.

    Ve fun

    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?



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  • Green4Ev1
    05-26 05:05 PM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?





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  • santa123
    01-26 12:45 AM
    Pls participate & write to CIS on your hardships

    http://immigrationvoice.org/forum/showthread.php?p=312718#post312718



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  • neelu
    12-12 10:48 AM
    We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.

    The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.


    Hi Logiclife,

    If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.

    But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?

    I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)

    Thank you.





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  • swo
    08-15 08:14 PM
    It's very easy to forget that PDs can swing by YEARS at a time. (4 years in the case of the July Bulletin!) Things could easily swing back a year or two in only a month or two.

    You can predict to your hearts content but I wouldn't get too hinged on those predictions.

    Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.

    Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.

    The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.



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  • chanduv23
    09-10 03:59 PM
    Andy Garciaaaaaaaaaaaaaaaaaaaaaaaaaaaa is coming to the rallyyyyyyyyyyyyyyyyyyyyyyy





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  • varshadas
    12-14 08:20 PM
    Except for myself and Rajeev, no one joined the conference call tonight. C'mmon guys, we need some action here. We all ought to participate in these calls. Writing emails, coming and posting I am in is not going to help. We have to take actions here. I will set up a conference call on another day next week and please make sure you all attend.

    Thanks,
    Varsha





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  • natrajs
    04-24 10:01 AM
    Congrats Googler!

    I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.

    EB2, NSC PD 10/02
    I-485 RD - 02/2007
    Approval Notice - April 23'08

    Congrats and Best Wishes





    Jaime
    09-28 06:11 PM
    http://biz.yahoo.com/ap/070926/eu_immigration.html?.v=1





    Madhuri
    10-22 12:05 PM
    Mailed mine today.



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