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simple1

06-18 04:50 PM

My intent is not to divide IV. I was just highlighting EB non-ROW.

Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?

Please enlighten me.

Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.

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saps

07-09 12:09 PM

I think the exams do expire. Just carry the copy of your old medical tests to the doctor and you might not need to take the vaccination shots again as most of them are valid for long period. But your wife will have to retake the TB and other tests. Just take the RFE with you to the doctor's office.

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rjgleason

June 18th, 2005, 03:11 PM

No.1 is my favorite.....I like that (so it seems to me) that the emphasis is on the sky, which has suberb coloring........Wish I was into photography when I was living in SFO......I'd still be there, borrowing your 600mm. (and having a good friend!)

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Dipika

03-28 09:41 AM

guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

http://murthy.com/bulletin.html

hoping big forward move.:D

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aug2007

02-24 07:53 AM

Thank you theshiningsun and chanduv23.

Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

I want to clarify little more.

1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

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willIWill

07-15 05:38 PM

Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

HTH
GCCovet
Thanks for the reply gccovet.

I can have the marriage cert and BC notarized. Sending pics is a good idea. But I'm not sure if it will fit in the return cover they provided me with. Still unsure if I need to send the affidavit of support and other financial documents for the same like sending it for derivative I-485

Thanks again for your suggestions.

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javadeveloper

07-20 09:51 PM

OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?

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senthil1

11-17 03:12 PM

Yes it is true. I remember companies like Cisco did not file for a few years from 2001 after they were doing layoffs because of the restriction by DOL. Then they restarted after 2004

It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.

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RiaonH4

01-18 11:13 AM

Cool. Thanks for your replies. One more question. Are you guys currently in US and have applied 485. How do i use Canadian citizenship and 485 pending to maximize my opportunities in us and also have Canadian citizenship as a backup?

Ria
:D

King37 sent you a PM

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desi3933

04-02 01:02 PM

.....
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....


Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.

Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.

You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.


________________
Not a legal advice.

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piyu7444

05-06 03:05 AM

Folks,

I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.

Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?

To get an answer just visit this thread

http://immigrationvoice.org/forum/showthread.php?p=339084#post339084

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gc_kaavaali

05-21 02:37 PM

Hi,
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.

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backtoschool

12-28 12:32 PM

I spoke to some one and he has told me the following:

(1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
(2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
(3) 485/GC is for future jobs.
(4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

Other questions for folks who asked me:
My stats
EB3 - india
PD Jul 2002

No, i am not stuck in the name check stuff. Just the BS wait!!!

SO, guys who else is moving outside US for education?

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ikass

08-10 08:47 PM

IV team - This is a good chance and worthy one to lobby for. Any updates/leadership on this would be appreciated.

Thanks,

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saurav_4096

10-02 03:08 PM

the RFE was on Ability to Pay

If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.

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r_mistry

01-18 11:44 AM

Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???

I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.

Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?

Many thanks for your input on this.

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Prashanthi

12-03 05:13 PM

I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.


Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.

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sobers

02-09 04:10 PM

While we all know loony loo tends to primarily go after illegals, we also are well aware of his anti-immigration stance and anti-H1B tirade.

Southern Poverty Law Center, a respected civil rights group from the MLK era, operates an "Immigration Watch".

This is what they said about him:

Broken Record
Lou Dobbs' daily 'Broken Borders' CNN segment has focused on immigration for years. But there's one issue Dobbs just won't take on.


Lou Dobbs is a genial sort, a pleasant-faced CNN anchorman who regularly presents himself as standing up for American working men and women against those who would injure them. Hosting "Lou Dobbs Tonight" for a prime-time hour every weekday, he is also well known and powerful. So when Dobbs focuses on an issue, millions of Americans learn just what it is that Dobbs thinks they should know.
For more than two years now, Dobbs has served up a populist approach to immigration on nightly segments of his newscast entitled "Broken Borders." He has relentlessly covered the issue, although hardly from a traditional news perspective -- Dobbs favors clamping down on illegal immigration, and his "reporting" never fails to make that clear. He has covered the same issues, and the same anti-immigration leaders, time after time after time. In recent months, Dobbs has run countless upbeat reports on the "citizen border patrols" that have sprung up around the country since last April's Minuteman Project, a paramilitary effort to seal the Arizona border.

But there's one thing Lou Dobbs won't do. No matter what others report about the movement, Dobbs has failed to present mounting and persistent evidence of anti-Hispanic racism in anti-immigration groups and citizen border patrols.

It's not that Dobbs hasn't allowed a pro-immigration activist or two to complain about efforts like the Minuteman Project ("vigilantes," according to President Bush), or even that he has made racist statements on his show. What the anchorman has done is repeatedly decline to present the evidence that links these groups to racism, calling the very idea "mind-boggling." On his July 29 show, he called the ACLU and the Southern Poverty Law Center, which he said he liked in other ways, "despicable" and "reprehensible" for saying otherwise.

Consider some of what Dobbs has failed to report, despite the fact that in almost every case these developments were reported widely elsewhere:


GLENN SPENCER, head of the anti-immigration American Patrol, has been interviewed at least twice on the show, on Jan. 7 and June 4, 2004. Spencer's Web site is jammed with anti-Mexican vitriol and he pushes the idea that the Mexican government is involved in a secret plot to take over the Southwest -- facts never mentioned on Dobbs' show. Spencer's group is regarded as a hate group by both the Southern Poverty Law Center and the Anti-Defamation League. Spencer has spoken at least twice to the white supremacist Council of Conservative Citizens, which has described blacks as "a retrograde species of humanity," and once to American Renaissance, a group that contends that blacks are genetically inferior to whites. Dobbs has never reported those ties, or mentioned Spencer's more wild-eyed contentions, such as his prediction that "thousands will die" in a supposedly forthcoming Mexican invasion. His CNN colleague Wolf Blitzer, on the hand, featured Spencer on his own show but reported Mexico's official response and SPLC's hate group designation.

In late 2004, it was revealed that the new head of a national advisory board to Protect Arizona Now, an anti-immigration organization, was a long-time white supremacist who was also an editorial adviser to the racist Council of Conservative Citizens. Although VIRGINIA ABERNETHY's controversial selection was reported prominently in virtually every Arizona paper -- and despite the fact that Dobbs heavily covered the anti-immigration referendum that Protect Arizona Now was advocating -- Dobbs never mentioned the affair at all.

A man named JOE MCCUTCHEN was quoted last April as part of a feature on the Minuteman Project, described by Dobbs as "a terrific group of concerned, caring Americans." No mention was made of the fact that McCutchen, who heads up an anti-immigration group called Protect Arkansas Now, had written a whole series of anti-Semitic letters to the editor and given a speech to the Council of Conservative Citizens -- facts revealed the prior January by SPLC, causing Arkansas' Republican governor to denounce McCutchen's group.

This August, BILL PARMLEY, a Minuteman leader in Goliad County, Texas, quit the group because of what he described as widespread racism. Similarly, in September, newspapers reported that another Texas Minuteman, Janet Ahrens, had resigned because members "wanted to shoot the taco meat." Dobbs never mentioned either of these people, who were featured prominently elsewhere.

On Oct. 4, Dobbs had PAUL STREITZ, a co-founder of Connecticut Citizens for Immigration Control, as a guest on his show. Streitz denounced Mayor John DeStefano Jr. for "turning New Haven into a banana republic" by favoring identification cards for undocumented workers. Two days later, newspapers revealed that two of the group's other founders had just quit, saying Streitz had led it in a racially charged direction. Dobbs has never reported this.

BARBARA COE, leader of the California Coalition for Immigration Reform, was quoted on a show last March bitterly attacking Home Depot for "betray[ing] Americans," apparently because Hispanic day laborers often gather in front of the store looking for work. Not mentioned were her group, listed by the SPLC as a hate group, or the fact that she routinely refers to Mexicans as "savages." Coe recently described herself as a member of the Council of Conservative Citizens, a "white pride" group formed from the remnants of the segregationist White Citizens Councils of the 1950s and 1960s that were once described by Thurgood Marshal as "the uptown Klan." She also told The Denver Post in November that she had given a speech to the group.

CHRIS SIMCOX, co-founder of the Minuteman Project and a top national anti-immigration leader, was arrested in 2003 by federal park rangers for carrying a weapon illegally while tracking border-crossers on federal parkland. While Simcox has been repeatedly interviewed on his show, Dobbs has failed to mention that arrest or bigoted anti-Hispanic comments Simcox made to the Intelligence Report several years ago.
Although Dobbs has steered clear of the racist comments that some of his guests have made elsewhere, he has warned of "illegal aliens who not only threaten our economy and security, but also our health and well-being," according to Fairness & Accuracy in Reporting (FAIR), a media monitor. In 2003, FAIR added, a reporter on Dobbs' show grossly mischaracterized a National Academy of Sciences report. The report found that immigrants provided a net gain of $1 billion to $10 billion to the U.S. gross domestic product, but the CNN reporter said the report had found the economic impact of immigrants worked out to a net loss of up to $10 billion.

Dobbs is revered in anti-immigration quarters and on the far right generally. He is the winner of the 2004 Eugene Katz Award for Excellence in the Coverage of Immigration, given by the Center for Immigration Studies (CIS). CIS claims to be a "nonpartisan research institute," but in fact is a thinly disguised anti-immigration organization. The 2005 Katz Award went to the immigration beat reporter for The Washington Times, a hard-right newspaper based in Washington, D.C.

In general, Lou Dobbs has declined to report salient negative facts about anti-immigration leaders he approves of, or simply avoided mentioning certain of their views -- notably the conspiracy theories propounded by people like Spencer.

Still, Dobbs is hardly immune to the lure of the weird. Last September, he offered up Idaho meteorologist Scott Stevens as a guest on his show. Stevens had just left an Idaho television news program immediately after telling viewers of a bizarre theory that Hurricane Katrina was caused by unknown evildoers. "Terrorists were engaging in a type of eco-terrorism where they could alter the climate, set off earthquakes and volcanoes," he told Dobbs. Stevens said they were using "scalar waves," invented by the Japanese, to attack America with Category 5 storms.

"Intriguing assertion," Dobbs concluded at the end of the interview. Much the same might be said, and in the same spirit, about the news "reporting" that Dobbs presents as he doggedly explores and supports the anti-immigration movement.

http://www.splcenter.org/intel/intelreport/article.jsp?aid=589

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10-23 05:31 PM

we probably should look for the best fit option... If the website offers flexibility with availability, thats the way we should go.
You are doing a great job, WD.
Once we have the structure set, and people engaging in several crucial areas, we will have a better idea about what fits better...

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gbof

04-27 09:50 AM

Thanks vhd999,

That is what I am talking about. Even after confirming with cust serv reps, the check-in counters behave differently. I will also carry a printout of the website that says 2 bags for the worldwide option.

desigirl,

There is no problem at India's end..we all know how to handle that. Also, it does matter if there are 2 bags or 1 from here. If I have 3 extra bags, then I end up paying more...rather than assuming that they will be checked in free. You pack your luggage accordingly assuming x no of bags are involved. Also, I will make sure my wife travels comfortably, that's why i am asking these questions in the first place.

I had 2-bags but I guess lot more heavier than allowed-- They put the 'excess baggage' stickers. But they did not advise or demand money at check-in (I was ready to part with extra stuff, if advised). I thought they may demand money.......at check out --but no body demanded. I guess they were quite liberal atleast in my case....may be an exception

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waitin_toolong

07-18 07:03 PM

what if for some reason you miss the flight or it gets canceled, give yourself some buffer time and save a lot of grief.

Decide a few dollars is more important than getting I-485 on time or not.

I have seen the same thing with B1 people, first they forget the rule is 180 days not six months then they book last day flight and are here beyond I-94 date.

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