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  • anil_gc
    09-26 08:04 AM
    as per the certificate you completed the degree in June 2002 and you don't have five years from that date so it is tough now, filing for EB3 was a good option.
    Talk to the lawyer and see they can correct it at this stage





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  • x1050us
    07-19 10:24 AM
    All;

    The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.

    Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.

    About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.

    I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment

    I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
    What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.





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  • mattresscoil
    01-04 12:32 PM
    How many days before expiry can one apply for

    1. EAD extension.
    2. AP extension.
    3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.

    Thank You,
    Bobby.
    Robert Kumar:
    EAD renewal can be filed 120 days prior to expiration.

    AP renewal can be filed 120 days prior to expiration

    EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.

    If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.





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  • rajakannan
    06-27 10:08 AM
    It is not workable option. How can you ask and convince your attorney to wait till the end of month and file. It is really foolishness and stupidity. If something happens, everybody will suffer. So, start sending whenever your docs are ready and good to go. Since we got a month, all filings will be distributed to whole month, and nobody or media cares. If they receive all on a particular one day, then it will be in news unnecessarily. Then, everybody starts hating GC applicants like the way it is happening for H1Bs because of mass filings on Apr 2nd 2007.

    So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.

    Happy filing.

    There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.

    besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)



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  • maine_gc
    07-06 04:55 PM
    I support this action item.

    Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.

    Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.





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  • krishmunn
    11-20 09:56 PM
    If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.

    Definitely it is fine for "you" but not for many others. That's why many oppose it.

    Why people are apprehensive ... the same reason why the very same people demanding for a special quota are apprehensive that Illegals will be placed before them pushing them further down the queue.


    And if it plays by money may be have an auction for GC ... highest bidder gets it first ;)



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  • gcnirvana
    07-06 04:04 PM
    Also let all your friends/family know about tonight's interview. This will encourage them to visit IV and ultimately join and contribute :)
    BTW, Great Job IV and Good Luck Doc!!

    New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends





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  • s_r_e_e
    08-10 10:38 AM
    How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?

    Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.



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  • neverbefore
    07-14 04:12 PM
    The officer only said "you will hear from us when we get the clearance."
    Said nothing about keeping the passport.

    Thanks a lot for your replies. :)





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  • Libra
    01-16 01:00 PM
    bump



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  • h1techSlave
    11-30 01:15 PM
    Mallu, I think the opposite would be the case.

    Right now the PD is kept at an artificially low range, since neither the USCIS nor the DOS has a clue about how many GCs they are processing. So for the last several years, they were ultimately issuing only around 80,000 GCs even though the quota is 140,000 + 80,000 (from family quota). A wastage of around 140,000 visas per year.

    If USCIS can approve a GC after waiting for 120 days (with our with out a response from the FBI), then the GC approval would become much more predictable. Then the PD cut off will be much more realistic, resulting in a much lower wastage of visa numbers.

    The end result, the PD would move upward quickly.

    If this turns out true, that will be great !!!
    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.





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  • mwin
    05-13 04:48 PM
    If you get re-married before GC, then your wife is eligible under employment quota with your PD. It does not matter if she is in India or USA. The critical thing here is your marriage date should be before your actual GC receive date.
    This is generally for people who get married for the first time, in your case I am not sure. search some old Murthy forums fro more info.




    I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
    Since I have valid H1 can I do something,



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  • chanduv23
    08-11 09:17 PM
    IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

    One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

    So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

    Then again, I am not a lawyer and all that...

    In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.





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  • walking_dude
    11-21 03:29 PM
    Our community needs to get this - We [through non-participation] are the problem, not others.

    If folks had turned up in DC rally in 10,000-20,000, if equal number thousands had written letters to their Congressmen, if all of them had visited local offices, if hundreds of them had visited DC offices - we would have succeeded by now. Steve King or not.

    We did nothing, except make those last minute calls. We gave the lawmakers suggestion for solution (pass HR xxxxx), without bothering to educate them what the problem is and how many are impacted. Results were there for everyone to see, Horses bill was put for discussion before ours, making it very easy for Mr. King to do his dirty work.

    We shouldn't be complaining. I bet the horse lovers (animal rights activists) were more active and successful in educating the lawmakers than our community. Hence they got the precedence.

    Point is there will be lawmakers like Rep King and Sen Sessions, who'll oppose any visa increase or recapture, rain or sunshine. There are also lawmakers who are sympathetic to us to balance them out. Our biggest hurdle is other lawmakers who don't have a stand on the issue. They are the majority and their vote can go either way. Our biggest hurdle is to reach out to these lawmakers, explain our problems and convince them that a sufficiently large number of their constituents are impacted.

    If we succeed in doing that, our battle is won. No King or Sessions can stop us.

    Good job on bringing this back to fire.

    But one sad thing that Steve king of Iowa got reelected and he is ready to filibuster.



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  • alex99
    06-28 10:59 AM
    Hi Friends,

    what is the best date to mail(Overnight Delivery) the 485 application so that it reaches USCIS on July Second.

    Regards,
    Alex





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  • bobzibub
    12-27 01:13 PM
    I don't think 90k for someone with 7-8 years of experience is high in most parts of US. Market rate for IT professionals might have increased in people working with niche technologies. But in general, I see a down trend. And with more people in the job market in Jan 08 (with AC21), I can predict the rates heading south.

    Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
    So my glass is half full. :D



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  • qplearn
    12-12 01:16 PM
    You wont be disappointed.



    This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...

    :-):-) Hehehehe folks..please continue from here, cant give more than this for now!!

    Don't moan or groan :) Against the law :)





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  • greatguy
    11-13 09:20 AM
    I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:

    At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.

    I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.

    I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.

    I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.

    There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.

    The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.





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  • mmj
    04-24 08:32 PM
    I think 90% of the people are doing nothing :(

    People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...





    IneedAllGreen
    06-27 02:33 PM
    I second your opinion. I went to Kinkos for quality of photos. I dont have maline thought for other places wherever people had visited or thought to visiting in future. I had taken photos in 2002 from Kinkos and they were using Polaroid camera those days. I sent those photos for H1B Visa stamping at State Department in DC. It worked that time and I liked Sears as well for their quality work. By the way I took lots of photos in 2004 from Sears for Marriage proposals. Yeah I got marry last year because I sent Good quality photo to my in-law family. You see you get what you pay for..Guys as "LogicLife" says you get priceless GC while you dont want to pay couple of extra bucks....Poor you...

    Thanks


    Hi
    We got our photos from SEARS . It is expensive(36$ for 8 photos ,(no option of ordering just 6 photos) )but quality is great !!!!

    tell them you need photo for immigration documentation purpose , they are aware of USCIS requirement.

    so if u care about quality go to SEARS ,if u don't care about quality go to CVS





    gg_ny
    09-08 07:41 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

    biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.