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    kaisersose06-16 12:57 PMShe can make all the recommendations she wants, but the decision lies with your employer.

    Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.

    Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.



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    PD073102VA03-26 09:43 PMOne thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.



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    zulo171510-20 04:34 PMHello,

    I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.

    My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).

    OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.

    - Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?

    - Is there anything that the sponsoring company can do regarding this; I mean help me out?

    - Can I work for another employer now that I have my GC in hand?

    Thank you,



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    drirshad04-21 08:40 AMhttp://hammondlawgroup.blogspot.com/

    Thursday, April 19, 2007
    Crystal ball gazing

    Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�

    Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.

    In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.

    Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.

    more...


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    Nagireddi11-27 10:48 PMSame with my case any guesses are welcome.



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    CADude12-17 07:22 PMIt's true.. CA n NY were worst... Anyway PERM removed this state to state business of Labor for new applicants. But ideally any process should not have luck part including USCIS?

    So waits continue till I am LUCKY.....


    Dates were current till 2005. They were again current in between.
    So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.

    more...


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    ksrk05-01 08:11 PMHi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?

    What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).



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    little_willy10-04 01:20 PMThanks for the link

    more...


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    dealguy00705-11 04:23 PMsmuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers

    OP is busy, International Manager got a call from her TCS Manager.



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    gr8dainJune 14th, 2005, 07:51 AMForgive my ignorance, but would you be able to use the extension tubes mentioned above with a third party lens like the Sigma Gary mentioned? Obviously the Sigma lens would have to be a Nikon mount since the tubes mentioned above are Nikon, but assuming the mounts were the same would that work?

    Dain

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    thomachan7210-19 09:35 AMHas anybody done that?
    Questions;
    1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
    2) Has the new job title and responsibilities be very similar to the old one?
    3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
    4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?

    It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.



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    gtg506p03-22 12:22 PMHi,
    We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
    Amar

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    ksrk07-07 06:14 PMThanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?

    Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
    When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.



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    sertasheep05-30 05:14 PMThats great news, berkeleybee. You should probably point out that several members may have contributed hundreds or even thousands of dollars,
    (including the core team.)

    This is a great achievement. I deeply respect the involvement and the efforts of the core team members.

    :)

    more...


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    gauravster04-22 11:07 AMWhat I say should not be construed as any form of legal advice but based on what I know I list the following things.

    1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
    2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
    3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.

    Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.

    I hope this helps.

    Cheers,
    Gaurav

    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?



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    hiralal10-08 04:40 PMVisa Bulletin for November 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5172.html)

    more...


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    illinois_alum03-05 09:11 PMyour wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional



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    james_bond_00704-03 01:57 AMthank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.



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    copsmart06-23 10:22 PMSame here.

    I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.

    Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.

    you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.



    pxkuma04-07 08:20 PMThere is absolutely no reason to fear. I also work for a TARP recipient. In January, I received a 3 year extension beyond the 6th year.

    I went to Toronto last week for my H1B stamping. At no point of time, did anyone ask about TARP or any ramifications related to it. All talk of no H1B extensions beyond 6 years is absolutely false. Also, I can't imagine the BofA case rejection to be true either.



    msr99908-14 07:30 PMSorry for the dumb question. My status changed today and it said " On August 14, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you". Does this mean my greencard approved?

    Category: EB2
    Priority Date: 11/15/2004
    Receipt Date : 08/17/2007


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