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  • hebron
    10-28 02:37 PM
    Thanks guys for posting your experiences.

    I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.

    I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.

    I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?




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  • eb3_nepa
    07-14 12:48 PM
    Hello everyone,

    I am starting a new campaign for IV's benefit. It is called "Give me a High Five".

    The point of this campaign is to send Not $100, not $50, not even $10.


    ALL you need to do is write out a $5 cheque and send it to IV on the address listed.

    The address to mail the checks to is:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65


    Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.

    We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.

    For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.


    The following IV members have entered the High Five Hall of Fame:
    bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal




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  • manugee
    09-10 02:26 PM
    Though small, I made my contribution ($100 via Google).

    I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.


    Good luck,

    Manish Jain.




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  • amitjoey
    07-18 04:20 PM
    I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.

    I wish we make it only for contributing members.



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  • gctest
    09-15 04:19 PM
    That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

    Infact, it would be wrong to call this a lawsuit.

    We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

    If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

    The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.







    Incorrect.
    Please read this pdf document
    AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)

    Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
    ----------------------------------------------------------------------------------------
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
    For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
    --------------------------------------------------------------------------------------

    I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.


    _____________________________________
    Proud Indian-American and Legal Immigrant




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  • ssa
    09-10 04:33 PM
    USCIS currently has no accountability at all. Nor do they seem to have any clue about how many cases they have in the queue. Just see EB2-I dates for all the 12 VBs for the 2008 fiscal year: It started at 1 APR 2004 then retrogressed back steadily till it eventually became "U" just to jump back to 1 Aug 2006 for the last 3 months! Now after one whole year of processing and approving some 20-30K green cards for EB2-I it is starting at 1 APR 2003, a full year back from where it began last year!! Meanwhile they have handed out thousands of green cards to PDs in 2006 when the rule clearly states they have to clear older PDs first! Care to explain, USCIS?

    I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?

    I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!

    Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!



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  • cheg
    07-21 05:23 PM
    count me in...i live in Murrieta, CA.:)




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  • baburob2
    03-16 11:23 AM
    oops.



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  • akkakarla
    07-05 04:22 PM
    Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.

    Going to meet Congress Congresswoman Eshoo staff next week.




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  • Green.Tech
    05-23 12:25 AM
    wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....

    ....not for an argument but a query

    Not sure but I guess the IV team is just picking names from when people post confirmation of the contribution, and quite likely inadvertently missed your name....

    ...not for argument either but I won't worry too much who is or is not on the list...I will just be content with contributing...who cares if I am on the list or not! :)

    Thanks for your contribution!



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  • PD_Dec2002
    06-02 10:27 PM
    Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?

    Thanks, but no thanks!
    Jayant




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  • icedgin
    07-30 11:08 PM
    Angel,

    I have come across one interesting procedure in the USCIS website regarding beneficiaries of LPRs and I am asking a friend in the US in an immigration law firm to verify about this. I am just waiting for her to provide me the details and I will inform you about it since you can also be filed as derivative beneficiaries of your wife as an alternative way for you and your daughter to be with your wife.I do pray and hope she gives me a positive response.



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  • pappu
    11-16 12:31 PM
    nice write-up Jimi
    Congratulations Jimi

    http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba




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  • GayatriS
    01-05 08:50 PM
    He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?

    Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.

    Learn to deal with the truth whether you are Indian or American!!


    ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
    just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..



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  • IV2007
    04-08 01:06 PM
    Can someone please respond to this ??

    Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?




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  • ind_game
    05-14 03:55 PM
    Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.

    Good luck.

    Not sure how the GUI interface for USCIS looks like.........atleast there would be a history of updates for each petition like received, approved, revoked along with dates and notes, just like we do updates to our threads in this forum..........I mean that is bare minimum

    But my online status of I-140 still says this........Not that I have to rely on this.......

    __________________________________________________ ________________________

    Receipt Number: LINXXXXXXXXXXX

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Approval notice sent.

    On September 4, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    __________________________________________________ ________________________



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  • desi485
    11-14 06:09 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Chandu, also see this link about cancellation of employment authorisation.

    http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8

    � 274a.14 Termination of employment authorization.
    (a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:

    (i) The expiration date specified by the Service on the employment authorization document is reached;

    (ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or

    (iii) The alien is granted voluntary departure.

    (2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.

    However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.

    (b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:

    (i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or

    (ii) Upon a showing that the information contained in the application is not true and correct.

    (2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.

    (c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.

    (2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).

    (3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.

    [52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]




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  • eb3_nepa
    07-05 01:00 PM
    3 Threads on the same issue




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  • santb1975
    05-25 02:31 PM
    The amendments were on the senate side and the HR bills are from the house side. Please contact your state chapter lead (walking_dude for MI) for updates and find out what's happening. We have lot of work to do and we really need volunteers. I am unable to post any info. on this public forum which is open to the world.

    so the amendmants which were linked to war bill are differant than all this HR bills.....?




    sriramkalyan
    07-05 07:36 PM
    Looks like some one upset with Donor only calls..

    Lot of members got use to Free Food ..




    jchan
    09-10 10:00 AM
    Looks like last night's particle accelerator experiement sent us back in time!:D

    haha this is a good one :)



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