Sunday, July 3, 2011

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  • styrum
    02-08 11:55 AM
    Who said the position must be in zone V only to qualify for EB2?

    For the position to be qualified for EB2 it must require MS. For position requirements to be considered "normal", they must fit into the respective zone in terms of SVP level. As I learned from my bitter experience, though offficially for a PERM to be approved the requirements don't have to be "normal" (if they are not, you just need to supply the "business neccessity" letter), it looks like the current PERM's software just doesn't have such possibility "in mind" and automatically denies the application if the total education plus experience requirements exceed the SVP level for the zone corresponding to the position. You will get a denial notice which will blatantly claim something like "By answering YES to question H-12 you have attested that the requirements are normal, but the total SVP level exceeds the normal level for this position..." even if you have answered NO to that damn question! Therefore I don't recommend to exceed "normal" SVP level for the corresponding position code.

    However, if a suitable code falls under zone IV, nobody (except for emplyer himself maybe) can prevent the employer to require, say, MS plus 2 yrs of experience. And it is within "normal" SVP level for zone IV, and it does qualify for EB2 (because it requires MS).





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  • Saralayar
    05-02 01:06 PM
    Your sense of humor is pretty low class, crass and ill-informed.
    What is wrong in his statement?. It is the truth happening....





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  • Gravitation
    04-09 12:48 PM
    I'd say, we've waited enough(6-12 years). I know we are all chasing the american dream (perhaps it is just a dream), we should just make peace and move back. Thank you congress, america for giving ppl (from so called 3rd world nations) like us the chance to come and serve this great nation.

    mind you.. dont forget to take back your $$$

    The idea is excellent. You go ahead. I'll follow you shortly afterwards.





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  • akela_topchi
    01-14 02:14 PM
    relax buddy :)

    Great breakthrough in computational politics.........why did you not apply in EB1 ?



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  • rameshvaid
    03-15 10:36 PM
    [QUOTE=rameshvaid;326921]

    What are you going to do with my info? run queries on state criminal record database??
    or do u have access to database that IO's use??

    You have to agree that either of us have the facts to prove the other is wrong. If you have, then Fed's are looking for you :D

    Is not paying a traffic ticket is state or federal record? If it is state, jut get a ticket do not pay it and just for the sake of it after 2 months go to Canada or Maxioco and try to come in. This will answer your own question when you re-enter..Wake up.. some has not to fax the entire case to feds.. this just automatic.. i m sure u r in IT and know how easy it is to get the records these days.. and no i do not have any access to any systems but everything is a public record if one has any..





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  • BharatPremi
    10-24 05:09 PM
    july 2nd filer

    http://www..com/discuss/485eb/63774255/

    Yep, It is luck nothing else...



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  • gc_on_demand
    03-13 12:14 PM
    Our state is like Indian farmers. Indian farmers look for rain in July, August and september for good harvest...we look for July, Aug and Sept for good visa bulletin. Government will not do anything for hard working farmers in India and here for hard working professionals.

    We also get Draught in some category.. Like Eb3 India..





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  • jamesbond007
    09-05 03:18 PM
    You are suggesting how to avoid it rather then try to acknowledge that there is a problem in the wording of AP. By problem, I meant the whole dynamics has changes over the years, so, its time they change to reflect today's reality.

    There may not be everyone who would continue to be on H1 while their AOS is pending.

    In light of the AC21 provision, this is pretty common - people change jobs using EAD and are then on AOS. Looks like the wording on AP was ignored when AC21 was being made into law. This is now biting some of the travelers.

    Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?



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  • gc101
    08-03 05:46 PM
    I am one of those guys who are UNHAPPY about the freak mistake by USCIS to make everybody CURRENT. If this had happened two months later, I would have been fine (and somebody else would have been waiting to get married soon).

    You wouldn't believe how happy I was that USCIS backed off their mistake and I thought I still had some time to get married. I know this is a little selfish, but, I wasn't gaining anything when USCIS made everybody CURRENT.

    I-485 filed today anyway.





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  • floridasun
    01-02 07:31 PM
    He called it garbage can out of bitterness and perhaps a little sarcasm. Obviously this is very important to him, otherwise he wouldn't have vented to perfect strangers on the internet. Have you never really wanted something and lashed out at it out of frustration?

    Thanks Almond. At this point, I am hoping USCIS will at least allow me to change jobs (remember - I am on 7th year H1b - approved I-140, did not apply for I-485 due to retro). some members here said this is possible and some other members said I cannot do this. so I am confused if I can do this or not. If at all USCIS lets me do this, it would be great if I can find a new employer who can do EB-2. I am praying to God to help me while I try this route. I am not asking too much here... am I ?



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  • chi_shark
    10-01 01:54 PM
    it depends on the individual hospital... your downside is only your wife getting fired... which might not really happen unless your wife supplies 100 A grade nurses to the directly competing hospital across the street... if she does that, anyway she wont care for the job.... :-) all the best... let us know how it goes...

    Hi,

    My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?

    Please help me out if anybody has an idea.

    Thanks.





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  • pcs
    05-22 03:15 PM
    plz contribute and update your signature as well.

    Please help us as I might be away for few hours .

    We need cotribution by everyone

    Thanks



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  • brb2
    10-10 07:01 PM
    Well, DOS is alerting that don't expect additional rapid movement any time soon. Here is the relevant part of their warning:

    E. EMPLOYMENT-BASED VISA AVAILABILITY IN THE COMING MONTHS

    Cut-off date movements in recent months have been greater than might ordinarily be expected, in an effort to maximize number use within the annual numerical limits. This has been necessary because demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases has been relatively light. As these dates have advanced, however, many thousands of applicants have become eligible for processing at CIS Offices. Once number use increases significantly as CIS addresses its backlog, cut-off date movement will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a particular possibility.


    The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.

    So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.

    Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.





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  • paskal
    04-09 05:30 PM
    as i said earlier it gets a bit much
    but the thread does not mention a country
    merely talks of leaving- and that's free will aint it!
    now individuals will discuss it based on their own experience, and fortunately or unfortunately the majority here belong to one country, it really should not offend you, although once again i repeat, i do not think it is ideal.
    being so sensitive is easy here, bet you have much thicker skin at work in in your neighborhood. please show tolerance in your comments, that's all i asked. you can point out the same think politely, or gently refer to the irrelevance of the discussion which is clear anyway to most people. not a lot of contributors to the thread you may note....

    oh and by the way- when threads like this are shut down, people scream free speech. everyone will dislike something when there are 10,000 people. please chill out. live and let live.

    as for the plenty of people that won't come here- sounds to me like they forgot what the real problem is. just my humble opinion, but anyone that won't help with fighting this crisis because of petty trite reasons like "some threads are so country centric" would have been of no stinking use here anyway but to whine and complain. as it is barely 200-300 people bother with anything concrete.

    you on the other hand friend, i happily assume are better than that.
    please please ignore this silly thread and get on with what's important.
    i'm going to...won't see me posting again.



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  • svr_76
    02-27 04:06 PM
    Yes I think we should also try to see if non-immigrant people who have already bought a home they should higher priority date than people buying now. Also given the case of ailing auto industry add buying American car in the list too.





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  • Tonyy
    05-14 10:27 AM
    I also want to ask this question. If i want to appeal after 2 years then is that possible?



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  • vik_tx
    05-16 12:24 PM
    now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)

    does any one have membership to the aila website.. I am curious to see whats posted behind the below link on the site..

    Just Posted
    DOL Final Rule on Substitutions and Other Labor Certification Issues
    http://aila.org





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  • santb1975
    12-16 11:49 AM
    you can definately contribute less than 50$. Just login to paypal and send your contribution to donations at immigrationvoice.org and better yet team up with your colleagues and if 10 of you can contribute 10$ each that becomes a 100. We have had a few IV'ans do that.

    Please remember IV is made up of people like you and me and IV will become what we want it to be. IV cannot function without contibutions from members like you and me as well. Every member in IV (including the Core team) has a Job, Career and a family. some IV'ans contribute money, some contribute time, some contribute both time and money and some do none. It is all about priorities.:)


    Hello there,

    I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
    I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..

    But hey is'nt IV the one which is at the receiving end not getting our contributions..

    I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+

    And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...

    My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..





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  • shana04
    02-23 09:39 AM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Thanks,
    Chandra.
    Facts:
    Labor: July 2005
    485 File Date: Aug 2005
    I 140 Approve Date: <Mon> 2007
    On Bench: Jan 2008 to Jun 20th 2008
    Working with new employer since: June <last week> 2008
    RFE: Dec 2009 (for EVL) filed AC21
    second RFE on last 5 yr employement, W2 and Tax returns

    Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney

    Questions:
    1. When did you start using EAD

    2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.

    If you filed taxes appropriate to 2008 then you are just fine

    talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.

    Please provide all the facts before some one can help

    good luck and keep posted with updates





    rayoflight
    08-16 06:33 PM
    Emailed 2 Senators: Barbara Mikulski and Benjamin Cardin
    &
    My Congressman: Chris Van Hollen

    I am from Maryland

    Link to contact the Congress: http://www.visi.com/juan/congress/

    Cheers,
    K





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    05-17 08:21 AM
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