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  • veni001
    01-18 05:49 PM
    Thanks for the reply
    I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
    if i get an I40 with EB3 and move to another EB2 employer
    It will result in me losing everything except my priority date
    but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
    in that case I lose everything and need to start from scratch
    Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?

    -chehuan

    Copy of I140 approval notice. You can request this from USCIS using FOIA:)





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  • CRAZYMONK
    09-24 02:37 PM
    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.

    There you are. I am pretty sure that the reason for your RFE is your travel.

    Every thing should be fine if you just send your medicals again.

    Any way all the best.





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  • sinziana
    01-20 01:04 PM
    I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
    First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.

    sdudeja, nice to meet another teacher on the forum!
    hi,
    tell me please how is this NGO
    i AM teacher and I am looking for ajob in USA
    THANKS





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  • shahzaib616
    05-17 06:41 PM
    I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
    Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
    For everyone else, please read below for my story/question.




    "Before I begin with my question, allow me to give you a brief overview of my case:
    In the year 2000, I initially filed for Labor Certification.
    In 2004, I received approval of my application for Employment Authorization (I-765).
    In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

    Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
    I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
    Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

    Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
    Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

    Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
    Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

    Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

    Sincerely,
    Shahzaib"



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  • gcseeker2002
    04-09 05:35 PM
    Good luck, atleast you are in EB2





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  • pasupuleti
    01-10 07:06 PM
    NumbersUSA just says that S.9 is similar to S.2611, which died last year. I don't think NumbersUSA has the text for S.9. From NumbersUSA

    "NumbersUSA believes that this is a �shell� bill, which, at some point, will be amended to include language very similar to that which the Senate passed in 2006 [S. 2611]."



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  • kondur_007
    02-23 07:11 PM
    Well, in the middle of negative comments, I have something positive to add here.

    I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.

    In any case, I have following comments/solutions for you:

    1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".

    2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:

    If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.

    If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.

    Above applies to all the dependents as well.

    3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.

    Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.

    So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....

    Good Luck.





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  • FinalGC
    10-21 08:46 AM
    Yes, your company can do that, however this can only be done for a period of 1 year.

    This is what most of the consulting firms do...if you see most of their projects are never more than 1 year. This is a way to save taxes for employees and employer.

    However, after 1 year you cannot claim any expenses. if the company allows it, then they will be in trouble and not you. Otherwise, find another project at least 50 miles away from your current location.

    So what your company is doing is legal....



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  • MatsP
    July 28th, 2005, 12:33 AM
    With your requirements, wihtout knowing more about what type of photography you're actually interested in, I'd say the Canon Rebel XT (EOS 350D) would be a good match with plenty of money to spare on buying some nice lenses. Nikon D70 is another option, in rougly the same price-range.

    One step up from the Rebel XT is the 20D. The 20D has the same sensor and other major features, but it's got a bigger buffer and is slightly faster on "multishot", so if you're into shooting fast sequences, that would be the way to go. You're looking at the better part of a grand to buy the 20D house only, so unless you're particularly after this feature, there's little reason to go for the 20D, the XT will do everything else just fine.

    When it comes to "Upgrading to professional", I think you'll find that the Canon and Nikon both have a range of lenses, and a few camera bodies. The camera body will be one side of "how professional" the equipment is, and the lenses will be the other side. The general principle here is that you can easily spend 3-4 times more on lenses than you do on the camera body, so lenses are probably going to be your major outlay in the long term, whether you are an amateur, professional or in-between. [I for instance have a few "professional" lenses, but not all of my lenses are that level, and I don't own a pro camera body].

    I don't think Canon or Nikon are about to change anything dramatically that would break the backwards compatibility, so whatever you buy today, you should be able to use for a long time. [I've still got some lenses that I bought about 15-20 years ago].

    --
    Mats





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  • GCFISH
    08-31 11:31 AM
    taking it back....don't want to debate, assuming you all know the fact.



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  • raghuram
    11-10 12:57 PM
    Even though the immigration is the highest priority for all of us on this web site, that is not the same with Mr. President elect. He has to take care of other pressing issues like economy, Iraq war etc. first.

    Therefore, I don't think it would be worthwhile to spend our resources for at least 6 more months. Once he settles down in the office and other things start moving, we can try at that time.





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  • singhsa3
    02-28 02:59 PM
    Obviously, you don't know how the system work, well , Welcome to dealing with USCIS!
    If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.



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  • god_bless_you
    06-20 03:27 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.

    if changing Employer is benificial to you in any way -- financially or peace of mind,, go for it,
    save more and keep options open ...

    DO NOT RELY ON GC PROCESS!!





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  • sobers
    06-16 10:03 PM
    The only reason why the House hasn't given in on CIRA is because of the incessant pressure of restrictionists such as NUmbersUSA activists. Look at how active they are. Granted one has to be a Citizen to vote, but the first amendment gives us ALL the right to free speech and express ourselves. That is why IV is legal, and that is why the least we can do is a webfax campaign regarding Skilled Immigration (SKIL bill) AND show up at local meetings with Congressman.

    Believe me, if we don't speak up, no one is going to do it for us. People like me with 02 priority dates are going to wait atleast two more years, folks who filed in 05 may get to wait 5+ years for their GC. This is the way things look currently.

    The Illegals like the Chamber of Commerce, the big lobby Ag, Hotel/Travel, Construction, Meat-Packing, Industries, the Catholic Church and big ethic lobbies like MALDEF, La Raza, besides millions of hispanic votes.

    The other side also has the power of millions of votes and a LOUD VOICE.

    We have nothing compared to them. You can see we are small fish...that is why we need to do all we can to make ourselves heard.

    =========
    From: Roy Beck <ImmigrationInfo@numbersusa.com> Add to Address Book
    Date: 2006/06/09 Fri PM 02:15:30 EDT
    Subject: Time to turn up the heat on Congress

    .t1generaltext { font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 12px; color: #000000; padding-top: 3px; padding-right: 5px; padding-bottom: 3px; padding-left: 5px; margin: 0px; } >
    From: Roy Beck, President, NumbersUSA
    Date: Friday 9JUN06 9:30 a.m. EDT


    Please take some actions today .... and prepare for many more actions next week

    DEAR SUPPORTERS OF LOWER OVERALL IMMIGRATION,

    Thanks to all of you who -- in the two weeks since the Senate voted for a massive immigration increase and amnesty -- have been regularly checking your Action Buffet for new actions and who have been responding to the several Fax Alerts that we have sent you.

    Now, it is time to really start turning up the heat again.

    I'm asking each one of you to do at least one of the following TODAY.

    Members of Congress are feeling great pressure from our side, but we must really escalate that pressure if we are to totally block all the immigration increases in the Senate bill. Thus far, the Republican majority in the House of Representatives has stood firm against the national Republican Party leaders and President Bush. We have a lot of hope that the House can hold the line against the amnesty/open borders plan of President Bush, the Republican National Committee and nearly all Senate Democrats. BUT IT WILL HAPPEN ONLY IF ALL OF YOU DO WHAT YOU DID IN APRIL AND MAY.

    There are a lot more of YOU than there used to be.

    Last Saturday, our Activist Membership crossed the 200,000 mark! That means we have almost 100,000 more of you working together in this cause than we had last December when we pressured for toughening amendments to the House-passed H.R. 4437.

    Action No. 1: Send all the faxes that have accumulated on your Action Buffet corkboard.

    We can tell from the number of faxes that have been ordered over the last two weeks that many of you have taken a much-deserved break from activism and not been sending the new faxes we have posted on your customized corkboard.

    Please go now to:

    www.NumbersUSA.com/actionbuffet

    Action No. 2: Tell us when and where your Senators and Representative are holding town hall meetings

    You should see a thumb-tacked note on your corkboard asking for this information. When you click on the note, you will go to a page that will give you good instructions for how to track down this information.

    There is no central place to find out when and where Members of Congress expose themselves to the voters. In fact, they try to keep it as secret as possible because they don't really want to have to hear directly from you.

    That is why the town hall meeting part of our Action Buffet is so very important.

    NumbersUSA doesn't have the staff to dig out potential meetings of all 535 Members of Congress. We MUST rely on you to send us that info on your own Members so we can share with everybody else from your state and District.

    Click on corkboard note to send us town hall meeting information

    Action No. 3: Attend any meeting or event where your Senators or Representative are expected to appear

    Nothing you do will be as powerful as attending in person one of the events where your Members of Congress appears, and then asking a question or making a statement about immigration -- or even holding up a sign giving your view on immigration -- or applauding another voter who expresses your opinion on immigration.

    You all have become great faxers and phoners. But we must have many, many more of you personally confronting the Members of Congress -- especially the ones who have Immigration Grades ranging from F-minus to B.

    See your Members' immigration grades at:

    www.CongressGrades.org

    If you see a thumb-tacked note on your corkboard that announces a meeting of one of your Members of Congress, PLEASE LOOK AT IT -- and make plans to attend.

    Get some friends to go with you to ensure that you will have a cheering section.

    And be sure to use the feedback devices on our page that allow you to easily let us know you are planning to attend and to give us a report when you return.

    Action No. 4: Call some friends or let us know that you plan to visit the local office of your Representative or one of your Senators next week

    These Members of Congress must have voters in their local offices putting the pressure on their staffs to block the Senate amnesty and immigration increases.

    If you are interested in doing this but don't want to go alone, send us an email through our Help Desk form and we will put you in touch with other people in your area who are trying to make a trip.

    PLEASE NOTE: We have a new way of your communicating to us in which you cannot just hit REPLY to our Alerts anymore.

    We are not trying to make things difficult for you. But with 200,000 members, our staff simply has not been able to keep up with your emails. We have hired two interns for the summer to help Jon and Jeremy. But we also must create a better system of categories if we are to provide the level of service we once did.

    So, you should always communicate with us by:

    (a) clicking on the CONTACT US link in the navigation bar at the top of our web pages. That takes you to the HELP FORM link.

    (b) or putting this address in your directory and regularly using it:

    www.numbersusa.com/helpform

    On the Help Form page, you choose the category in which you are writing and send us an email that way.

    Thousands of people have already started using this form in the last month, and it is accelerating our ability to respond.

    ======================================

    Thanks for jumping into this TODAY before you move into your weekend family and recreation activities.

    Then, please, plan to do something Monday and during the rest of the week.

    We will be sending you additional guidance on how best to stop the amnesty -- or at least keep it from passing this month. The longer we can delay this, the better our chances are of winning.

    Thank you,

    -- ROY



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  • jhokimi
    02-02 01:37 PM
    I filed for labor cert in april 28, 2004 and I now have all approved including I-140. My I-485 receipt date is July 3, 2007 in Nebraska. Does teh July 19 date USCIS is showing mean I will get my green card soon. What should I expect moving forward and what type of timeline?

    Thanks guys for all your help.





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  • ilwaiting
    07-01 03:18 PM
    Then looks like they have to review at least 94% of the cases they rejected.

    Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

    Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf



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  • psam
    07-22 01:25 AM
    Hi,

    I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.

    Thanks!

    In case you decide to re-start your GC with another employer, use the approved I-140 to retain your original priority date.





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  • GIDOC
    07-18 01:49 AM
    I would agree that he should consult with an attorney. However, I am not sure if he needs to be in the country to file the 485. I am not sure about the medical though.





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  • xela
    11-19 06:27 PM
    No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.

    Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
    I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
    Fear drives people to find a black sheep but let us not jump in there too and start hating...

    Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:





    pappu
    09-22 01:12 PM
    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637





    stillhowlong
    01-19 05:55 PM
    As far as I know:
    if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.

    Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?