Wednesday, June 8, 2011

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  • houston2005
    08-21 11:26 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Congrats.

    Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.




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  • bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.




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  • AVAKIL10
    08-03 08:40 AM
    It does look confusing though..Odd.




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  • kondur_007
    08-11 09:47 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.

    This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.

    It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.



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  • rheoretro
    09-25 05:20 PM
    This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
    As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.

    I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.

    And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!




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  • AVAKIL10
    08-03 08:34 AM
    Looks like SR request denial and not EAD denial to me..Don't worry.



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  • paskal
    12-27 12:08 AM
    Thank you all for participating in the call
    the attendance was around 20 members
    Thanks to our friends from MA/GA for joining the midwesterners
    and thanks much to Ashish from the core group for his assistance and for briefing us.

    We are set for a follow up call at 10pm CST tomorrow 12/27, call details are the same, those who could not make it today are welcome to join in as well.

    Reminder:
    Please send your contact details to me so we can create an effective group communication method.




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  • Munna Bhai
    11-16 02:02 PM
    what is the difference between visa bulletin and processing dates, how they are related.

    Thanks,



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  • ishwarmahajan@yahoo.com
    09-24 05:37 PM
    I am hoping you are going to change job in the same profession. What iti means is if you are working on technical side in IT, you are going to continue on technical side no matter what your designation is. I feel that USCIS has clear guidlines on this. please refer to the link below:

    http://stats.bls.gov/soc/socguide.htm

    I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.

    "Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.


    First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
    :):):)

    Thanks,
    Ishwar




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  • Ramg
    04-09 09:54 PM
    Dear All,

    We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.

    Please clarify:

    1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
    2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
    3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)

    I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.

    Please help me clarify these questions.

    Thank you,
    Ramg



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  • kirupa
    01-06 12:57 PM
    "Conflict of Interest" is my middle name...s.

    :P




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  • kicca
    01-29 10:07 AM
    ^^^



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  • BharatPremi
    03-17 10:26 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.


    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.




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  • Sai_07
    06-27 10:31 PM
    My I-140 was approved in Dec 2006 and still working with sponsoring company.

    Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.

    Here are the exact words from letter:

    In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.

    Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?

    Appreciate your help.



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  • chanduv23
    09-30 09:45 AM
    :( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."

    I have used AC21 to change jobs but I am still on H1....Now i am worried.

    Don't worry , it is not a denial




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  • gvenkat
    02-23 12:00 AM
    2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....



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  • chris
    02-05 09:02 PM
    One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)

    Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p

    Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:

    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.




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  • pappu
    04-19 11:06 AM
    Janakp, you are now probably on their crosshairs. Their members on our site will hate you for spying!!:D




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  • gcpain
    06-25 11:10 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.




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    04-22 12:08 AM
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    Roger Binny
    07-25 04:42 PM
    No idea what to say, yes they have all rights but doesn't this never ends?

    Or Are these cases rare ?

    Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???

    Oh my god too much of reality.



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