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  • snhn
    12-04 10:02 AM
    with this type of money and job, you should have filed for EB2.. why EB3




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  • axp817
    02-03 01:49 PM
    Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

    It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

    I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

    Just my 2 cents,




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  • logiclife
    06-22 12:52 PM
    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?

    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?




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  • kirupa
    03-05 11:10 PM
    No problem Ames. I have split your entry into its own thread.

    :)



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  • Blog Feeds
    09-29 08:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjU39oPQ3zCsvzYQrhFE-0JU3uatuiP7m8wD7uG0FjXjnnxwEKmcyaEAMThwbgOaIsQH2uRKGv_o4hslMhjm7f-aVUGdg93SiE7IvRpkJ3wzo0I3asKP7UmHcVpYJQq8LOg56BOur-qzg8/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjU39oPQ3zCsvzYQrhFE-0JU3uatuiP7m8wD7uG0FjXjnnxwEKmcyaEAMThwbgOaIsQH2uRKGv_o4hslMhjm7f-aVUGdg93SiE7IvRpkJ3wzo0I3asKP7UmHcVpYJQq8LOg56BOur-qzg8/s1600-h/RFE+FROM+HELL.JPG)
    Dear Director Mayorkas:

    Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.

    First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!

    Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.

    Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?


    I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.


    You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.


    So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.



    With all sincerity, I wish you the best of luck in your new position.






    https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)




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  • gc_buddy
    01-08 07:36 PM
    He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.

    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help



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  • ebizash
    05-27 01:43 PM
    I eFiled 4/14, docs sent 4/18, last LUD 4/26..... no activity since then...




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  • vinabath
    05-15 01:04 PM
    What a coincidence.....

    1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
    2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

    I do not know what to do, I am thinking couple of situations.


    I. File 485 with EB3.

    Advantages:
    Low Salary Requirements,
    Generic Job Duties,
    Easy to use AC21,
    Already approved I-140

    Disadvantages:
    Possible retrogression,
    So more wait before realizing the dream of actual freedom.

    II. File 485 with EB2 labor (concurrent filing)

    Advantages:
    Less chance of retrogression.
    Quicker path to GC.

    Disadvantages:
    I-140 denial chances
    more money to spend for I-140 and PP
    Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


    Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.



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  • wonderlust
    10-04 11:50 PM
    I believe it is random and chaotic. WORSE, we have been powerless to control or improve it. That is why we need to work together and make our voice heard!

    Wonderlust


    I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
    NJOY !!!




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  • senthil1
    04-15 01:31 PM
    US Citizenship is valuable. Never ever think of cancelling it any time. There are plenty of jobs available in USA for skilled programmers. Only thing is patience and perseverence in your job hunt.I do not want to comment your removal of job as there might be multiple reasons not necessarily skill. There are some jobs which require US Citizenship those will have less compettion. Also you need train yourself for the skills which are hot in the market. Job hunting is always challenging even if you have excellent skills and market is good.

    In India also US citizenship is valuable as employers will give some preference as you can travel USA and some other countries easily.

    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.


    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby



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  • kaizersoze
    03-21 01:48 PM
    Folks,

    I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
    We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)


    The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen

    List of the senators and the congressmen
    http://www.visi.com/juan/congress/cg...e=ctc&state=nj

    To find your local representative
    http://www.house.gov/writerep/


    This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.

    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.

    Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:


    The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36

    We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.

    C'mon people, now is the time to make a difference. lets make this happen !!




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  • mmk123
    09-13 11:40 AM
    There is NO Eb1/Eb2/Eb3 divide for our cause... the issue is unfair country based quota for highly skilled immigrants. I have many friends who are rotting in EB3 even though they qualify for EB2 (due to company policies).. one of Ivy League PhD graduates I know is rotting in EB2 (C).. so these are thin lines..

    Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.

    Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!

    one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.



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  • jasmin45
    02-26 10:53 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

    First of all you have an "If" in your question. So I belive this is for future plan.
    Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?

    I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.




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  • GCNirvana007
    04-08 05:23 PM
    This is unreal !!.

    I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.

    By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.

    Reddog, GCPool - hats off to you guys staying sane over here.

    Good luck everybody.



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  • vallabhu
    01-02 10:02 AM
    Hi Guru's

    My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.

    RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.

    But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.


    But surprised to see this denial letter.


    My attorney is confident that we would win the case if we appeal against the decision

    what are my alternatives now and how long is it taking now to process this appeal.




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  • nareshg
    10-05 06:01 PM
    they responded today to USCIS, nothing much here I guess...

    one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.



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  • meridiani.planum
    06-15 11:10 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




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  • 90210
    05-11 01:54 PM
    Hello 90210,

    If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

    I talked to Murthy about this couple of months ago.


    Are you sure? There is a lot of confusion.

    And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?

    Can some Guru please make this clear?




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  • rongha_2000
    10-02 11:23 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?


    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.




    immi2006
    10-09 07:11 PM
    Otherwise it is a time waste...

    I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.




    ahaadi
    01-08 01:46 PM
    You can get the passport the same day using tatkaal service but you need to spend the whole day in consulate or you can get it in 3 days.

    I got it from NY consulate. Also tatkaal service charges 140 bucks and regular one is 40 bucks.

    I got it in a week, I got it from SF Consulate.



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