Carlau
06-19 09:20 PM
Sats123
May be you are able to find here your job description http://www.flcdatacenter.com/CasePerm.aspx - select the year in which your labor was filed and download the database, please let me know.
May be you are able to find here your job description http://www.flcdatacenter.com/CasePerm.aspx - select the year in which your labor was filed and download the database, please let me know.
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Ram_C
11-19 02:05 PM
I was also asked to appear for FP in my attorney's location. Instead, I went to the nearest ASC with my spouse whose FP was in the correct location ahead of my date. I successfully got my FP done. There is a thread "FP in wrong city" where other people had similar issues.
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
Thanks, I'll try that :)
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
Thanks, I'll try that :)
tuhin
08-23 05:04 PM
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
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wellwishergc
04-10 07:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
more...
srini1976
07-06 03:31 PM
Thanks IV & Dr Bahrainwala for your efforts.
Go IV GO !!!!!!!!!
Go IV GO !!!!!!!!!
optimystic
10-29 09:08 PM
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
more...
abhishek101
11-02 11:33 PM
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
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BharatPremi
09-19 03:54 PM
Your analogies are the best :)
Yes, That was the only way I could think of dealing with dumbheads.
Yes, That was the only way I could think of dealing with dumbheads.
more...
Kitiara
02-03 05:11 AM
See, I <i>told</i> you all that this would be between Eilsoe and Soul. :)
You two guys have both come up with amazing entries. It's near on impossible to choose between them, I love them both. :love:
I'm soooo jealous of your skills.
And thank you to the person that had the courage / stupidity (delete as appropriate) to cast their vote for me. :cyborg:
You two guys have both come up with amazing entries. It's near on impossible to choose between them, I love them both. :love:
I'm soooo jealous of your skills.
And thank you to the person that had the courage / stupidity (delete as appropriate) to cast their vote for me. :cyborg:
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grupak
11-19 01:59 PM
I was also asked to appear for FP in my attorney's location. Instead, I went to the nearest ASC with my spouse whose FP was in the correct location ahead of my date. I successfully got my FP done. There is a thread "FP in wrong city" where other people had similar issues.
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
more...
sapota
12-27 05:06 PM
We think about outsourcing because it affects engineers the most. especially IT/software. Remember software is still a tool. What you do with the software is more important. The process of creating software is just like making any other tool (every problem is hard to solve only for the first time).
Western countries started the industrial revolution (manufacturing/factories). Now China is leading in manufacturing. IT revolution, again was started in the west. In 20 years, it is possible that very few lines of original software is written in the US. Its not that US does not have smart people who cannot be trained as engineers but more like the smart people in US prefer other occupations as compared to engineering/software.
I imagine the computer/internet revolution to be similar to the air travel revolution. Both made the world a smaller place. A few decades ago, being a pilot was a glamorous, high paying job. While pilots may still be reasonably paid, they are now perceived just like taxi drivers (with all due respect to both professions). What is to say how IT engineers are perceived as in a few decades from now. 13 years ago, a maths professor who taught us a class said "Before the computer was invented, we had a profession called typists; now they are called computer scientists".
US education system : A few months ago, there was an article that debunked the myth that 'US education is falling behind other countries'. The US education system may be a little pressured (especially in places with more population - but certainly not falling behind other countries. Just count the number of colleges in the US.
I am not just being brouhaha about the US. But just putting things in a different perspective.
H1B, GC, legal immigration are just sub audible noise in the overall scheme of things. Yes. it affects us a great deal because we cannot live unfettered lives.
On the other hand, India & China ( & Brazil/latin america & Russia) are starting to rise back (yes, each country had its own golden past - remember Columbus was trying to find a route to India when he discovered America. Marco Polo is still remembered for discovering the silk route to China....) These countries got left out of the renaissance, industrial revolution developments that gave western europe and north america an edge over the 3rd world countries.
Growth in the above mentioned countries will result in increased demand for goods and services that will benefit the overall global economy.
IMO
Western countries started the industrial revolution (manufacturing/factories). Now China is leading in manufacturing. IT revolution, again was started in the west. In 20 years, it is possible that very few lines of original software is written in the US. Its not that US does not have smart people who cannot be trained as engineers but more like the smart people in US prefer other occupations as compared to engineering/software.
I imagine the computer/internet revolution to be similar to the air travel revolution. Both made the world a smaller place. A few decades ago, being a pilot was a glamorous, high paying job. While pilots may still be reasonably paid, they are now perceived just like taxi drivers (with all due respect to both professions). What is to say how IT engineers are perceived as in a few decades from now. 13 years ago, a maths professor who taught us a class said "Before the computer was invented, we had a profession called typists; now they are called computer scientists".
US education system : A few months ago, there was an article that debunked the myth that 'US education is falling behind other countries'. The US education system may be a little pressured (especially in places with more population - but certainly not falling behind other countries. Just count the number of colleges in the US.
I am not just being brouhaha about the US. But just putting things in a different perspective.
H1B, GC, legal immigration are just sub audible noise in the overall scheme of things. Yes. it affects us a great deal because we cannot live unfettered lives.
On the other hand, India & China ( & Brazil/latin america & Russia) are starting to rise back (yes, each country had its own golden past - remember Columbus was trying to find a route to India when he discovered America. Marco Polo is still remembered for discovering the silk route to China....) These countries got left out of the renaissance, industrial revolution developments that gave western europe and north america an edge over the 3rd world countries.
Growth in the above mentioned countries will result in increased demand for goods and services that will benefit the overall global economy.
IMO
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desi3933
11-03 01:17 PM
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
Thank you so much for your kind words.
.
Big fan of yours!!!
Thank you so much for your kind words.
.
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lost
11-11 09:09 AM
Will it be on Friday?
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ronhira
07-08 06:13 PM
That might be customary in your Mexico. :D
i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.
hey.... how would you know?
i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.
hey.... how would you know?
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keshtwo
08-09 08:21 PM
Yeah! DOL & USCIS tightening screws everywhere..
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vrbest
10-03 04:35 PM
Got my EAD Card. My wife's approved on Oct 1st - My son's approved today.
Took close to 90 days with NSC.
Took close to 90 days with NSC.
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abhidos37
08-22 12:44 PM
Thanks. Atleast my employer paid the fees. Now hoping that the refile will work.
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hsingh82
04-13 04:04 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
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howzatt
07-06 02:15 PM
We need someone to youtube this and help with the media campaign!
techysingh
01-17 04:24 PM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
can you send me a copy of what you wrote so i can also do the same!
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
can you send me a copy of what you wrote so i can also do the same!
sledge_hammer
02-27 05:41 PM
Kid? Pot calling the kettle black?
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.
Again, if you don't get the difference between the tone in a professional response against a personal opinion based lash-back then thats your problem not mine :)
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.
Again, if you don't get the difference between the tone in a professional response against a personal opinion based lash-back then thats your problem not mine :)
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