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cal_dood

01-01 02:29 PM

Just came back from one myself, with stops in Belize, Mexico & Grand Cayman. Did not need visas for any of those. We did not even take the passports to the ports and no one was checking them either. All you need is your ship card.

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vin13

03-11 04:28 PM

The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...

You do sound paranoid.

When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.

People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.

All Immigraton Officers will not ask the same questions nor react the same way for similar answers.

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santb1975

02-14 12:03 AM

These are lengthy but...

Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration Voice.org

Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?

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chanduv23

04-27 10:15 AM

Ok, lets ignore or shut this down.

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lazycis

11-30 11:54 AM

It usually takes a long time for them to fix their own mistakes. So do not lose sleep over it. Write to the director of the service center. If that does not help, complain to CIS Ombudsman

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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aadimanav

12-27 07:35 PM

It seems like the December Processing Dates for December 2007 are out, even though my browser is still showing the November version.

Enjoy!

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sac-r-ten

11-10 02:43 PM

i renewed mine in Apr 2006 in Washington DC and they gave it for 10 yrs. My stamped H1B was expiring in Oct 2007.

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roseball

05-14 05:20 PM

Please review my ETA 9089, it must fit EB2.

H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY

I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

Thank you,

What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.

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chanduv23

03-26 06:39 AM

My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.

We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.

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willgetgc2005

11-17 01:23 PM

And you are betting that EB will be in CIR. May or maynot be the case.
CIR may just have H1 B .

Seems bleak.SKILL is the best bet. Politically, they will want CIR to linger on so they can bicker......

if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.

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Libra

09-14 03:38 PM

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deba

02-04 09:25 AM

I am surprised to hear that you were not allowed to board from India. As I mentioned, I have no idea what the procedures are right now. You might run into an official or Airline agent who is not aware of the rules. In my case, I traveled from the US couple of times with AP/Canada PR. First time it was AA/BA and the next time it was AA/Emirates. The checking you will go through will include both immigration and airline staff. If you are transiting thru London Heathrow, you will have to get past a passport check and security screening again to get to your boarding gate. This is where the Airport staff will check your papers. The gate agent will check your papers at the boarding gate and might even issue a different boarding pass. In case you have any doubts, I suggest you take another route or get a visa. The higher cost you might pay by flying Lufthansa for example, will offset the cost of a visa. You don't want to get stranded in any case. Good Luck.

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lecter

January 6th, 2005, 09:05 PM

I see what your getting at...... yep... I do like that too.... still have a lot to learn :D
It was a quick and dirty, you can select a colour and then mask and feather it so there's no halo's around the edges, blah blah...

there's heaps of excellent PS books around....

indulge yourself...

Scott Kelby is a good start....

Rob

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08OCT2008

01-24 10:54 AM

China EB3 received 3,513 visas when India EB3 received only 2856 when both countries are retrogressed. Also Chinese Student Protection Act requires the numbers be reduced for Eb3 category.

EB2-I and EB2-C received approximately 20 K visas in addition to their regular quota. If the same holds true for 2011 will bring the cut off dates to Feb - Mar 2007 for these countries.

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Prashanthi

12-03 05:13 PM

I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.

Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.

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a_yaja

07-20 10:47 AM

I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

Any suggestions from the community out there?

Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

Best to ask your lawyer.

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uma001

05-24 09:10 AM

I am also on same boat. My employer is doing initial process for filing labour. I am not sure he knows about this merit based points system. Do you want me to tell him to wait because of this new law in process or continue filing for PERM.My employer is american company.

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tulips

05-25 08:52 AM

Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?

lynchbaby

03-09 01:08 PM

In similar context I have a few questions...

The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.

gc2005

11-17 01:35 PM

SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.

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