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  • singhsa3
    08-13 06:15 PM
    Good try though!
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?





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  • sc3
    10-07 05:40 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Do you have an unexpired visa? If so, just traveling out of US and coming back through port-of-entry should do the trick. For best results, try an airline travel. YMMV.





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  • dealsnet
    01-13 01:48 PM
    What you did is illegal. It can affect your H1B and GC.





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  • chanduv23
    12-04 04:32 PM
    Bump



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  • saratswain
    11-06 12:27 PM
    I did not have it either and I had tow A# number for me. This is what my lawyer did

    > Wrote a letter citing ref# to the porting rule
    > Submitted evidence

    I did it through my company attorney. I have full access to her though.

    Please send me a personal msg and I can give templates for the letter, it might help.

    Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.

    Did you use your own attorney?

    --Kiran





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  • baburob2
    05-30 08:16 PM
    make sure you do the transfer to H1B to Company B before Company A revokes the I-140 to be on the safer side and get the 3 year extension. Then you could transfer the old PD on to your new GC you start with company B.



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  • chanduv23
    09-10 06:47 AM
    Post mortem would reveal a lot of information - but I doubt if the officials would ever do that - the very fact that they reversed the bulletin fearing investigation and media publicity is that something "not very good" has been happening and they covering it up by saying backlogs, retrogression, process must be improved, etc...





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  • belmontboy
    10-06 09:35 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.

    Not sure what you mean by 2 months before I had 3 offers??

    if you are talking about jobs, then all you need is one!!



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  • billbuff123
    10-24 03:46 PM
    Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
    Thanks,





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  • supers789
    06-19 09:04 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.



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  • glus
    09-13 12:22 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.

    hello,
    This is a pretty complicated situation. What you should do is to speak to your attorney to "connect" your APPROVED I-140 with currently pending 485 petition. Other than that, as long as your 485 is not DENIED, you remain in period of "Authorized Stay" and all documents issued based on the pending 485 remain valid. Note that EAD and AP are issued based on a pending 485, not based on I140. Still, I highly recommend you speak to a qualified attorney. If you PM me, I can recommend one.

    Good Luck.





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  • gcgonewild
    10-08 04:26 PM
    In US the nice thing about SSA is unemployment and disability security.
    But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.

    In India, the best part is 100% compulsory employer contribution. But
    Indian PF sucks with rising inflation and lack of accountability.

    And we all know how the employers would "Package" their "contribution".

    This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.



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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.





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  • rr_immaculate
    08-05 08:20 AM
    The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf

    My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.



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  • rbharol
    08-22 12:58 AM
    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?





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  • skp71
    07-12 11:33 PM
    What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
    Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.



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  • snathan
    05-17 05:02 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM





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  • SGP
    12-11 06:38 AM
    You are EB2 and should be very happy. Imagine the pain of EB3 guys.

    You will get your greencard in no time.

    If you are depressed and frustrated in EB2, what do you think EB3 is?

    So true !





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  • jsb
    10-30 04:08 PM
    I don't know what amt was enclosed with the application. All I know it is rejected b'couse of Incorrect/No Fee. My concern is it was rejected on Sep 22nd & lawyer might have got the notice of rejection & he missed it or don't know what happened. It is already more than a month now. How much time is there to resend the application.

    Thanks
    -Kiru

    From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.

    Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.





    bec
    11-08 02:22 PM
    and maybe, get a few more puppies for the kids..nice idea. completely support it.





    gimme Green!!
    07-12 02:43 PM
    Lot of times, I scan through the main threads, and only login if I have read some 'secret "for members" only' stuff, or have to post. :)
    A lot of the 1300 could be like that too.

    There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.

    Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.



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