Sunday, June 12, 2011

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  • purgan
    09-13 03:14 PM
    Oh God!

    Waiting for over 5 years for the damn green card and still no end in sight.
    No wonder there's a lot of pent up anger and frustration.:mad:

    Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!





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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?





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  • solaris27
    10-05 10:12 AM
    Apply your H1B extension for 3 years with wife H4 ...this will resolve problem but don't wait .





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  • stemcell
    02-12 02:15 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.

    puzon

    There are a lot of folks who shell out on their own for the GC process.
    Just weigh the risks vs benefits....

    do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you

    OR

    leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.

    The way i look at it dont waste an opportunity, just apply and worse case u have a plan B

    only my 0.02



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  • mirage
    07-05 12:40 PM
    It is even better. Atleast we'll get the media attn..





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  • Adam
    08-19 04:59 PM
    hmm...my attempt



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  • ragnarok
    07-19 08:05 PM
    Sorry, but I am very confused about this.

    My family is from S. Korea.
    My family is trying to obtain a green card.

    Case is Employment Based.

    Case Type: Application to adjust to permanent resident status

    "Adjustment as direct beneficiary of immigrant petition"


    I looked over the papers and the priority date on the sheets is blank.



    If you need more information, please ask me.


    Thank you.





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  • fromnaija
    02-10 10:49 AM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
    You may want to ask your attorney this question.



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  • Murthy
    02-21 07:49 AM
    Any Bank account gets deactivated if there are no transactions for a certain period.Call your Bank and find out.The best thing is always close all accounts before you leave.





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  • ruwanb
    10-16 11:09 AM
    Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....

    PP gives you below,
    1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
    2. give you relaxation. :)
    3. You will get your GC in the end much faster.

    Is that $1000 worth?



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  • ramboom1
    03-28 07:55 AM
    I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
    Virtual,

    That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.

    best,
    Berkeleybee





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  • amitga
    01-25 11:17 AM
    Govt of India will do nothing to stop harrassment of NRIs at Indian Airport (customs) and we are thinking that they will do something here.



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  • JazzByTheBay
    06-20 09:34 PM
    - Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.

    - Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)

    - 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)

    Don't recollect needing any of the above numbers.

    - In our case, it was new passport in lieu of lost passport.

    If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.

    jazz

    Hi ,

    Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?

    And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.

    can u help me in these questions.

    16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)

    21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)

    In the following question in the application form which option do i select for my maiden name change????????
    31).Is this application for the

    -first time passport
    -new passport in replacement to expired/expiring passport
    -lost passport
    -damaged passport

    Hope to get reply from u soon,
    vaishu





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  • kondur_007
    09-24 02:38 PM
    Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.

    Good decision. Wish you best of luck!:)



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  • ajaykk
    08-09 10:44 AM
    FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.

    Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
    A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.

    Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.





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  • retropain
    09-07 03:48 PM
    I guess a lot of folks (including me) have not had the opportunity to file for the 485. And most of the folks who did file 485's have already been approved.



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  • Dhundhun
    08-09 01:13 PM
    The top reason would be-

    "We are the USCIS".

    What say?

    00. It's style - USCIS style.





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  • MerciesOfInjustices
    09-30 12:15 AM
    link is broken
    Here is the complete article, I think -

    The Element of Surprise
    To help combat the terrorism threat, officials at Los Angeles International Airport are introducing a bold new idea into their arsenal: random placement of security checkpoints. Can game theory help keep us safe?
    Web exclusive
    By Andrew Murr
    Newsweek
    Updated: 1:00 p.m. MT Sept 28, 2007
    Sept. 28, 2007 - Security officials at Los Angeles International Airport now have a new weapon in their fight against terrorism: complete, baffling randomness. Anxious to thwart future terror attacks in the early stages while plotters are casing the airport, LAX security patrols have begun using a new software program called ARMOR, NEWSWEEK has learned, to make the placement of security checkpoints completely unpredictable. Now all airport security officials have to do is press a button labeled "Randomize," and they can throw a sort of digital cloak of invisibility over where they place the cops' antiterror checkpoints on any given day.

    Developed by computer scientists at the University of Southern California and believed to be the first program of its kind to be used at an airport, ARMOR aims to thwart terror plots during the early, surveillance phase. Typical plots start when would-be attackers begin watching their target "18 months to four years prior to an attack" to look for security weaknesses, says James Butts, deputy executive director of law enforcement at Los Angeles World Airports, which runs LAX and other city-owned airports. "Part of it is to look for patterns in the deployment of assets. We're trying to block the surveillance cycle" by making the security patrols appear in unpredictable places at unpredictable times.

    Randomness isn't easy. Even when they want to be unpredictable, people follow patterns. "Unconsciously, (security forces) develop predictable patrol behaviors," as Butts says. That's why the new software helps, and the folks at LAX turned to the computer scientists at USC's Viterbi School of Engineering.

    The ARMOR software is the real-world product of an idea that began as an academic question in game theory. USC doctoral student Praveen Paruchuri sought to find a way for one "agent" (or robot or company) to react to an adversary who has perfect information about the agent's decisions. Using artificial intelligence and game theory, Paruchuri wrote a new, fast set of algorithms to randomize the actions of the first agent. But when he took the paper to prestigious AI conferences, nobody would publish the work. The basic reaction: great math, but so what? "They said, 'We don't see a practical use for it'," says Milind Tambe, the USC engineering professor who led the ARMOR team. "It was very disappointing."
    But LAX officials saw things differently. Under a mandate from L.A. Mayor Antonio Villaraigosa to improve airport security, they were on the lookout for new ideas. So when a former FBI agent named Erroll Southers, who works at a USC security program funded by the Department of Homeland Security, told LAX officials about it, they agreed to meet with the USC team in April. Over the summer grad students fed vast amounts of classified data about the airport's facilities into the program, and ARMOR started running in August, according to Butts.
    The nation's fifth-biggest airport is "one of the top targets on the West Coast," says Butts. The "millennium plot" of December 31, 1999, aimed to set off explosives at LAX. Federal agents broke up the plot when they arrested Algerian Ahmed Ressam entering the U.S. from Canada with a car laden with explosives. He was later convicted on terrorism charges. On July 4, 2002, an Egyptian immigrant named Hesham Hadayet opened fire at the El Al counter at LAX, killing two and wounding four.

    Airport officials have at least one new task for the software. Soon ARMOR will begin jumbling the placement of the bomb-sniffing canine patrols too, says Butts. Other potential uses are too secret to talk about. Butts says that the new random placement "makes travelers safer" and even gives them "a greater feeling of police presence" by making the cops appear more numerous. That's good for visitors, and, officials hope, bad for would-be terrorists.

    � 2007 Newsweek, Inc.





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  • GC Struggle
    04-21 09:17 AM
    You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.


    Here is a situation....

    Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.





    FixCIS
    01-24 12:51 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.

    Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.

    Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?





    knnmbd
    03-24 08:59 PM
    Guys!! I have no idea what can bring sense to all of us and unify our voice. America is not our " Fathers or In -Laws " house to give or grant what we want. There is a reason behind why STEM has been established...because there is a shortage for highly skilled and intellectual people. They dont need any software engineers because the golden period of 90s for tech boom is done....now the boom is in BANGALORE!!! So guys jobs have been outsourced and there is no big demand for the techies...and we all know it..DONT WE??? Coming to MBA's i have mentioned this in my earlier post too, there are so many MBAs already here and nstead of mindlessly saying we want MBA's included or we should get EADs for H4 or the next Pope should be an H1B waiting for GC!!!

    We should concentrate on efficency of USCIS, increasing the number of Visas rather than adding clauses based on our whims and fancies. America needs Engineers, Scientists, Mathematicians, Biologists, Professors who will bring about innovation and be involved in research because thats what drives a country. What can we techies contribute other than programming which by the way people in INDIA are doing for less if not any better.

    Just by paying taxes we cant call what they are doing is unjust against human rights ...etc How many of us tried to write or call our own Netas in India against corruption or any other slight problem.When we didnt exercise our right there...this country is not even ours how can we expect them to show pity on us and include the clauses we want. We have to our earn the rights to get permanent residency and for that if one has to get a Masters Degree maybe thats the price.

    A lot of Students come to America on F1 by spending on an average $15000 t0 $20000K and sometimes more and after the downturn when there were no jobs some of these students even paid for a second masters and even Phds without aid when we in california raked in sign in bonuses and all other moolah. Maybe this is the pay back time for people with advanced degrees and lets all accept it gracefully. I know each of us want to continue to live the good old American dream but although the truth is bitter lets be rational with our demands and work towards an educated goal.
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