Thursday, June 9, 2011

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  • ArkBird
    10-28 02:05 AM
    If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.

    HTH



    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.





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  • isthereawayout
    02-22 01:47 PM
    snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.

    I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.

    Thanks





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  • setpit_gc
    08-15 11:22 PM
    Thanks for the replies. I am going to consult with an Attorney.

    I wanted to get other valuable opinions.





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  • IAF
    08-16 08:24 PM
    Be ready for audit when you go for Citizenship or extension of GC. Make sure you have everything documented and can prove to USCIS, in case there is RFI.



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  • viveksri
    02-28 02:13 AM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS





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  • geve
    11-08 01:45 PM
    Austin, Houstin and Dalls not less than 10000 H1B candiadates. Atleaset target for 1000 (10%).

    Come on guys.



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  • royus77
    06-25 10:19 PM
    Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?

    I got notification for the same Receipt number which i had( Applied regular processing on May 15 and bumped to PP on 06/20 .Infact USICS notification came 2 days after my attroney received mail for PP

    Receipt Number: EAC0716050372

    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Request for Premium Processing

    Your Request for Premium Processing Service for your I129 PETITION FOR
    A NONIMMIGRANT WORKER was received on June 22, 2007. We mailed you a
    receipt with information about processing. We will mail you a decision as
    soon as processing is complete You can use our processing dates to
    estimate when this case will be done. Follow the link below for current
    processing dates.





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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • purgan
    03-14 01:28 AM
    So now we have it....an official National panel has declared it.

    Immigration restrictionists are US schools have been doing just fine and so the country doesn't need scientists and engineers from abroad. Well, this just proves they have been llying all along...just because they don't like immigrants and don't want any competiton.

    http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR2008031301492_pf.html
    ===
    Panel Urges Schools to Emphasize Core Math Skills

    By Maria Glod
    Washington Post Staff Writer
    Friday, March 14, 2008; A06


    A presidential panel declared math education in the United States "broken" yesterday and called on schools to focus on ensuring that children master fundamental skills that provide the underpinnings for success in higher math and, ultimately, in high-tech jobs.[/B]
    The National Mathematics Advisory Panel convened in April 2006 to address concerns that many students lack the know-how to become engineers and scientists. The 24-member panel of mathematicians, education experts and psychologists said yesterday that students need a deeper understanding of basic skills, including fluency with whole numbers and fractions. It urged more training and support for teachers and called on researchers to find ways to combat "mathematics anxiety."

    Larry R. Faulkner, chairman of the panel and former president of the University of Texas at Austin, [B]said the country needs to make changes to stay competitive in an increasingly global economy. He noted that many U.S. companies draw skilled workers from overseas, a pool that he said is drying as opportunities abroad improve.
    "Math education isn't just about a school subject," Faulkner said as the panel released its final report at Fairfax County's Longfellow Middle School. "It's fundamentally about the chances that real people all across this country will have in life. And it's about the well-being and safety of the nation."

    Scores from the 2006 Program for International Student Assessment showed 15-year-olds in the United States trailed peers from 23 industrialized countries in math.

    The panel stressed that many students are simply befuddled by fractions. And one panel member noted that a recent survey of middle school students found that 84 percent would rather clean their room or take out the garbage than tackle math homework.

    President Bush charged the panel with examining ways to ensure that students have a strong grasp of the building blocks needed for algebra, a gateway to higher math. Students who complete Algebra II are more likely to attend and graduate from college.

    Education Secretary Margaret Spellings said the report's release was a "seminal moment" in math education and urged teachers, school boards, colleges, interest groups and parents to use it as a guidepost to refine instruction.

    "I want every stakeholder in the equation of education to look at all of this and act on it," Spellings said. "I think there are very actionable steps right now. Teachers, starting today, can pay more attention to fractions."

    The panel concluded that the math curricula and textbooks in elementary and middle schools typically cover too many topics without enough depth. It noted that countries in which children do best at math, including Singapore and Japan, emphasize core topics.

    The panel identified benchmark skills that students need for a strong math foundation -- for example, that students be able to add and subtract whole numbers by the end of third grade. By the time students leave fifth grade, the panel said, they should be able to add and subtract fractions and decimals.

    "I think the main message of this report is simple -- content is king," said Tom Loveless, panel member and director of the Brown Center on Education Policy at the Brookings Institution.

    It's not just lessons that need to change, the panel said, but also the nation's attitudes about math. In a culture in which parents say they "weren't good at math either," children assume they don't have the talent for numbers. The panel said that research shows that practice pays off and that adults need to give students that message.

    The panel also weighed in on the long-running battle between traditionalists, who favor a focus on memorization and drilling, and those who prefer stressing concepts and letting students make connections on their own. Students need to know math facts and have automatic recall, Faulkner said, but they also need "some element of discovery."

    "I think this panel has gradually evolved to the view that most members believe that most effective teachers draw from both philosophies at different times," he said.

    The panel met a dozen times, heard testimony from groups and individuals and reviewed thousands of research papers. The panel said that it is "self-evident" that teachers need to have strong math skills but that more research must be done to find the best ways to prepare them.

    Local educators, business leaders and interest groups were delving into the report yesterday afternoon. School officials in Montgomery and Fairfax counties said the recommendations mirror efforts underway to help more children successfully complete an algebra course by the end of eighth grade.

    Roy Romer, former governor of Colorado and chairman of Strong American Schools, said the report illustrates a need for states to voluntarily agree on standards that are "uniform for all of America and benchmarked against the rest of the world." The nonpartisan group seeks to make education a priority in the 2008 presidential election.

    "We include too much, we're much too broad and we don't go deep enough," said Romer, who also served as Los Angeles school superintendent. "We put out these textbooks with 750 pages, and if you're a fourth-grade teacher, you can't teach 750 pages. You have to be selective."





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  • needhelp!
    01-28 05:34 PM
    How can we be sure unless we ask them?

    Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

    Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.



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  • hotscud21
    10-31 09:24 AM
    I am planning to shift employers and I have a question:

    Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?





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  • skv
    07-05 03:57 PM
    It's unfortunate, but that's the reality. History says that "British took advantage of divide and rule concept in India during their rule." If the empherors/kings/people were united, that wouldn't have possible for the British.

    I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)


    Sorry for the typo, I was typing really fast. I meant "I know there are"



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  • hnordberg
    October 22nd, 2005, 04:37 PM
    I'm interested in a local (SF Bay Area) meet...

    Cheers
    - Henrik





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  • shruthii_1210@yahoo.com
    09-30 12:07 PM
    Hi,
    I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).

    Now i have the following questions.

    1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?

    2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?

    3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?

    4) I cannot get the LC copy also from my employer if at all i want ti use ac21?

    Advance Thanks for your replies ...

    Thanks
    karthik



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  • nixstor
    02-09 07:17 PM
    this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.

    Yes, I feel that HLG knows what they are talking about and are not just blaring horns to get some publicity. It would be a big dent for us if they pull this off.
    Damn it! I just hate the whole thing.





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  • smartboy75
    10-01 06:11 PM
    Anybody ..any replies ??



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  • setpit_gc
    06-03 01:56 PM
    TSC received my RFE response on 05/27/2009.

    I got 1st LUD on 05/31/2009 with message change.
    I got 2 soft lud on 06/02/2009 and 06/03/2009.





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  • Yeldarb
    05-14 07:13 PM
    www.dbdsqd.com - a very simple site for a soldier of fortune clan, the bevel style was used at the client's request. Utilizes php and text files for the shoutbox. Since this site isn't really "dynamic" (no admin section), it only cost the client $50 plus $20 for a year of hosting.





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  • katneni2
    08-03 12:37 PM
    Thank you very much Karthik.Your email gave me lot of strength.I will keep posted.





    mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.





    HumHongeKamiyab
    03-16 11:32 AM
    I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

    Does that affect my GC status in any way?

    If this topic has been discussed earler, pl. point me to a correct thread.

    Thanks,



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