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TO BE OR NO TO BE

02-03 09:13 AM

I have a question.

I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

Is that true? Is there anyone in my situation who has done this porting successfully?

Any help will be greatly appreciate.

Thank you,

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RNGC

11-25 03:03 PM

You are doing great...Please keep up the good work...

also, add item 6 to our wish list..

6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.

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HaveQuestions

04-13 01:43 PM

I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!

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zCool

01-30 01:41 PM

Sent email to all the ones below..
Use following list!

editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
smason@hometownlife.com,editor@gaylordheraldtimes. com,editor@ejourney.com,lpainter@grandhaventribune .com,pulse@grpress.com,gleiva@gtherald.com,dclark@ staffordgroup.com,editor@ilecamera.com,jminnis@gro ssepointenews.com,james.pruitt@hillsdale.net,Jim.H ayden@hollandsentinel.com,frontdesk@countywidenews paper.com,bsargent@mininggazette.com,resorter@voya ger.net,kniebel@hearstnp.com,editor@iosconews.com, marian@ironcountyreporter.com,news@ironmountaindai lynews.com,globenews@chartermi.net,editor@citpat.c om,frontdesk@birchrivergroup.com,rpierce@kalamazoo gazette.com,ksmith@oe.homecomm.net,sentinel@up.net ,dmelot@lsj.com,editor@countypress.com,editor@leel anaunews.com,mstuart@ht.homecomm.net dvarga@hometownlife.com,sbegnoche@ludingtondailyne ws.com,vanhulle@macombdaily.com,editor@marcellusne ws.com,msysop@hdtinfo.com,newsroom@miningjournal.n et,
Chronicle4@aol.com,mdnletters@mdn.net,editor@milan news.com ,mtrecept@ht.comecomm.net,tom@monroenews.com,tcyou ng@nemichigan.com,scoon@michigannewspapers.com,mun isingnews@jamadots.com,gcarlson@muskegonchronicle. com,donna@voicenews.com,jan.griffey@leaderpub.com, daguilar@gannett.com,cstone@ht.homecomm.net,neil.m unro@oakpress.com,editor@oceanaheraldjournal.com,e ditor@ontonagonherald.com,editor1@oscodapress.com, ksmith@oe.homecomm.net,kwint@petoskeynews.com,bkad rich@hometownlife.com,tdwalker@gannett.com,Editor@ piadvance.com,dvarga@hometownlife.com,frontdesk@bi rchrivergroup.com,gwinkelman@hometownlife.com,news @romeoobserver.com,editor@dailytribune.com,kmartin @mn.homecomm.net,letters@thesaginawnews.com,editor @stignacenews.com,editor@salinereporter.com,publis her@allegannews.com,editor@sooeveningnews,sblack@h t.homecomm.net,
wpeal@hometownlife.com,editor@thenewsherald.com ,letters@heraldpalladium.com,newsroom@sturgisjourn al.com,editor@tecumsehherald.com,edit@upnorthpub.c om,letters@record-eagle.com,news@tctimes.com,sarmbruster@hometownlif e.com,editor@troy-somersetgazette.com,joe.warner@advisorsource.com,v ptimes@sbcglobal.net,news@thescngroup.com.,news@tr icityrecord.com,letterstotheeditor@advancenewspape rs.com,lruehlen@hometownlife.com,smason@hometownli fe.com,editor@whitelakebeacon.net,editor@ypsilanti courier.com

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Macaca

01-28 08:19 PM

Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?

He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.

Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).

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rsdang

06-16 11:59 AM

Just a quick update:

All 3 Lofgren bills will be marked up next week in the subcommittee.

IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.


Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.

I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�

Please Please Please pick up that phone and call�

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shaikhshehzadali

07-16 07:16 PM

Lets not count the chickens before they are hatched. Its entirely plausible that if anything favourable comes up, its due to combined efforts. Lets not fight out yet, as if we havent seen anything concrete yet.

cheers


It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....

People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...

I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..

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h1bemployee

02-26 10:41 AM

When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?

10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

I was working on getting those documents, I was in constant touch with my employer...

two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl

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bmoni

12-22 08:42 PM

I thought the same thing when i read it first time ...
see the very next sentence after that statement

once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"


If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.

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pankajkakkar

03-01 06:46 PM

I'd like to join the conference call as well.

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rongha_2000

07-13 01:11 PM

:D you never know 'huge change in 24 hrs is ' actually a stunt to shut us up from the rally:rolleyes:
Yeah right..!! USCIS is so terrified of this rally..!!

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kprgroup

08-03 08:01 AM

Good Morning Everyone.If any one have any input please let me know.I am totally stressed.

Thx
KPR

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thomachan72

04-12 08:28 AM

Hi guys,
I am a new bie but in deep trouble,
My case is like this

Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009

Trying to transfer my H1- to another product company under premium.


I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

Please correct me if this is incorrect ???? gurus please help me,

As I know I dont have any status but denial letter says appeal with in 33 days.

Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

Is it possible to transfer with out appeal or MTR for the current denial ?


Please advice, as I am already running out of time....



thanks
jvs

very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.

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NolaIndian32

09-22 10:30 AM

I completely empathize with you - see my case details in signature :-(


When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".

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vinayskadam

11-24 01:22 PM

@lj_rr:

Thanks a lot for the quick reply, its really helpful.

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delhirocks

07-05 06:36 PM

First off, thanks for the response guys.

So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?

My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.

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chanduv23

06-08 06:37 AM

No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.

IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...

For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.

And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.

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pointlesswait

05-05 10:08 AM

absurd..!!

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GCBy3000

09-20 08:52 AM

This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.

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pcs

01-20 10:09 AM

Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????

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spicy_guy

04-25 01:18 PM

we live in Chicagoland. PM me if you would like to talk.

Sent a PM. Can you pls check?

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