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  • Desy
    10-07 02:39 PM
    Hi Friends,

    I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.

    When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..

    Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.

    1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
    2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
    3. EAD approved
    4. Travel documents approved
    5. I am on H1 6th year extension.
    6. Transition employee.

    my question is

    1 Can my green card status remains the same and continue the process with the new "y" company ?

    2.Do "y" company has to start processing labour/140 again ??

    3.Is it doable that moving everything from "x" to "y" including GC processings ??

    Thanks in advance...Kindly help me out in this situation like how to proceed from here

    With sincere regards...

    Desy





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  • virald
    08-22 09:53 AM
    It seems like except for one or two people here, individuals who have applied directly at TSC on 2nd July are getting their checks cashed/receipts this week.

    It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.

    Do you mean they would work on transfer cases first? My undrestanding is, it is based on the date received!:confused:





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  • ram_ram
    09-29 08:00 PM
    May2 2006.eb2 still waiting





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  • yabadaba
    10-19 12:56 PM
    It was a disclaimer. I never said it was bad for you. But there have been people estimating it will still take 2-3 yrs for eb3 to reach 2005 ....is that true????.. i have no idea since the data cant be broken down at PERM level.

    I just wanted to underscore that my promising feeling might not seem promising to someone else and that I under stand what they r going thru...nothing more than that



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  • yibornindia
    11-25 03:48 PM
    any other person who has dealt with or heard of this lawfirm?

    I heard good words for this attorney, but I am not his client.





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  • qesehmk
    05-11 04:54 PM
    Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
    Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?

    Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
    Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
    Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
    Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
    Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?

    Thanks.



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  • wandmaker
    11-19 01:30 PM
    It takes about 2 weeks get the RFE. It contains 2+ pages, first page is cover letter and second page+ will contain RFE details. NSC is know to issuing RFE on ability to pay, education (if 3 years degree) and detailed professional experience letters.





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  • namm80
    11-19 10:55 PM
    dpp: did you open a SR or contact USCIS that you think might have expedited your FP? Also, what was the timeline of your case Xfr from CSC back to NSC? Also, is your FP scheduled at an ASC in CA Bay area? Pleasr provide more information.

    I have got FP appt notice 7 days back. I am July 2nd filer, filed at NSC, but transferred to CSC and then back to NSC. Also, got AP and EAD approved long time back from CSC.



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  • Ramba
    11-19 06:59 PM
    Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,

    A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.

    (Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)

    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    http://www.onetcodeconnector.org/

    Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).





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  • sunny26
    11-19 02:32 PM
    Hi
    U have 4 yrs degree.Ability to pay not an issue.No exp needed.This 3 are major RFE.So nothing fit for u.So maybe some minor issue.So relax.one of my friend got RFE 2weeks back but still didnt receive Actual RFE.his RD is nov15th


    or Can the RFE juz verify with my employer whether the position is still available to me or not ??



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  • Meenal
    09-19 08:32 AM
    I am proud of IV!
    Yesterday, I felt proud to be part of a crowd that is so dedicated, selfless, hardworking, fearless, educated, discplined, understanding!!
    Each one of you were an inspiration. I cannot thank you guys enough for all your effort.
    Logic Life's speech was awesome. I wish he can post it here too, for people who missed it. Vandana....you are the rock star we need!
    Franklin is full of energy!!!!!!!
    People were thrilled to finally see/meet Aman. He deserves the respect he gets from IV members!
    I could go on and on......I have so much to say! Will continue the story in my next post.

    Thank you all, for helping me out with everything. We were like a family...looking out for each other. I really felt sad when I was coming back from D.C. Is there a way, all of us can stay there in the White House :)

    Thanks once again,
    Meenal





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  • bomber
    08-16 03:47 PM
    I think my original question still remains unanswered.

    1. I do not have my I-485 receipt notice(I do have the numbers though)
    2. I do not have EAD/AP(Employer did not let us apply)
    3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.

    Can I invoke Ac21 somehow?



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  • pappu
    05-01 11:56 AM
    During the Fox news channel interview of Aman Kapoor, I heard the issue of Drivers licence renewal mentioned. I have heard that people who have one year or less than one year on their work permit have difficulty getting renewals.

    Is that true and if yes, is it in every state?
    Has IV mentioned this issue with the senetors etc as part of the backlog and retrogression issue?

    Pls. post more details if you know. It would help us to be more aware and educated about this issue so that we can address this with more details when we contact other people and our employers.





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  • GCAmigo
    01-24 12:51 PM
    contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..



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  • Munna Bhai
    10-16 04:22 PM
    Unless you can play some smart games using an attorney, you cannot use an EAD to change job classifications as long as you are the primary applicant.

    Wrong,you can use EAD for any job but when it comes to GC interview, you need to show that you have a job waiting based on LC.





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  • BEC_fog
    07-08 03:59 PM
    I just finished listening to the interview and it went great. Jay Pradhan did a nice explanation of the problems. Also the rebuttal to the low wages/job stealing issue was good.



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  • Onesimus
    03-31 05:27 AM
    OT : Haha, its hard to win a competition without your friends supporting you :) I'll congratulate the winners in advance :D





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  • TeddyKoochu
    05-12 10:03 AM
    Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
    Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?

    Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
    Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
    Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
    Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
    Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?

    Thnks for your trend analysis, I believe you are correct.





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  • kumarc123
    09-22 02:01 PM
    Thanks Paskal!

    This is exactly the kind of communication we need from the core.

    I concur with you all the way, if you look at this country's political history, all major bills passed through the election year. We have hope, this bill will pass. So please lets all remain positive and strive our efforts for our goals.

    Also with the PM of INDIA coming this week and the talks on 123 agreement, I am positive something good is coming to all of us. This agreement will be the first important treaty between US & India.


    Good luck to all IV members, thanks for all your contribution and help so for, lets keep positivity and our efforts aligned.


    Thanks





    cheg
    08-23 04:55 PM
    Hi. I don't know the answer to your first question but from what's I've read, anyone who is adjusting status needs to do fingerprinting and it's done every year until greencard is approved. For your second question, a person needs to fill out I-9 form (http://www.uscis.gov/files/form/i-9.pdf) through employer to activate EAD. For your third question, you can search the threads for late june filers. You might find the answer in all their replies there. Congratulations for getting your EAD. We're still waiting for ours. :confused:

    We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-

    -Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
    -How does one activate his/her EAD?
    -Have any other late june filers already got their EAD?

    Thanks
    Sheetal





    raydhan
    06-16 02:58 PM
    eb3_nepa,
    One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.

    thanks
    sri

    Nobody from IV has prevented people from other countries from speaking up. On the contrary, multinationalism is only encouraged to give a global face to this issue. But, I don't see anyone from outside India/China bolstering IV's efforts. Why don't they step up and join the core team?



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