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  • psam
    07-22 01:25 AM
    Hi,

    I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.

    Thanks!

    In case you decide to re-start your GC with another employer, use the approved I-140 to retain your original priority date.





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  • Arvin_H1
    08-18 10:11 PM
    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





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  • googlegc
    04-07 12:56 PM
    You are lucky!!

    Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.





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  • pal351
    05-05 04:39 PM
    :)They might Pal.

    Wow that would be nice.



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  • justin150377
    07-01 02:38 PM
    Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.





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  • kevinkris
    10-10 05:23 PM
    Beware of contractual agreements between your company and the end client. Normally they will have contrac that you will no join the vendor or client directly after the contract is terminated. You will be in legal problems. This is nothing to do with your GC.

    I recommend, since you go GC find a job else where once you are fired by your company.



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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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  • BharatPremi
    08-02 10:06 AM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)

    Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)



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  • lazycis
    01-10 04:23 PM
    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.

    Correct.





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  • popoye
    04-10 03:18 AM
    Yes. the provision is already there. You can covert your RIR or non-RIR cases in BPC to PERM without losing priority date, as long as the case is identical



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  • ChainReaction
    06-18 12:41 PM
    yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.

    and btw, h1b premium processing takes 15 days, so don't panic.


    I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?

    The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.





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  • nk2006
    08-04 10:02 AM
    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.

    Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.

    This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.

    On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.



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  • jonty_11
    07-25 12:30 PM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.
    yes u need all documents...

    Look again..and u will find link to this discussion on the HOME PAGE..

    I will save u some time
    http://immigrationvoice.org/forum/showthread.php?t=5132





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  • arshiya
    04-12 01:16 PM
    Can anyone give me the combination of numbers to dial to speak to an IO for the texas centre?I know its been passed around before but i just cant seem to find it .Thanks a lot in advance..Also do you think its any use me calling rite now,my PD is EB2 India..aug 2003..Applied in june.Is it too soon to try ...just itching to call once:)Thanks again for any help.



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  • Achi Goro
    07-15 02:04 PM
    Need help on which application to withdraw. I did file 1-765 paper application with the Nebraska service center. For a month, I had no receipt from them. So I called them to see if they could get me with the receipt number, but to no avail.

    Having thought that it might have been lost in the mail, I e-filed this time to Texas Center and had the receipt immediately after submission. Today I check my bank account only to be seen that the the check I issued to the Nebraska service center for my first application has been posted.

    Now I'm thinking of which one to withdraw. I'm thinking of keeping the one with the Texas service center since EAD applications are faster processed there than at the Nebraska service center. Do you see any possibility of refund?

    Your response would be very much appreciated.





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  • Chris Rock
    08-13 02:02 AM
    We are open to all possibilities in getting relief (big or small) for the community.
    You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
    Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.

    BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.

    Thanks Pappu for your reply.

    I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...

    Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.

    Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.

    If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.



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  • dixie
    10-01 01:16 PM
    It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
    This is exactly the situation that one of my colleagues finds himself in.





    But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.

    BUt thanks for your clarification. I used to think PERM has solved problems for all.





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  • meridiani.planum
    07-10 09:22 PM
    inline...

    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?

    -- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.


    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?

    yes, he will get a one year extension since his LC is atleast one yaer old.

    3. What if the old employer revokes his I140 now? His GC process is invalid?

    yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

    4. If we leave about GC, Can he do H1 transfer atleast?

    yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
    He will also need a copy of his labor certificate to be able to file a transfer+extension.
    At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved





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  • kondur_007
    08-17 10:47 PM
    This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
    Just my opinion.
    Good Luck.





    titu1972
    08-17 03:31 PM
    Hello everyone,

    Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.

    SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?


    Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
    Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
    Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320

    If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...

    Hope for the best..





    a_yaja
    06-26 03:10 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?
    You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:



    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended�
    16
    17 (1) by striking the parenthetical phrase �(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking �under section 101(a)(15)" and inserting in its
    24 place �under the immigration laws.".