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  • Green06
    08-15 01:39 PM
    Guys,

    What is the NSC customer service number. I could not find it on the USCIS web site.

    Regards





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  • jsb
    05-07 02:26 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random

    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.





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  • rkgc
    11-17 11:33 AM
    I think I know what the company means, I have been in the position. My previous company went through lot of layoffs and they are still. But the point here is, they are strictly following the lawyers words, i.e. when a company layoffs and if they are planning to make your friend permanent i.e. start his green card process, then technically during layoffs if the skill-set matches they should offer your friends job to the supposed to be layed off people, now if the company went thru layoffs in the last 6 months, then they should reach the previously layed off people with matching skill-set and offer them the positoin. Basically the company is getting rid of some bad blood also during layoffs so they don't really want to offer them any positoin, so they would rather wait and start GC process for your friend 6 months from the last layoff. The above reply I got from my previous company lawyer (so don't quote me on this) is similar to what your friend got.

    Hope this helps...

    ~rk





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  • belmontboy
    01-24 04:32 PM
    In 2010 - around 20K visa is issued in EB2 and around 3K in EB3...

    Does anyone know the exact demands for each year from 2005 ,2006,2007,2008, 2009 ,2010,2011 -- then it will give clear picture .

    Yes.

    Thread titled "Eb2 calculations..." has the information you need.



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  • singhsa3
    11-15 09:56 AM
    As I've said earlier. IV is you, you are IV. If you are in the similar situation as we are and by expressing your desire to do something about it, you automatically become a member of IV.

    But we do use this yahoo group http://groups.yahoo.com/group/immigrationvoiceny/
    to communicate with our members. So please sign up...

    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks





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  • EB-VoiceImmigration
    02-24 08:50 PM
    Moving to the Faster Lane : Changing EB3 to EB2

    We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.

    EB3 Cannot Simply be Changed to EB2

    Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.

    New EB2 Case Filing Based on Minimum Job Requirements

    It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.

    New EB2 Filing Permissible with Job Change

    It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.

    Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.

    EB2 Filing can be with Existing or New Employer

    As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.

    It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.

    Transfer of Earlier Priority Date to New Case Filing

    The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.

    There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.

    Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?

    Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.

    A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.

    At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.

    Conclusion

    At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved



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  • beemboy
    10-31 10:33 AM
    Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?

    Did anyone go through this? Please let me know.





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  • Hinglish
    01-08 12:25 AM
    I rue for the big "premium" company that has hired a "premium" MBA graduate that cracks under pressure. A Satyam waiting to happen I guess ... best of luck

    I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
    I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
    Now do I make some sense?



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  • knnmbd
    08-29 02:25 PM
    This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it’s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.





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  • binadh
    07-09 02:24 PM
    OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

    Don't let your emotions cloud your judgment.



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  • Apollon
    06-29 06:53 PM
    I've heard 2 contradicting opinions on this matter, so trying to get to the truth.
    My PERM case is about to be filed, let's assume for argument sake the job description
    requires Bachelors degree + 5 years of experience.
    I have B. Sc. degree, the requirements completed in April 2004.
    I've been with the current sponsor, who is applying for my PERM labor case for 15 months,
    and without those 15 months I don't have 5 years post graduation experience, required to qualify for EB2 track ( I do have close to 10 years of experience in the field, since I worked during college and even before that, but I was told only post graduation experience counts)
    If counting these 15 months with my current H1 sponsor I do have over 5 years of post graduation experience.
    Two opinions I've heard:
    1. You can only use the current sponsor experience, if the position, you're getting the PERM certification for is at least 50% different in it's job duties from the experience, prior to joining this sponsor.
    2. There is no restriction - current sponsor experience counts for EB2 post grad. 5 years.

    I'm not interested in opinions or speculations please - only what the law says. If anyone has that information - response is greatly appreciated - my PERM case is about to be filed and I don't my application to get rejected down the road because of not satisfying the EB2 track requirements.





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  • sanjeev_2004
    10-04 02:03 PM
    Saeed,
    I 140 can processed through premioum process from last week.
    Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.

    sanjeev



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  • txh1b
    08-18 02:48 PM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?

    It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.

    Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.





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  • pitha
    01-15 05:43 PM
    not to be cynical but what sort of "change" is on the way with CIR, if you are "illegal" sure some good change is on the way, but if you are a legal eb immigrant not sure what is in store for us, it is not necessary to be good with points based nonsense etc.

    For sure visa recapture independent of CIR is the best possible outcome.

    Anyway lets call lofgren and ask for visa recapture. I have already called and asked, please all of you do the same. It will give her confidence that there is support for it if all of us call.


    Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)



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  • sac-r-ten
    03-22 11:03 AM
    Thanks Sac-e-ten,
    My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...

    Yes, i think you have to appeal through a lawyer.

    1. BTW what questions were asked to you during interview?

    2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?

    If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.

    Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.

    Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.

    Hope things get resolved for you.Good luck.





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  • soneC
    06-15 01:10 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely



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  • vxg
    07-25 05:48 PM
    So, did you have to redo PERM for the manager's position or did your older PERM fly?
    No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.





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  • rajuram
    02-10 01:17 AM
    You can get an emergency appointment if you are returning H1b worker.





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  • Libra
    09-15 10:39 PM
    I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........





    avi
    01-10 09:00 PM
    Me (and two of my colleagues are) in the same boat!
    July first week filer -
    Receitps /EAD/AP received for both me and my wife
    No FP for either of us .. same is the case with the others





    dvb
    07-28 02:24 PM
    Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.



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