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  • ak27
    02-10 10:04 PM
    It depends. Today, it does not matter whether you are EB2 or EB3 as both will remain retrogressed for long time unless Congress does something. You should look for right work and good employer. If your employer does not allow you to talk to Attorney directly then there is some ulterior motive. Since you have sometime to decide, analyze your career goals before deciding on EB2 or EB3. You should eligible for Eb2 by default because of your education unless your current job does not need one..





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  • eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.





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  • belmontboy
    05-22 07:35 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job

    what is the rationale behind applying two I140's?





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  • milind70
    08-28 09:33 AM
    what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?

    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you



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  • gc_maine2
    05-12 02:01 PM
    Hi workvisaforall,

    I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.

    Thanks
    sree

    QUOTE=workvisasforall;241596]apahilaj-

    Please see responses below in color.




    Good luck![/QUOTE]





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  • piyu7444
    04-28 03:32 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

    I m joining new company by changing H1.
    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter

    Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.

    There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)

    It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.

    You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.

    I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.

    Hope this helps...........



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  • ThanksIV
    07-17 06:32 PM
    IV had done so much to me, donation is the least thing I can do.
    Thanks IV!:D

    Order Details - Jul 17, 2007 3:57 PM PDT
    Google Order #9660370406*****


    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100 $100.00
    Tax (CA) : $0.00
    Total: $100.00





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  • sdrblr
    09-09 10:21 AM
    I had the similar mail "Welcome" and no CPO email or status. I got the "Official" welcome letter:D yesterday. The letter said welcome and card will be sent with in 3 weeks. I know couple of guys who go the card in a week. Waiting for the card today :)



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  • arihant
    05-01 09:08 AM
    Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!

    Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:

    <h3 style="color: #990000">Foreign Labor Certification</h3>

    <!-- script will be here? -->
    <p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />

    <!-- start script -->
    <img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>

    <!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->





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  • greenleaf81
    11-06 11:16 PM
    You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Thanks a lot WandMaker, really appreciate you giving me the link. Definitely looks like we can convert a case to Premium processing even after a RFE.



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  • delax
    08-05 11:36 AM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;

    While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......





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  • morchu
    06-02 09:58 AM
    Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).

    I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).

    Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.

    In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.



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  • saibaba
    12-18 02:52 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....

    sorry to ask you but where wld I track all these LUD's in the case status online website?





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  • Cali2006
    07-07 09:59 PM
    Hi,
    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?



    If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.



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  • morchu
    04-27 03:08 PM
    Yes. Show Company-A unexpired H1-visa-stamp and Company-C H1-I797-Approval Notice at port of entry.
    Can i use the same Visa for reentry to US when i am coming back on May/June.
    Thanks





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  • WaitingUnlimited
    03-08 03:37 PM
    It all depends on the officer who makes the decision.

    One of my friends applied for 140 in July 07. He got RFE on Mar 08 to submit payslips for 08. He was on bench from Jan08-Mar 08 and was not having payslips.

    He just sent W2 for 07.

    Surprisingly his 140 approved without any questions.

    So, try your best to get the payslips or pray for the god!



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  • v2neha
    04-08 10:28 AM
    PD Aug 03
    RD July 07
    ND Aug 07
    EB3 - India





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  • meridiani.planum
    04-02 03:39 AM
    inline...
    My employer refuses to give my copy of approve LC.

    -- thats not a good sign.. he does not seem to be co-operative...

    I had MS + 1.5 yrs of exp.

    So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.

    I am willing to take the risk.

    Its upto you. If you feel you'll get through without an RFE, you will be all set, if you feel there is a chance of an RFE, this will be a big mistake. Try to stay on H1-B instead of EAD if you do take a chance... In general people would advice against it, job offers keep coming and going. A chance to file I-485, especially if you are from India might be rare thing.





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  • psk79
    05-30 12:29 AM
    From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

    Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

    Hope that helps...





    dealsnet
    08-14 01:05 PM
    It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.





    natrajs
    08-23 12:54 PM
    It is very unlikely to get a RFE for this

    I hope you don't get it, Try to get the Duplicate ASAP