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  • saravanaraj.sathya
    03-10 03:02 PM
    There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.

    Ve fun

    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?





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  • gc03
    07-24 03:36 PM
    Mr. Gonz�lez,

    I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.

    My Question:

    Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.

    Regards,





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  • prioritydate
    01-18 12:20 PM
    Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!

    Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.

    I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.

    H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.

    Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.


    Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!





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  • AMITAT007
    10-03 03:08 AM
    I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
    Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
    In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
    I have few question
    1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
    2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
    3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.



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  • coopheal
    11-12 11:43 AM
    Why should some else follow up on your brilliant ideas. How about you take the lead and contact media in your area with your ideas. If the reporter is interested you can volunteer to be interviewd and also forward the information on the forum so that whoever is interested can also interview.

    I see a problem in such postings. We only come up with ideas and expect someone else to work on them. I do not think at your workplace this is all you do-- Just give ideas and ask your managers and VP and CEO to follow up on your ideas.

    If lobbying does not work then how come you have a 2 year EAD, You filed AOS in July 2007 due to IV, H1B time is decoupled from H4 time for your wife?

    Well said.... A good idea without implementation is just dreaming....





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  • smuggymba
    09-10 06:05 PM
    smuggymba

    what happened to your earlier PD. I think it was in mid 2004 or so, correct?

    no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.



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  • immi_seeker
    07-13 11:26 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    But where are we getting these numbers like say 20k visas are available for EB2..





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  • sanjeev_2004
    06-30 09:52 PM
    What exactly are you trying to say?
    You contradict yourself and also make a fool of yourself.

    First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.

    just chill. I just cooked a spicy chicken with red/orange/green peppers.
    Please don't spoil my dinner after going through hell past 2 days.


    Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.

    Have Fun.



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  • sugaur
    01-17 10:27 AM
    Key to happiness and peace of mind is to determine weather the things bothering you are under your control or not. The exact date when you will get your GC is not under your control, so worrying about it is useless. On the other hand making sure your applications are filed properly and in a timely manner is under your control. Similarly, getting laid off is not under your control. On the other hand it is under your control to constatntly try and acquire new skills that will make you more appealing to employers.
    For things which are beyond our control, there is no point worrying. For things which are under our control, no point worrying either BECAUSE THEY ARE UNDER OUR CONTROL!!!
    I found this little pearl of philosophy in a little book about the Roman Slave Epictecus who went on to become one of the leading Stoic philosophers.





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  • srkamath
    07-18 03:17 PM
    I complied the list from visa stastistics website
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    example 2007 numbers from
    http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf

    2006 numbers from
    http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

    This is simply the best data i have ever seen an IV member dig out in the last 2 years.. Great Job sachug22



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  • StarSun
    02-07 12:47 PM
    IV calls for a couple of volunteers to collect the miles and purchase tickets to confirmed participants. Please contact me.





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  • alisa
    01-23 06:33 AM
    I agree, at some point, things break even, because people will frankly get fed up and leave. That point will be somewhere between 10-20 years. And we will then be congratulating the two or three Indians who wait this out.

    This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)

    The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)

    The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)

    People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.



    I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
    You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.

    Nothing wrong in trying to change the course though.



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  • PHANI_TAVVALA
    02-17 06:16 PM
    I am volunteering to coordinate the collection and redemption of airline miles.

    Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.

    if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)

    Please do not forget to put your phone number when you send me the PM.

    Thanks

    sent Delta miles information to you.





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  • feedfront
    09-17 09:58 AM
    Anyone received RFE letter? I've not received it yet.



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  • bheemi123
    10-03 01:29 PM
    I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
    Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
    In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
    I have few question
    1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
    2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
    3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.

    i did exactly like you..
    Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...





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  • reddymjm
    06-03 07:15 AM
    I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
    This year I applied for H1-B and my application got selected in lottery
    Need your help in clearing my below doubts..

    1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

    You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
    Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
    Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
    Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
    Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.

    I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
    Find more details about Aytes memorandum
    2) Is it OK to go for VISA staming before 6-Jan-08?
    You can get it stamped.

    3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
    Looks like nothing needed. u can come in asap.



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  • delax
    07-13 08:40 AM
    Guys ! ! ! ! AT this stage let's take all the help we get from any possible source. Although i agree that Murthy is trying to stab in to the fame/sucess in this fabulous effort by IV, but it's better to add on more Voices to this cause...

    The whole GC Seekercommunity knows that IV played a very big role in creating a public awareness and making people talk. Let's not bother commenting on Murthy's evil intentions...


    "Evil Intentions" - Again - Would the Mahatma use these words before asking himself a few questions? :)





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  • eilsoe
    03-08 04:24 PM
    right, march 10th :lol:

    sorry.. had my head somewhere else at the time... :sure:





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  • franklin
    06-08 02:48 AM
    FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
    How about the following new methods:
    1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
    2. A letter to the news channels.
    3. Web fax to the senators/congressman

    Please share your ideas.

    I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.





    tawlibann
    03-18 11:00 PM
    :D

    I agree. Let's forget about this misunderstanding. As to the current topic, here is also Greg Siskind's opinion (his blog) which I just found:


    On the Visa Bulletin, DOS' Charles Oppenheim has the difficult job of trying to move the priority dates exactly enough to get the maximum number of visas issued in the fiscal year. In years past, hundreds of thousands of visas were wasted because of forecasting problems. It's one of the reasons behind last summer's mess. There is no grand conspiracy on Mr. Oppenheim's part to try and disadvantage any group or deliberately shortchange the immigrant community. So I'm going to assume that the moving around of the numbers was done with the goal of squeezing out every last visa of the 140,000 available.


    There probably really isn't any conspiracy or wrongdoing on DOS's part with regard to the last bulletin, and I do hope they do their best to use visas efficiently so that everyone becomes Current sooner rather than later. Maybe they should just do a better job at explaining information and educating people, so that one group doesn't think they're becoming disadvantaged and start doing foolish things.





    guy03062
    11-11 05:00 PM
    Good one :p

    I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...