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  • i4u
    09-22 08:52 AM
    Converting from EB3 to EB2 FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS#From_EB3_to_EB2)





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  • hope2007
    04-15 11:37 AM
    SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
    Now I have more than 5 years of US experience, will I fall into this category when I file I-485.





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  • pagalForGC
    06-17 08:48 AM
    HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

    I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
    I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

    I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

    Thanks,
    PagalForGC





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  • kirupa
    11-01 04:00 AM
    Hi psychman!
    I don't have a machine with VS / Blend installed right now, but the reason it isn't working is because you need to actually get a reference to your existing XmlDataProvider and then update it from there. This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm

    Looking at your code, you would need to something similar to the following.

    XmlDataProvider existing = Window.Resources["MetadataDS"] as XmlDataProvider;
    existing.Source = new Uri(filename);
    I am writing the above without the use of VS, so there is a chance it might not work. Let me know if it fails and I can look into it further :)

    Cheers!
    Kirupa



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  • dreamworld
    08-09 02:18 PM
    BS + 5 Years Experience == EB2

    Could we use the 5 years experience from other country? Or should It be from USA?

    Guys post a reply





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  • maddipati1
    02-04 05:48 PM
    i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.

    Got a letter 2 days back saying,
    ' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.

    they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.

    they also enclosed an bright orange letter for expedite proc and asked me to place on top.
    the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
    im guessing in the pile of apps, they couldnt fetch mine :-(

    i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.

    to top all this, yesterday there was soft LUD on my case and again another one today.
    so i am guessing they located my application and started working on it.

    i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.

    while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.



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  • shilpianand
    11-03 01:32 PM
    Stop asking dumb questions over and over again janta.nath





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  • vparam
    10-05 10:25 AM
    Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.

    She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?

    So, here's the timeline:

    June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
    Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
    Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
    Apr, 2007 - Both me and my wife got our EAD and AP approved
    July, 2007 - I got my 140 approved

    Currently - waiting on our I-485

    Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?

    Thanks a lot.
    H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...



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  • alahiri
    03-29 12:57 AM
    We need to contact the ombudsman office and talk to first Citizenship and Immigration Services (CIS) Ombudsman Mr Prakash . This office can pursue INS to change its policies and has the authority to do that.

    http://www.dhs.gov/dhspublic/display?theme=11&content=1355


    Please check the above link for more information.

    Thanks
    AL





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  • WeShallOvercome
    09-06 05:24 PM
    Hi:

    I am a july 2nd filer but had issues with my checks since my Bank account got closed due to fraduent activity. So not being sure if my checks would get cleared I applied second time on Aug 17th. Yesterday the bank was successfuly able ot channel my July 2nd checks to my new account and hence I need to withdraw my second application since my first one went through successfully. I had originally filed at NSC, but got transferred to TSC. Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application.

    Thanks in advance.

    Gopi

    I would wait for the receipts of my 7/2 applications to come and then stop payment on the second set of checks.



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  • Blog Feeds
    08-31 09:40 AM
    USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.

    In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.

    For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

    8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

    9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

    10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

    After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.

    New Evaluation Process For EB1B Cases

    For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.

    Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.




    More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)





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  • Kitiara
    10-17 05:22 AM
    You like my drawing? Thank you very much. :) I'm not much cop at the fantastic Photoshop stuff - a lot of these guys seem to be able to do them blindfold (Eilsoe, Edwin, I'm talking about you here :) ). I tend to stick more to line art. I did write a tutorial on how to do it for kirupa.com. It's buried under Flash MX - Special Effects - Line Art or something similar. It's cheating really, as I draw by hand first, scan in then trace in Flash. But sometimes you can get really nice effects.

    I'm about to try playing around with Fireworks now for those animations. Stupid of me really, I've got it here on my PC, but I never thought of using it. Duh... Fingers crossed it'll work out. As far as I can tell, it's Imageready that's bumping up the file size...



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  • FinalGC
    09-16 11:55 AM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....





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  • enthu999
    07-17 10:15 AM
    I am NOT going for another TN renewal which might pose a problem once my AOS is filed next time. I will be entering in H1 status.



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  • thomachan72
    10-05 09:39 AM
    I went to Kanha and Bandhavgarh National parks, the last two times I had been to India. The december season is not the best one for tiger viewing, however; if you give it 2-3 days, you will see some activity.

    I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.

    Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.

    All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.

    Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.

    Have fun in what you do.
    Do you go with family/kids? game drive? Do you drive through the forest in a personal vehicle? Jeep? Are there guides available? You said 2-3 days so are there motels nearby? Seems very interesting activity and completely agree with the thrill (fear!). What about sunderbans? have you been to any other reserves? finally are these areas safe (I mean from man attacks-thieves). Are there forest guest houses available? How much was the average total cost (including flight, stay, etc)? Appreciate you sharing such information





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  • cvk90
    06-23 10:31 PM
    My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.



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  • HV000
    04-07 10:39 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    GOOD. Go get a massage!! :)





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  • amitjoey
    11-27 04:23 PM
    ..All USCIS wil be doing is processing EEADs and AP..



    And making 60 million dollars by issuing EAD and AP's every year. Who would want to kill a CASH COW. That is not a mess for them.





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  • questions
    06-10 03:29 PM
    Kothuri you are most helpful. I agree and think I will benefit from filing one, but am concerned about the cost involved doing so.
    I currently cannot rely on my former employers lawyer and will have to pay for this myself.

    Can you give me an indication on the total amount of hours spend by your lawyer/total cost for doing this on your behalf?





    james_bond_007
    04-06 07:37 PM
    I went to the infopass to inquire about the "additional review" letter I got from TSC. Officer did some search and told me the following " this case is in transit to an officer TODAY, just 30 minutes before. you dont have to worry about this notice". He also said that call us back in 45 days .. I did fax all the details to the Senator but am not sure whether this resulted from the inquiry.





    apahilaj
    09-17 08:02 PM
    Hello all,

    I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.

    Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.

    Should I call USCIS or wait?

    Any suggestions are welcomed...

    Thanks.