Saturday, June 11, 2011

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  • mansi
    08-10 09:51 PM
    Dude,

    Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.


    Hello everybody,

    I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).

    How will this work for my wife (who is on H4 now)?
    If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.

    Or MUST my wife also be present in US to file the I140/485?


    Pls advice.

    thanks,
    -Prasad




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  • qplearn
    10-17 09:40 AM
    It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.

    That is assuming that you have gone through your biometrics appointment.

    If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.

    qplearn




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  • sanjay
    07-07 08:09 PM
    mbawa,

    We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.

    IV Team


    I will appreciate your action.




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  • Prashanthi
    10-20 05:02 PM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.



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  • snathan
    08-26 09:02 PM
    Hi folks,

    Is there any body out here ported eb3 to eb2 from same employer.
    If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

    Your help is greatly appreciated.

    Many thanks in advance

    Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job




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  • msr999
    03-03 08:41 PM
    EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.

    I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..

    My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...

    Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...

    My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..

    Please correct me if I am wrong...



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  • snathan
    02-15 12:18 PM
    I know but when there is a chance, we must make sure. Who told u that always works.
    They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
    Hence I got a doubt.

    Again,
    Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.

    Yes you need Masters or Bachlor + 5 years progressive experience.




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  • samrat_bhargava_vihari
    02-11 06:04 PM
    you are screwed, yes seriously

    Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.

    If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.

    I feel this may not be true.

    Do you have any evidence for your information or can you show any documentation from USCIS supporting your comments.



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  • simple1
    05-19 11:12 PM
    for immigration diploma + 3 yrs experience is Bachelors equivallent that is True for H1B or EB3

    for further studies diploma is under grad, you will qualify to continue further studies for Bachelors

    yep, I heard exact same when it comes to "edu eval" for work. One of my ex-collegue got h1b with 10+2+3yr-dip-compsci+5 years exp.

    I also hear "edu eval" for "work" and "study" may be two different processes. So not sure about the study part.
    Recognition of Foreign Qualifications (http://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html)




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  • ImmigrationAnswerMan
    06-29 12:22 PM
    Anil:

    While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.

    This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.

    Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.

    Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.



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  • gc_seeker_2001
    01-30 11:05 AM
    Any feedback on this is appreciated.




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  • morchu
    05-12 07:17 PM
    Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.

    Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).

    Obviously you need to show about your strong ties in home country and why you might want to come back.

    But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.

    Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?

    In other words, I can never step back into the US?



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  • sanbaj
    06-13 10:47 AM
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.
    I am very sorry for your situation. I hope it doesn't happen to anybody else.

    The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.

    I am no lawyer, so get with a competent lawyer ASAP and get this fixed.

    Best of Luck.




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  • rb_248
    12-13 11:06 AM
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram

    Wow...what a find. You must be a well seasoned professional investigative journalist.



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  • trictrac
    09-08 12:34 PM
    I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.

    also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.




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  • reverendflash
    10-21 04:10 AM
    oh well, we can't make it look too easy... :P

    I actually have it right so far... win in game 1, loss in game 2, win games 3 & 4...

    just my predjudiced and not so humble opinion.

    Rev:elderly:



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  • VickIowa
    12-28 05:40 AM
    Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...

    I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.

    My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and

    (2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?

    PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.

    Any information in the next 12-24 hours would be greatly appreciated.

    Thanks all, Vick
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  • Saralayar
    07-27 11:53 AM
    I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
    My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.




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  • sandy_anand
    10-04 11:45 AM
    Is there an equivalent for EB2 in the same website pls ?

    Regards

    Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.




    shivaniraina
    03-24 02:21 PM
    Can anyone tell me if the MBA degree will also be considered STEM.




    gc_on_demand
    05-19 01:42 PM
    Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?

    I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.



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