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  • permfiling
    12-22 09:56 AM
    Non production of green cards needs to be taken up IV as a action item with USCIS




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  • meridiani.planum
    07-12 08:35 AM
    As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.

    if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)




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  • AK01
    03-26 10:48 PM
    Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.

    Simply untrue.. The magic word is: progressive, progressive, progressive...

    From horse's mouth:

    http://www.immigrationlinks.com/news/news215.htm

    (see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.

    EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.

    From the link:

    The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.

    Position 1: Staff Software Engineer

    ETA 750 Item 14:

    Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
    Experience - 5 years job offered or 5 years related occupation software engineer.

    ETA 750 Item 15:

    Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.

    It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.




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  • thandan
    03-17 11:33 AM
    I am not sure I agree with you on that EAD will go invalid if the primary applicant stops working fulltime. This is because the greencard application and everything associated with it is for a FUTURE job offer.

    What I am trying to see is the analysis of this situation from the point of view of an attorney. It would be great if one of the attorneys can chime in here!

    Couple of more points in case it wasn't clear in my original post

    1) I am the primary applicant for this greencard application.
    2) The option of going to MBA after I get the greencard will not work. For one, it will take me (eb3 india) years to get it, at which point going for an MBA will be too late. Also I got this opportunity to attend a top-3 MBA after so much hardwork and I do not want that to go to waste.



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  • BMS1
    08-21 02:16 PM
    So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.

    How long did you wait after your biometrics to get your 485 got approved?

    There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).




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  • oomshiva
    07-12 09:46 AM
    this is realy getting more confusing and I think

    Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )



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  • letstalklc
    08-27 05:01 PM
    Yes,
    You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....




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  • javadeveloper
    12-02 01:29 PM
    Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).

    My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.

    One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info



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  • srinivas_o
    05-08 02:27 PM
    I am also in the same boat. If the current employer does not like me to move to a new position, is there anything the current employer can do stop getting GC?

    My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).

    I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?

    Gurus, please help.




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  • jsb
    01-28 09:24 AM
    Sorry for the stupid question.
    Is it necessary to inform CIS about job change using AC21?
    Few of my friends havent informed.

    Please read posts above. There is no need to send anything to USCIS unless asked.



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  • pitha
    06-11 12:46 PM
    somebody please close this thread




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  • Appu
    04-02 10:31 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.


    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.



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  • h1techSlave
    09-22 09:22 PM
    Companies like Microsoft are indeed greedy. But Microsoft shareholders like me and many others in this forum are saints.

    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....




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  • Maverick_2008
    02-22 10:14 PM
    I'm sure you know the logic why it goes backwards but your comment did bring a smile on my face. Isn't it interesting that arguably, the most progressive country is working backwards? :)

    Maverick_2008


    How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?



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  • nirdlalegcade
    02-26 11:52 AM
    First of all you have an "If" in your question. So I belive this is for future plan.
    Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?

    I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.

    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..




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  • allegator
    03-19 10:08 PM
    Thank You very much for your suggestion but how can he know that I am working on different project. I just want to buy a months time and then he himself will remove me from his payroll as these desi employers can't pay a single days salary on bench. Also just after a week of joining I am planning to visit India on my AP for four weeks. I want to resign after coming back. I want the initiative to be taken from his side and not mine. I have ben working with him since last five year and just for holding my H1B he has been taking a huge cut from my billing rate witout doing any thing.

    Thanks

    Thanks,
    Sudhakar



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  • kirupa
    06-13 01:25 PM
    The number at the bottom of the poll is the number of individual voters. Since people can vote for multiple entries, you adding up the total number votes is just that - the total number of votes. It isn't the total number of people who voted.

    I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)




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  • santa123
    08-15 07:21 AM
    Welcome back vdlrao...
    what does the SEP VB indicate to you?
    you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?

    We IVians look fwd to your analysis and insight. Thanks!




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  • pointlesswait
    06-04 10:23 AM
    looks like yours is a small bank..
    call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!




    gcseeker2002
    08-14 02:52 PM
    I didnt know that you can send a single check for all applications.. ??
    It would have been better if you had split the checks.
    Dont worry they might accept it now.
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.




    jnagendra
    08-13 01:35 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .



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