Friday, June 10, 2011

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  • luckylavs
    07-16 12:48 PM
    hk196712 ,

    Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
    Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.

    Thanks





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  • st4rguitar
    04-06 02:02 PM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,

    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.





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  • rahulpaper
    10-15 07:48 PM
    Does anyone know why the FP for NSC>>CSC>>NSC are taking so long.....my friends who filed at same time are NSC>>TSC and they already got FP.





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  • abracadabra
    07-06 11:38 AM
    There are about Six theards on washington Post going on currently, the ask question, till someone picks up Thanks



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  • garybanz
    09-26 03:05 PM
    ^^^^Bump^^^





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  • guru76
    01-08 04:24 PM
    My father had the same problem. On 30th he had his interview and the VO said he will get his passport back in 5 days. Well he did not get it back till yesterday. Today the status has changed on VFS website saying it has been sent by courier. Just wait a little bit longer and I am sure you will get it too. PRobably because of the holiday season they took more time than usual.



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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.





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  • rameshk75
    05-23 02:35 PM
    I have filed 485/EAD/AP in Aug'07 and changed the address online using AR11 followed by the petitions for 485/EAD/AP for my self and the dependant.

    Got confirmation in mail for all the pending petitions after 2 weeks. I have NOT called the USCIS office for the address change.

    Hope this helps !!

    Kunal,
    please contribute for the funding drive if you have not yet...help IV to achieve the success for all US !!



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  • lecter
    February 27th, 2004, 09:14 AM
    By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)

    "They can because they think they can"

    On this day the traffic had been stopped for the parade.....

    I was out of the car (Camera always at the ready) and I was taking photos of the girls dancing and got noticed (no cost).

    Here's another "Noticed me" shot..

    http://www.dphoto.us/forumphotos/data/500/15128T3321-med.jpg





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  • vhd999
    02-04 06:13 PM
    Few months agoI have applied for AP and requested for an expedite process.
    I have sent two pre-stamped envelops with the application. This is at NSC.

    Fortunately, they have approved it in a week and sent the AP documents using the envelops. I have recevied the documents on the next day.

    If you have a valid reason, it doesn't hurt requesting the expedite process with a proper evidence.



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  • nomi
    09-21 04:24 PM
    If you have master degree and you are from india then there is long long wait time.





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  • rpk83
    05-10 10:11 PM
    I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime

    I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending

    We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice



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  • Kevin Sadler
    January 30th, 2006, 09:00 AM
    hi boney. excellent advice so far. i'll just add that you should also take into account how one camera "feels" in your hands vs. another. you might use that as a tie-breaker or a major decision point in your purchase. but luckily for us most of the manufacturers have a different feel, including grip sizes, curves, location and operation of the controls, etc.





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  • msyedy
    12-14 09:26 AM
    while make illegal aliens legal.. the current S.2611 says the illegal pay back taxes and go through a process like us to get citizenship.

    We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.

    We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.

    This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.



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  • ghost
    09-21 04:38 PM
    Thanks! guys.....All in the same boat then....Screwed.....

    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!





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  • rockstart
    11-30 01:56 PM
    Here is what I can advise

    1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
    2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
    3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
    4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
    5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.



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  • meridiani.planum
    03-12 02:46 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?





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  • hazishak
    08-01 11:16 AM
    I know it is not the right place to put it. But I could not find any appropriate thread..............................:( :( :(





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  • speddi
    12-09 10:19 AM
    I was able to get copies of all the documents (labor,140 and 485) from the attorney. Is it mandatory to file AC21? When I asked my attorney the fee to file AC21, he said it is $750 to $1500. What is the normal fee for AC21?

    Also, the job description says 'VB .Net' but the new job is in C#. Does it make any difference?

    Thank you





    clazale
    11-11 03:40 PM
    I am a july 2007 filler as well and my GC was approved last month though the processing date was few months behind. I know some other cases as well whose 485 was approved when the processing date was not current. So i would say that just stay positive and keep your fingers crossed. Happy days should be just around the corner.





    furiouspride
    04-24 09:50 PM
    thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn
    Yeah, thought maybe your 'son' was worth a few keystrokes ;)



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