Saturday, June 18, 2011

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  • go_guy123
    11-23 02:23 PM
    Well Said.

    Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!





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  • Humhongekamyab
    05-15 04:42 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    If you think nothing is going happen then definitely nothing will happen.





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  • black_logs
    10-25 01:13 PM
    You cannot use current job's experience in any situation
    From the above posts you can defintely use the priority date once I-140 is approved and move on.

    My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

    Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

    Thanks in advance for your comments.:)





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  • neerajkandhari
    06-05 05:28 PM
    I think when Immigration asks for the proof of employment you have to provide a letter that some one is ready to Hire you if do not have that job offer you are pretty much done (485 will be rejected)
    So its all about timing if you are asked to prove your future employment and if you dont have that letter that time your 485 will be rejected



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  • purplehazea
    05-11 01:31 PM
    I spelled out the problems as much as I could with the limited time I had! I spoke as Amit, Irvine CA

    I really hope they put it out there. And just for my satisfaction there was an illegal who got legalized via 245i before me so that I could question the backlog these people add!





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  • nc14
    07-08 05:52 PM
    I was on my way today for the drive in Cincinnati with 3 others and called them on my way when they informed us that they had an overwhelming response yesterday and are out of kits. They said they will be back the coming weekend and again. I am praying that he gets the donor ASAP. Hoping for the best.

    GO IV GO....



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  • javadeveloper
    08-14 02:38 PM
    I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?

    Fill this form http://www.dol.gov/esa/whd/forms/wh-4.pdf

    and submit at local DOL office





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  • neerajkandhari
    06-04 07:47 AM
    CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.

    I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
    I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2

    please Advice



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  • GotGC??
    01-12 05:29 PM
    I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

    But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

    Some alternatives are:
    (a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

    (b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

    (c) If an Labor has been approved for X years
    (d) If the alien has been on H1 for Y years
    or a combination of any of the above

    Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.





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  • sxk
    11-24 07:09 PM
    I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
    or is it better to fall back on EAD and continue with education? Please advice!
    Optimist578 - can you please let us know what you find out from your attorney?
    thanks a lotsxk

    I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.



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  • txh1b
    08-16 05:57 PM
    I would say you have to mention it during the interview if asked. Discuss with your attorney.





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  • lostinbeta
    10-21 01:35 AM
    Wow, very interesting. I have never heard of that before.

    Well where I was thinking falls in those rules, according to that grid, it was #2.

    Like I said though, put it where you want... don't mind me...just blurting stuff out.



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  • Domino
    09-14 01:24 PM
    Thank you raysaikat.
    I just see one more option-- NIW...
    Hope at least one of these would work in the end.





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  • chintu25
    03-26 11:37 AM
    Not accepting votes now ???



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  • indyanguy
    01-14 11:07 AM
    This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?

    ----
    To Whom It May Concern

    I am writing this letter to confirm that XX was employed full time
    (40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.

    His job duties included developing web based software systems. In this
    position, Mr. XX used the following technologies: ASP.NET/C#,
    SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.

    If you have any questions, please do not hesitate to contact me.

    Thanks,

    XX





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  • Anysia
    03-03 10:08 AM
    FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:

    Title 68: Professions and Occupations
    Chapter VII: Dept of Finacial and Professional Regulation
    Subchapter b: Professions and Occupations
    Part 1340 Illinois Physical Therapy
    Section 1340.20 (a)(2)

    Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)

    Section 1340.20 (a)(3)

    "Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"



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  • lazycis
    12-28 08:22 AM
    RFE for I-140

    I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise

    To company lawyer, since company is the petitioner for I-140.





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  • Maverick_2008
    04-07 03:58 PM
    I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.

    Maverick_2008

    PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.


    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help





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  • X-Wing
    05-16 11:28 AM
    Bindas,

    I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

    Keep us posted on your renewal experience!

    Thanks,





    shankar_thanu
    06-27 10:44 AM
    I have been asked by my lawyer to enter the A# from OPT card if you have one, is this right?





    tnite
    06-18 12:10 PM
    thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status

    But the problem is that you have to send in a copy of your H1B visa for I485.
    The visa will mention the fact that it was issued in May 2007

    USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
    That means that you were at a US port of entry recently.

    I think putting your canadian date is the best option.(My opinion)
    You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007



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