יום רביעי, 15 ביוני 2011

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    • supers789
    07-18 04:10 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!



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    • bestin
    06-18 10:15 PM
    Thanks Guys.This was what me and my attorney were thinking.The reason why the officer asks my advanced degree is misleading inspite of the fact that my labor (as well as advt)was for bachelors +5 years experience and didnt mention anything about advanced degree.

    To answer your question ,yes i had about 7.5 years experience (about 6.5 at Indian Branch office and others else where) before joining current company in US.

    Attorney has mentioned we will argue my bachelors degree + 5 years experience is equivalent.

    BTB is it mandatory to have Masters in Labour? Wont bachelors+5 years experience be enough?



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    • babydiams
    04-19 02:55 PM
    H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
    It is not possible for any jobs on commission basis. PERIOD.
    You can work on OPT.

    Dealsnet thank you for your input,

    I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.

    Thanks for your help, I really appreciate it.



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    • kevinkris
    12-05 05:20 PM
    You are too fast ;-)

    This looks good..

    Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
    See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting


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    • kmk2002
    01-09 10:38 PM
    Thanks for the document.

    But I think it does not cover 140 & 485 related expenses or contracts tied to these application.






    Thats interesting...will this new law cover agreement signed before 2007?

    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf



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    • baburob2
    08-28 09:51 PM
    GC is for the future job and hence if your prospective employer will be able to proceed with your GC in your absence till its very end then you should be fine and still be able to come into US as a GC holder when GC is offered to you. However in this case you can't do Adjustment of status since you willn't be staying inside US and hence have to opt for Consular processing if you haven't opted for Consular processing.


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    • nhfirefighter13
    May 31st, 2004, 07:41 PM
    LOL ! :D
    Travel on AP after job change and AC21? [Archive] - Immigration Voice
    Log in

    View Full Version : Travel on AP after job change and AC21?




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    • vamsi_poondla
    02-06 05:03 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.


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    • kart2007
    10-23 05:41 PM
    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!

    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.



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    • kaisersose
    04-16 09:25 AM
    EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.

    Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.


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    • Ramba
    07-25 04:40 PM
    Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.

    However, this may require aggressive follow up with USCIS.



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    • thomachan72
    12-16 03:51 PM
    it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.


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    • msyedy
    12-13 11:30 AM
    CIR agenda in 100 hours not days..........



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    • EB3June03
    06-15 05:18 PM
    Wow.... Sounds like those who had TB Skin test come out positive are on the hook for the Medical RFE's

    I had my TB (Skin) test positive, but I also think the X Ray reports were included, but I might be wrong...

    Good idea though.. and it does make sense to get a new medical done that way the USCIS does not have another thought looking at the old medical forms.


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    • CADude
    02-27 01:00 AM
    Each category(EB2 or EB3) has it's own cut off date. Per March VB, EB3 India is Aug 2001 and Eb2 is U. If VB date is current for both category then I-485 RD matters most.

    There are many tread here to predict VB cut-off date for each category. So your guess as good as mine. :)

    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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    • inskrish
    08-21 11:13 PM
    Well, most of us July filers--including myself--are little stressed out due the Receipt Notice issues, but now I have learned how to live happy even at hard times. Here is how I imagine the NSC center works. A busy morning at NSC mail room.:)

    Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?

    Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?

    Clerk: Yes sir, I will do it 10 minutes.
    (Clerks completes the officier's instruction and comes back with the applications, but seems confused)

    Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.

    Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?

    Clerk: Yes, sir.

    (The clerk gets the 100 applications from the 'Rejected Applications' rack)

    Clerk: Sir, I am done.

    Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.

    (The clerk counts the applications again....)

    Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.

    Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.

    Clerk: Yes, sir.

    Officer: Bye, see you tomorrow.


    Regards,
    IK


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    • anilsal
    01-26 12:30 AM
    Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?

    I noticed these Business section journos are endlessly talking about ways to prevent the recession.

    We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...

    Not sure if IV gurus are thinking on these lines.

    Vivek

    Vivek, suggestions are always welcome. But we get more folks suggesting than those that actively do something for IV's cause.

    I am wondering if you would want to contact these journalists as an IV member. If you want more information or any other details, PM me your email address and phone number and we can co-ordinate off line.

    The immediate need of the hour is the administrative fixes campaign success.



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    • beibei2929
    05-15 01:39 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.


    Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.

    When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.

    Talk to an Attorney when in doubt.



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    • waiting_4_gc
    07-18 06:25 PM
    On 05/2005 applied I-485, got rejected and again applied now and forgot to mention in "Have you ever applied before..." caluse.
    Got reply from lawyer saying that it is not big deal but we can send a letter to CIS.
    Is it going to be the reason for rejecting again?
    Please share your opinion

    Do you know the reason for rejection?



    Kumbakonam
    11-09 09:11 PM
    Hello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.



    inskrish
    08-22 12:49 AM
    Looks like more chaos has come. Nowadays nothing is working properly. NSC must have won the imcompetence contest among all those agencies. :-)

    I couldn't agree any more.:)


    פורסם על ידי Yjaqiviq ב- 18:21

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