Thursday, June 16, 2011

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  • indianabacklog
    10-24 06:16 PM
    I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.

    This is at US31 and 146th Street north of Indianapolis.

    I propose 11am.

    Even if there are only half a dozen of us surely we can achieve more than as individuals.




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  • Ramba
    03-26 11:42 AM
    There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

    Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.




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  • perm2gc
    05-31 12:18 PM
    Recently joined.

    Contributed $200.
    Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.




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  • adde72
    02-12 07:03 PM
    My H1 is expiring on 20 June 2007 along with my wife's H4. My employer is planning to apply extension only in the month of June 2007 .

    However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .

    1) If H4 extension is filed in June which one will USICS considers ?

    2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
    4) Any petition can we make to the USICS ?

    Thanks for your replies
    ASR



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  • rajenk
    08-21 12:55 AM
    Ok,

    Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.

    Thanks
    Raj




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  • GoneSouth
    03-15 05:25 PM
    If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.

    Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).

    Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.



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  • cal_dood
    07-20 10:17 AM
    in Mexico and Canada - though there may be a catch - they may not process a B1/B2 to H4. You'll have to find that out. Getting a appointment/emergency appointment in ur home country is the best bet.




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  • kumar26fl
    09-22 11:53 PM
    "Word-of-Mouth" seems to be the most effective way of campaigning! I had sent mails, and left voice to couple of my friends some time back. They became aware of IV, but not yet registered. Talked to them today, and got both of them registered. (kasas & aksrao).

    Requested them to spread the word, "IV". I am sure they will read this thread and campaign for "IV".

    Thanks



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  • nomorelogins
    03-25 04:09 PM
    just remember to keep off any bread that has poppy seeds in it
    :eek:




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  • gcdreamer05
    03-13 10:11 AM
    congrats man , have fun put up a big party rock and roll and jump man jump....... after so many years u got ur green..........



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  • us-alien
    06-16 04:58 PM
    I guess the initial question my miguy still remains unanswered.

    His question was about the validity period of the card and the start date of that validity period that is printed on that card and not the date when you activate the EAD status.

    any answers there ?

    EAD starts on the date its approved and is valid for 1 yr. This will be really bad for EAD renewals where you need to apply well in advance in order to not being out of status.




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  • Pagal
    12-03 02:39 PM
    Hello,

    As you have aged out, please check whether your 485 is still considered as 'dependent' or whether you are now a 'primary' applicant.

    If you are primary, staying out of country before GC issue is legally fine (though you may need to prove to IO at PoE as to why you want to enter US before GC is issued).

    If your I-485 was dependent, there should not be any restriction on you staying out of country for extended periods of time.

    Of course, pl consult an experienced attorney before making any decision...good luck w LSE...beautiful school in a beautiful city! :)



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  • forgerator
    11-08 04:38 PM
    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o




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  • pappu
    12-31 09:03 AM
    Is your case complicated or has multiple applications?



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  • needGCcool
    08-29 07:53 PM
    Its very ambiguous.....on one hand they say:
    and then they also say:

    So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:

    Yes, we cannot call them till processing date > received date + 30 days!




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  • shahuja
    02-04 05:50 AM
    Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.

    Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?

    Thx

    Hello raju6855,

    I went for my H1B renewal at New Delhi on jan 14th and i am still waiting. Today is the 22nd calendar day. Has your wife got the pp back ? she appeared at ND as well ? Has she got any information from consulate or VFS ? what should we be doing in such a situation ?

    Appreciate your reply.



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  • spicy_guy
    08-10 02:30 PM
    By other poster...

    "Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
    H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
    Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
    go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
    If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
    Good Luck
    And thanks"




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  • Life2Live
    01-10 04:05 PM
    I got I-140 RFE (EB2) regarding my education to prove the Bachelor degree I have is equivalent to US Bachelor degree. I have 3 years bachelor degree they are saying US Bachelor degree is 4 years.

    My Lawyer is still working on it. I dont have say more than this that my freaking company is slow, unprofessional, irresponsible and typical exploiting consulting company.

    My company qualifies for one of the company to be blacklisted. (There are lot of other incidents not only this I-140 RFE delay) :-)




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  • meridiani.planum
    11-03 01:42 AM
    inline...

    I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

    -- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
    Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...

    An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

    -- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)

    --Parag




    virtual55
    05-06 10:55 AM
    http://www.usabal.com/seminars/#a2

    Michael Aytes, is one of the speaker in this conference




    Soltan
    05-05 06:46 PM
    I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.

    Hey guys, digging up a little old topic but I have a question regarding the same.

    I was with my previous company for 4 years and had my i140 approved. Then I had to transfer to a different company due to most in humane behavior by them. They never gave me a copy of the i140 with repeated requests.

    But I do have the receipt and receipt number and I can check online that it is approved. So next time when the time is right for 485 etc, can I just use the old i140 receipt and print out of the approval (from uscis site)? Will the receipt and the approval print out work to PORT my PD?

    Please please reply.



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