Friday, June 10, 2011

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  • Prasad_FL
    08-02 04:57 PM
    I am in Miami/Miramar area.




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  • permfiling
    01-18 01:35 PM
    Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements




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  • blacktongue
    01-20 11:22 AM
    EB3 kicks ass!!! So does EB2. :D

    If they are so good, Show the list of names.

    Any EB3 started big company after getting Greencard? Any EB3 invented after getting Greencard?




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  • pappu
    11-10 10:57 PM
    USCIS Ombudsmun Report - Total I140 approved:

    Approved
    2000:89,583
    2001: 99,659
    2002: 93,533
    2003:62,281
    2004:67,552
    2005:94,211
    2006:104,168
    Oct 2006 to April 2007: 65,098
    found this on another site

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls

    dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls



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  • leo2606
    07-29 01:09 PM
    Old Pork Chops asked:
    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?

    But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).

    So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(

    Any way I would like to be out of this thread.

    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)




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  • jayleno
    12-02 03:01 PM
    Yes. Thats true. If you are not eligible for any other H-1extensions(i.e. labor filed 365 days before etc), you can apply for premium processing for I-140 if your H-1 is about to exprire. However, the extension can only be filed with a copy of the approved I-140. You can also do your H-1 under premuim processing if you are running out of time.
    I think its better if you just go ahead and apply and pray everything works according to plan.

    FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?



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  • vinzak
    01-07 12:02 PM
    Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.

    We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.

    What u think guys?




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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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  • americandesi
    06-17 11:48 PM
    There is an option in US Greencard called “Commuter Permanent Resident Card”. Refer the link below for more details
    http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf

    This GC allows you to live in Canada/Mexico and commute to United States for work. Though you are loosing the year count towards US Citizenship with this GC, I think it’s a better option for anyone who wants to apply for citizenship in both countries.

    (ie) Convert the regular Permanent resident card to “Commuter Permanent Resident Card” (Form I-90) -> Live in canada and commute to work in US for the next 3 years (Windsor-Detroit) -> get the canadian citizenship after 3 years -> convert the “Commuter Permanent Resident Card” to regular Permanent resident card (Form I-90) and settle down in US -> Get the US citizenship after 5 years.

    The advantage with this approach is that you earn in US dollars though you live in Canada during the first 3 years.




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  • cyclone_p
    06-21 09:10 AM
    @sameer2730 : So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?



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  • gconmymind
    09-29 02:06 PM
    My wife had her 485 FP on Friday. We had filed her 485 last month, mine was filed last July. Both our 485s have soft LUD on 9/26, 9/27 and 9/29. No status update. Should I read anything into it??




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  • mbartosik
    01-30 04:19 PM
    Tomorrow we will have something more substantial to release.
    I would recommend that tomorrow when we release this that people phone up the local media, speaking with someone is better than email.



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  • martinvisalaw
    08-18 12:46 PM
    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.

    I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.

    I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.

    See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).




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  • santb1975
    02-15 11:45 AM
    After a friendly bump to No.Cal



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  • Mumbai_girl
    12-02 12:06 PM
    Dear Friend:
    I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.

    This link should explain all your queries

    http://www.vfs-usa.co.in




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  • Jen2010
    12-06 04:55 PM
    Dear BimmerFan,
    Thank you very much for sharing your experience !!

    I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.

    The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.

    Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.

    I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??

    Do you think I should pay an attorney ? of it is okay to do it independently ?

    I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.

    Please advise,

    Thanks !!!



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  • GCPagla
    03-15 10:16 PM
    hi,
    Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?

    I would appreciate if anyone who invoked Ac21 can help




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  • shsk
    07-16 11:36 PM
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help




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  • noone2day78
    02-19 08:13 AM
    ohh is this really true? can u specify a source for this ?
    Dandruff said "You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
    It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status."


    Is this true for ppl who haven't done masters in usa?




    yabadaba
    07-23 09:52 AM
    ne thots from core?




    mambarg
    07-27 08:14 PM
    How about if Company closes down ?



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