Saturday, June 25, 2011

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  • a_yaja
    07-30 03:43 PM
    If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.




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  • GC_SUCK
    11-02 02:37 PM
    I will appreciate your comments on my situation. I also have approved I-140 from TX and my company may ask me to move to NY/NJ for another project.

    I also have one LC from MN pending in DBEC. Can I move to NY or do I have to go thru the PERM again?

    Help?




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  • cool_guy_onnet1
    06-01 01:51 PM
    unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.




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  • kevinkris
    11-17 02:12 PM
    Since you applied for H1 extension it means that you are out of parolee status
    and on H1 again.

    Get visa stamping next time when you go for home country and come on H1 instead of using AP.

    Use AP only if GC is approved when you are outside of country..

    I think it's little risk if AP is approved and you are outside of country and wants to use it. They prohibit sending AP on postal mail.

    All,

    Any help in answering my queries is appreciated.

    Thanks



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  • cox
    November 26th, 2005, 11:15 AM
    My primary tip is patience... By very early, I mean at or just after sunrise... Early's no problem, I don't sleep anyway. :p I'll work on my patience ;)
    I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks... I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem... It doesn't always work, but it does so often enough that it's worth hauling the sticks around... I remember Don's bamboo stick tip now that you remind me. I'll go to the nursury today...
    These days I make heavy use of my 5-in-1 disk for diffusion and reflection... but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it... Kevin's suggestion of using a quality reflector is a good idea, I'll go the camera store after the nursury...
    As for shooting technique, a tripod is a must... and hang the camera upside down... and frequently use mirror lock up... GaryI use a manfrotto 3001BPRO tripod, which allows you to put the camera all the way onto the ground, and even position the center column horizontally, but I use a pan-tilt head that's not too flexible (and I bent it the other day :(). I'll look at ball heads while I'm at the camera store... I never thought of hanging the camera upside down! I'll try that. Great tip. I use mirror lock-up when shooting thru my telescope, but forgot to use it here. Will do.
    Hope all of this rambling helps... Gary
    Thanks for the feedback, Gary, I really appreciate it.




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  • kaisersose
    02-15 11:18 AM
    The mailroom clerks who open mail and process initial information are generally functioning a in a dumbed down mode.

    USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.

    It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.



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  • hmehta
    09-07 11:59 AM
    Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).

    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there




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  • smuggymba
    09-22 07:35 PM
    Oh My God. These three won't stop, would they.



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  • bekugc
    04-04 03:13 PM
    Flexi,
    ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.

    regarding
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
    ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.


    In regards to the timing of a petition -
    as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....




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  • kshitijnt
    07-17 01:00 PM
    I am confused with regards to AOS Vs. CP and which one to choose.

    My visa status is L1B with Company A and my green card for future employment is with Company B.

    Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.

    IF I choose CP, what are the steps after I140 approval?
    How hard is it to switch from AOS to CP or vice- versa?
    What are the pros and cons for AOS Vs CP?

    I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!

    I initially chose CP on my form but now going to file 485. You can switch it either way

    Switching from CP to AOS:
    Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.

    Switching from AOS to CP:
    I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.



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  • nb_des
    04-15 02:59 PM
    Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.

    Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.

    Does that answer your question?




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  • desi3933
    08-26 02:32 PM
    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...

    >> She can not get an H4 though... thats seen as abandoning your AOS status...

    Totally Incorrect.


    ________________
    Not a legal advise.



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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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  • agc2005
    11-07 07:48 AM
    Saro28:

    Thanks for your reply. I am also in the same dilemma over where to file, according to I765 instructions i need to mail to NSC but my I140, I485 ,EAD and AP all are in TSC. Customer Service rep tells me to follow the Instructions in I765 form for where to File.



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  • anurag
    02-12 02:12 PM
    Freakin_GC,

    I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.

    All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.

    Regards,
    Anurag




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  • linuxra
    01-13 12:53 PM
    Hi anybody can have any idea,My employment record and everything is good
    no way related to their things will it affect my gc



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  • BECsufferer
    12-07 11:02 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.




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  • Green.Tech
    08-05 05:02 PM
    Guys n Girls,

    I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

    I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

    Comments please.

    Thanks!




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  • gc_check
    10-07 05:32 PM
    Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..




    ryan
    02-03 04:09 PM
    That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.

    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.




    PD_Dec2002
    08-05 11:04 PM
    I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi

    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Thanks,
    Jayant



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