Wednesday, June 15, 2011

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  • DareYouFireMe
    03-09 04:18 PM
    Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....

    If he is EB2 ROW then go with Nov 2006...


    In any case please tell your friend to join IV and contribute to IV.....

    Not sure what you meant by your statement "screwed either way"
    Also, please let me know what does EB2 ROW means. Thanks!




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  • nihar
    11-30 05:05 PM
    Dhundun you have hit the nail on the head . Now i will be more clear

    I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???




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  • sbmallik
    12-27 03:18 PM
    To the original poster:

    Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.

    BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.




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  • jsb
    12-05 03:38 PM
    If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
    the third rule on the first thread.

    If you go to Canada just to get your Canadian immigration stamp, you may have a problem getting back to the US. The border agent may try to determine your real intent, and he/she can technically revoke your GC at the first instance. For the question "where do you live", there can not be two answers.

    Bottom line is that you can try to maintain permanent residencies in both countries, for a while, but not for ever, particularly when passport becomes mandatory for air/road travel, which will record every entry to the US.

    Those who maintain US residency for years by simply visiting US every now and then, pretend that their real home is US, and they just go out for business/work/pleasure etc. But when you have a Canadian PR stamp, you can't say that for Canada.



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  • fatjoe
    10-31 12:46 PM
    Didn't they stopped issuing interim EADs half an year ago?

    It was stopped. I went to the local office and found that.




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  • johnamit
    07-12 12:49 PM
    As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?

    source: http://www.nysun.com/article/57238


    If you think this thread is useless, CORE please close this thread.



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  • GCapplicant
    08-10 05:35 PM
    I think this person is just making fun.Whatever he is stating here cant be true just creating confusion-It cant be India.
    this is his first post too.




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  • hpandey
    07-30 01:16 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?


    I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?



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  • unseenguy
    02-23 12:11 PM
    Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?




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  • jonty_11
    06-18 01:27 PM
    Does the passport have to be valid for at least 6 months at the time of filing 485?



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  • rharan
    05-02 02:29 PM
    Hello All,

    My RIR (EB3) is still pending and the PD is Nov 2004.

    My Perm (EB3) got approved April 2007.

    Now I'm on 7th year H1b based on my RIR date.

    If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.

    What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?

    Pl. advice.

    Thanks




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  • BornConfused
    07-03 11:12 AM
    Oh... ok. Where can I see which service station the aplication should go to? I'm in NY


    I'm pretty sure yours would go to Vermont, but don't take my word for it, why don't you make a quick thread and maybe someone with more experience can help you out.



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  • hopefulgc
    09-16 10:22 PM
    Please don't lose heart.. hang in there.

    What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
    Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.

    Are you able to locate any precedents to this?

    Keep us updated here on this thread.

    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks




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  • ramaonline
    09-26 01:43 PM
    according to the regulations, h time counts towards L visa time and vice versa - It is not very clear in the i129 form



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  • gc_maine2
    05-20 01:02 PM
    Gurus

    What should we write in these sections of Ap Application

    Part 3: ( Still not decided the trip, but renewing the application for safe side.. so not sure what should we write? or leave blank?

    Part 4:

    Part 5: (should we leave this blank or say N/A??)
    part 6: (should we leave this blank or say N/A??)

    part7: checked (more than one trip), but for other fields.. should we leave blank??

    If these are answered already please let me know the thread.

    Thanks
    sree




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  • andy garcia
    08-15 09:07 AM
    If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up

    You are correct. This Fiscal Year they followed the law accordingly.

    INA -ACT 202 specify clearly:

    (A) EB IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.



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  • mermaid2084
    11-21 05:51 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.




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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!




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  • gcbum
    08-01 04:59 PM
    After the lawerand medical examination took a long time my concurrent filing applicaiton was over night fedexed on Jun 28th from nj to nebraska and fedex did not pickup on Jun 28th due some weather and they try to deliver on Saturday which was Jun 30th and finally it was delivered on July 2nd 7:55AM and the check also not encashed and application also not returned.

    :mad:




    Sage_of_Fire
    01-02 09:56 PM
    Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

    :)
    Okay, there's my answer. Nice two-birds-one-stone answer, Kirupa!




    GCcomesoon
    01-07 11:07 PM
    Hi

    First let me tell you that QA jobs are not relaxing & easy as some people think about it.It all depends on whats you aim & where you want to go in your career.There ample of QA-Testing jobs here & in India too.I have been working in QA for last 7-8 years & have worked on 3-4 assignments. I have hardly been on bench for more than 1 month.Its the way you look at things. I have also earned decent money in these years & I still make good money compared to some friends in development.
    There are lot of QA-testing tools available from different vendors which you should try to learn , They will give you lot of exposure & demand in the market place.

    Remember, Every job has its own value.No job is worthless.

    Thanks
    GCcomesoon



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