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Friday, July 1, 2011

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  • a_yaja
    01-08 05:05 PM
    Frankly I don't know why people think that IT folks cannot qualify for EB2. Inspite of all changes done by DOL, people with 4yr degree + 5 years of exp. can qualify for EB2. If the company can make a good business case and can prove that there are other people (Permanent Residents/ Citizens) in the organization with 4yr degree + 5 years of exp. for same/ similar position, there should not be any issue for the getting an EB2 approved. As far as my knowledge goes, the requirements are set forth in law - that is not something that USCIS can change over night.

    True - it might become more difficult to get approval for such cases, but that does not mean that IT folks cannot qualify for EB2.

    Just my 2cents.





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  • MightyIndian
    10-11 06:20 PM
    The first status is that USCIS has approved your EAD and ordered for a card. The second status means that they mailed you the card. You should get the card in next 5 business days.





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  • pyrosleepy
    07-24 03:11 PM
    Hi ,

    I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
    Why did you quite your previous employer when they got your I-140 approved?





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  • rajuseattle
    03-02 12:55 PM
    rajpatelemail,

    U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.

    IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.

    IV admin please intervene and stop these kind of posting, which hurts IV's cause.



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  • crystal
    07-12 10:31 PM
    You get SS after you cross 55 or 58 I think. How knows by then they might bring some law to stop the SS for outsiders.
    There is a archive thread on this already.Read it dear h1bs.
    the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.

    does anyone have any knowledge of non-citizens claiming social security in india?

    as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.

    http://socialsecurity.gov/international/countrylist4.htm

    has anyone actually seen this happen?





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  • myonlineid
    01-07 03:36 PM
    I came back from India in Dec 1st week and my POE was NY. They took me inside and didn't ask any Q's. They verified and stamped on I-94.



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  • jsb
    11-02 11:17 AM
    Dear Friends,

    Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
    before my I-485 status "runs out" ?

    My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

    Thanks.
    If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.





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  • ohguy
    02-12 11:08 PM
    My employer had applied 485 based on EB2. I have the approved ETA case number of the labor certificate and occupation code. My 140 is also approved. I have a US masters degree. I want to move on to a new company which has a minimum requirement of BS + 5 years (which will come under EB2).

    But I am not sure if he applied my labor as MS only or equivalent. He is not willing to reveal those details. Can you please tell is there a way I can find that out from the ETA case number?

    Thank you all!



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  • raj2007
    02-17 11:23 PM
    But what about extension based on appeal

    You can file extension based on labor. are you in eb2 0r eb3?





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  • Anders �stberg
    April 8th, 2004, 04:12 AM
    Thanks for the suggestions Fred! I applied a bit more sharpening to the head, I think it's not so OOF looking now. I'll have a go at cloning out the twigs later, it looks a bit difficult but it could be fun trying.



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  • satyasaich
    12-02 09:51 AM
    For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)

    Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)


    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.





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  • gc2
    09-10 02:05 PM
    Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?

    Is this a valid circumstance. Has anyone been in a similar situation.



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  • needhelp!
    10-10 04:05 PM
    Date: Saturday, October 13, 2007
    Start Time: 4:00 PM Central Daylight Time
    Dial-in Number: 1-785-686-2400 (Kansas)
    Access Code: Available to members of TX State Chapter (http://groups.yahoo.com/group/texasiv)

    Please join the upcoming call for updates on current activity/future plans.





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  • 485Question
    10-25 11:56 AM
    Please



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  • gchodhry
    02-28 01:28 PM
    Hi,

    I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?

    In case I apply H1 from other employer, in that case what would be the impact on my green card application?

    Please suggest.

    Thanks,
    Gagan Chodhry





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  • razis123
    05-28 01:48 PM
    If you are actually using the EAD you cannot work in the interim though. Just an FYI
    how will the uscis know that during the interim period my work is authorized and not mistake it saying the EAD is expired and does an RFE?



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  • uma001
    08-31 01:25 PM
    My current reporting structure with my employer is:
    Client -> Prime Vendor -> Consultant X -> My employer

    Another consultant is ready to transfer my visa and the reporting structure there is

    Client -> Prime Vendor -> My employer

    A prime vendor (not the same client) is also ready to transfer my visa

    Client -> My employer


    I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

    Is there a way I can ask an attorney directly (I am willing to pay for that service)

    Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.





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  • chna
    06-30 11:46 AM
    Hi Friends,
    I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
    Any thoughts or advice on this? Appreciate all the help.
    Thanks a lot.





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  • rb54321
    07-27 08:41 AM
    Hi,
    I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

    Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.

    Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!





    supers789
    09-15 03:04 PM
    In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --





    starscream
    09-10 09:40 PM
    Friends please see situation below:

    My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.

    I got experience letters from 2 of my previous employers as proof of experience:
    Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
    Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.

    Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.

    There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.

    Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???

    Thanks



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