Saturday, June 11, 2011

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  • sbmallik
    05-15 03:57 PM
    I am planning to file Labor under EB2. Below is my education detail.

    3 years Bachelor Degree i.e. B.Com.
    2 years MBA(Information Technology)
    10 years pure IT experience in Java, Oracle
    5 Professional Certification from Sun Microsystem,Oracle and IBM

    Based on these education background will I have problem with EB2 labor and I-140 approval?

    Please suggest.


    FYI - EB2 category literally means either US Masters or US Bachelors + 5 years of progressive experience. In your case it is imperative to prove that 3 year B.Com together with 2 year MBA yields a U.S. Bachelor Degree in Computer Science. Moreover, the education and work experience should match.




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  • mdipi
    10-21 06:37 PM
    i heard that steve ODed on drugs, thats why he left. almost dieed.:evil:




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  • mayitbesoon
    02-04 12:44 PM
    My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.

    Contacted his HR. they say, they are waiting for reply from law firm.

    Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
    Thanks.




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  • shx
    10-17 12:10 PM
    I had an interview in San Francisco after I moved there from Denver. They just wanted to find out why I moved. They only saw my employment letter. No w2s or tax returns or paystubs. Its better to take all the usual documents though. You don't need employer tax returns for sure.



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  • Robert Kumar
    01-03 10:46 AM
    Hello,

    Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

    Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

    Thanks for information.
    So are you saying, the employer need not pay me, while I'm full time in school.
    1. How does it effect H1B status.
    2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
    3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.




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  • beautifulMind
    08-24 12:14 PM
    yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

    I work for University since 2002 with very straightforward case hence suprised

    ok..here is part 2.

    Employer was able to speak to USICIS officer. He asked

    whethere

    1) I was contractor
    2) from when I was employed
    3) Work timings
    4) exact office Location

    my supervisor asked why all these questions about location and timing they said they will do a site visit

    I feel if my app can trigger this than any other app could...

    The USICs is just getting crazy with all the bueracacy crap



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  • vnsriv
    03-27 11:02 AM
    Hi All,
    My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
    I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
    So is this correct that I can file my wife's case only when priority dates become current?
    Now the real question is how do I keep track of this.

    Option 1

    On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html

    All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES

    Employment-Based
    1st C 01JAN04 01JAN05 C C
    2nd C 01JAN03 01JUL02 C C
    3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01

    So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?




    Option 2
    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont

    I-485 Application to register **** Employement Based adjustments application March 01,2005

    Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case

    Please suggest which is the correct way to keep the track

    Thanks a lot




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  • transpass
    07-30 12:37 AM
    This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.

    His point is, it does not make sense to wait 2-3 years for a GC once his date is current.

    I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...



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  • rb_248
    10-18 12:16 AM
    rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..

    golgappa,

    Just sent you a PM. Please check your inbox.




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  • raamskl
    07-22 09:43 PM
    Read the last paragraph here:

    http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.

    I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?

    Thanks.



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  • nozerd
    02-08 11:12 AM
    Does anyone know if Transit visa is needed while travelling with Air India via London.
    Asking since you dont change planes in London... you continue on same flight.




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  • psk79
    05-30 12:20 AM
    My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.

    Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.

    Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?

    Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.

    Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.



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  • vikramy
    11-19 07:00 PM
    Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.

    Sorry to ask this question on this thread, but i think i don't have ability to create new thread?

    Can some one help please?

    My PD is Feb 2006 and I am EB3 India




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  • thamizhan
    07-17 10:46 PM
    any news about the unused visa numbers to be recalled ?



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  • chandrajp
    08-15 03:26 PM
    I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
    Today (08/15), I got a mail with contents
    "Current Status: Response to request for evidence received, and case
    processing has resumed"
    Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
    Do they still continue to approve the cases after Aug 17th?

    I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close




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  • justareader
    09-14 02:49 PM
    Count me in !



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  • bbct
    02-01 03:13 PM
    Thanks for each on every one of you!

    some gave me red, its ok.

    I had a problem which I though of sharing, may be some one could provide some insight.

    It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.

    But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.


    Could you please share the city and apartment complex name so other people are aware and would be careful in moving?




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  • raju_abc
    07-23 11:20 AM
    It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.

    ya , in ur words agents




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  • Tommy_S
    03-08 02:35 AM
    heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... you all should've kept your stuff under wraps until the end
    Voted for mlkedave. I like the style.




    mantagon
    09-23 02:12 PM
    to convince them by saying that if a person can legally work in the US, a fact they acknowledge, the person can very well study! I don't think there would be any law that explicitly states this because it seems to be illogical that someone can work legally in a country, but not study! The reverse makes sense and that's why there are explicit laws about that. Good luck!




    sc3
    08-09 02:42 PM
    Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.

    Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.



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