Friday, June 24, 2011

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  • aarzoo
    02-02 04:48 PM
    I have a labor approved for the requirement:
    "Must have BS in CS, EE or related field w/5 years of related experience"

    EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

    Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.




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  • casper21
    07-27 11:14 AM
    Hey ags,
    Sorry for asking many question, when you are trying to find answers to your problem.
    I'm trying to figure out my situation, you have replied "As long as marriage is before 485 it can be applied." : before 485 means the day of filling the I 485 or the day of I 485 Approval ?

    Which means I can do just the registration of the marriage in my desi (legal) before the I485 approval, then come back to USA, apply for Counsular processing (I485) for my spouse with in 180 days, once spouse's application is approved spouse can come to USA?
    *** IS this possible?




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  • senthil1
    04-14 09:58 PM
    Even though your employer made you to fake your experience you accepted that. If your employer or anyone complaints about faking your experience you may be in serious trouble especially if you put USA experience. That could lead to fraud charge (In case if anyone reports to FBI) in extreme case. But I did not hear any cases like that in past because no one made formal complaint to government agencies.

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?




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  • hiralal
    05-13 07:06 AM
    I agree with the above ..I guess they come up with visa usage statistics and that will give us an idea ..btw ..unemployment will not come down for years and because of recent swine flu ..CIR will have more opposition .. right wing republicans will call for more deportation rather than more open borders !!!



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  • dealsnet
    09-08 11:22 AM
    If you don't have free long distance phone, call to this number will be charged. If you are calling from cell phone, the minutes will be reduced. It is normal for using calling card. But this is free. No toll free number for calling.

    On the website it says...


    * Calls to Access numbers will be charge by local operator.


    Any ideas what these charges are?




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  • md_jul_03
    08-06 03:55 PM
    I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
    It does not need a attorney or spies. You just need to work up the numbers.
    I did this only for INDIA. Any chinese can complile it for China.



    MONTH EB2 EB3
    Aug 05 C 01APR01
    Sep 05 C U
    Oct 05 01NOV99 01JAN98
    Nov 05 01NOV99 01JAN98
    Dec 05 01JUL00 1-Jan-99
    Jan 06 01JAN01 01JUN99
    Feb 06 01AUG01 01JAN00
    Mar 06 01JAN02 01JAN01
    Apr 06 01JUL02 01FEB01
    May 06 01JAN03 01MAR01
    Jun 06 01JAN03 08APR01
    Jul 06 01JAN03 15APR01
    Aug 06 U 01APR01
    Sep 06 U 15APR01
    Oct 06 15JUN02 22-Apr-01
    Nov 06 01JAN03 APRIL01
    Dec 06 08JAN03
    Jan 07 Jan03 May01
    Feb 07 Jan03 May01
    Mar 07 Jan03 May01
    Apr 07 Jan03 May01
    May 07 Jan03 May01
    Jun 07 Apr04 Jun03
    Jul 07 C C
    Aug 07 U U
    Sep 07 Jan03 May01
    Oct 07 Jan03 May01
    Nov 07 Jul03 June02
    Dec 07 Jul03 Jun02
    Jan 08 Jan04 Jun02
    Feb 08 Jan04 Jun02

    Here is my analysis.

    Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
    Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
    Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
    For EB3, they like to get it stuck at mid year so Jun02.

    Guys, give a thought to this trend and see if you can guess more accurately.

    Interesting analysis.

    I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html



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  • nixstor
    09-21 09:43 PM
    Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.




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  • gotgc?
    02-04 09:52 AM
    My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.

    I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.

    Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....



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  • Humhongekamyab
    08-20 03:17 PM
    I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.




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  • msyedy
    12-13 01:29 PM
    I like your thoughts

    I would want a faster GC for many things
    a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.

    b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.

    my two cents



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  • lecter
    January 4th, 2005, 11:34 PM
    nice work. the technique works well. I like to make these moodier.....
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    http://www.fredmiranda.com/hosting/data//501/7236BW-HL2C9756-med.jpg




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  • aravindhome
    04-29 01:02 PM
    Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....

    a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....

    b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......

    c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...

    Hopefully, these suggestions come in handy for you....... All the very best....



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  • gsc999
    06-29 11:12 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
    ---
    satyasaich,

    I am sorry for the misunderstanding. It seems my attempt at sarcasm didn't work.

    CIR is not amnesty. It is a solution to a problem. People who label CIR as "amnesty" are narrowly viewing the legal definition rather than taking the broader view of trying to solve the problem of immigration. The issue here is not what is the legal definition of amnesty but a comprehensive solution to immigration.




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  • green_card_curious
    03-08 10:17 AM
    This is EXACTLY the confusion. My case is explained below:

    1. I am on H1-B - havent used my EAD yet
    2. My wife has and is currently using her EAD though
    3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.

    So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...

    Ideas? Suggestions? Examples?

    Thanks,



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  • Lydia
    06-18 11:24 AM
    I understand it is law but he is denying... I did offer him money, but he says a big NO.




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  • Kalidindi
    07-30 12:46 PM
    I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,



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  • NKR
    02-13 03:56 PM
    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks

    You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.




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  • vxb2004
    11-26 11:32 AM
    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris



    Kris,

    Thank you very much. Appreciate your input.




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  • GCBALAK
    03-18 12:57 AM
    I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

    I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

    My questions:

    1) Can I start / partner with a friend who is a US Citizen?

    2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

    3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

    4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

    5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

    Any tips / advice from the experts will be highly appreciated.




    lazycis
    12-11 06:00 AM
    wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...

    That was exactly my situation - working on H1 and having EAD just in case. I was not planning on changing jobs and H1 was just extended for another 3 years so I think I waited almost a year (after EAD expired) before applying for EAD renewal. I do not see why you cannot file it from outside the US if you file by mail. There will be an issue if you e-file as you will have to appear at the ASC to have your picture taken. So file by mail, all you need to send is form I-765, a copy of I-485 receipt, a copy of current (old) EAD, 2 photos and a check for $340 payable to DHS.




    syedajmal
    07-28 09:40 AM
    I just filed for my I-140 in EB2 and I am from India. I would like to know what happens in these circumstances

    1, I get laid off from my company before the Approval of my I-140

    2, I get laid off after the Approval and before I can file my 485( Is there a window of certain days that make a difference afte the approval even if I cannot file my 485)

    At this point I have a good relationship with my employer and I don't see a reason they will cancel or revoke anything that has been filed for me.

    Thanks in advance for your replies.



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