martes, 7 de junio de 2011

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  • kevingonet796
    03-26 04:01 AM
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  • indyanguy
    02-01 07:32 PM
    Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?

    Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.




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  • waitingGC
    05-30 02:45 PM
    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.

    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?




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  • kaisersose
    10-11 02:17 PM
    There is no problem here.

    In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.

    If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.

    Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.

    In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.



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  • justin150377
    07-01 02:38 PM
    Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.




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  • caforum2
    06-18 04:33 PM
    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.



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  • ArkBird
    12-08 03:50 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...


    We are legal immigrants and most importantly - tax payers, shouldn't that be enough??




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  • latbsol
    02-25 11:19 AM
    Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.

    It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?

    Thanks



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  • manderson
    10-25 02:50 PM
    should take 2 weeks




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  • n4nature
    02-05 11:59 AM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.



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  • gimme Green!!
    07-12 02:43 PM
    Lot of times, I scan through the main threads, and only login if I have read some 'secret "for members" only' stuff, or have to post. :)
    A lot of the 1300 could be like that too.

    There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.

    Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.




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  • mbartosik
    03-12 04:08 PM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.



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  • krishnam70
    05-04 10:12 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

    Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

    Any suggestions on how to respond to this RFE.

    Thanks

    It happened to me too, though my attorney advised to correct this before filing our 485. I was forced to take a vacation by my employer to go out of country and enter getting us a new I-94. Do u have any inspection documents etc that were given at the POE you might be able to provide that as proof.

    - cheers
    kris




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  • FOR_LIBERTY
    11-13 10:59 AM
    Folks,

    I have recently moved to Houston. Count me in as a member of Texas chapter.



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  • sheela
    09-25 01:47 PM
    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.

    How to know whether NC is cleared. Is there a number to call for confirmation?




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  • pbojja
    10-24 12:22 PM
    Hi,

    I am in the same situation.

    I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.

    my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.

    lease let me know if we need to do any thing..

    Thanks,

    There is nothing like adding her to your GC.You have to apply for her 485 when your date is current again ..Nothing you can do till your dates are current again ..I guess you missed opprtunity in Sep 08 .



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  • Ramba
    06-18 06:15 PM
    485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.

    Here is the list I sent long time back.

    I-485 form
    Attachements:

    1. 140 approval notice
    2. Offer letter.
    3. Fee
    These three are very important.
    3. 4 biographic pages
    4.Medical cover.
    5. Latest I-94
    6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
    7. Bio-graphic and visa pages of old and new passport.
    8. Birht certificate.


    Dependent and Child.

    All the 3 to 8.
    1.I-134 (sponsership)
    2. Bank statemnet (no tax or w2 forms, not needed)
    3. Marrage certificate.

    Thats all.

    got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.




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  • Phat7
    10-08 04:49 AM
    Originally posted by Coppertop
    Thanks! *insert extra large grin here*

    can a mod please edit the poll as asked by Phat7

    [Deniro voice] youuuuu, you... [/Deniro voice]:beam:




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  • CRAZYMONK
    10-29 08:35 AM
    I think the bag flag against your employer triggered the query. There is not much you can do except providing all the documents they asked for.

    It is totally their discretion to give you visa or not. Keep your fingers crossed.

    All the best.




    abc
    11-06 06:09 PM
    No need to register PIO kid till 15 years of age.




    LostInGCProcess
    10-24 01:18 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.

    It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
    I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.



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