пятница, 10 июня 2011 г.

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  • martinvisalaw
    04-19 02:44 PM
    Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.




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  • martinvisalaw
    02-15 06:54 PM
    You or your wife's country of birth is important factor in whether you will save much time by being EB-2. If you are from China, your EB-2 priority date (PD) would be about 2.5 years ahead of the EB-3 date. However, since it could take 2 years to get a new PERM and I-140 approved, it wouldn't save much time. For India and other countries that are current, the difference might be worth it. Of course, your employer has to be willing to go through the work and expense of redoing PERM and the I-140, and must have an EB-2 position available for you.




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  • leo2606
    09-15 08:07 PM
    andy_8214,

    You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.

    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"




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  • mattresscoil
    11-05 01:03 PM
    Fellow IVians:

    Background:
    We are one EAD/AP. (may not matter in this scenario but still mentioning)
    My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
    She has been living in India with her Grand Parents for the past one year.
    She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.

    Question:
    Since both parents are not accompanying the infant is there some documentation needed?
    Has anyone done this before? Can you please post your experiences and suggestions?
    I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?

    Any information will be sincerely appreciated

    Thanks, Mattresscoil!!



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  • raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj




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  • manishcp
    06-02 08:08 AM
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  • matreen
    08-27 09:43 AM
    If university is not accredited with ABET, USCIS won't accept this masters for EB2?

    I believe there are lots of other universties are not accredited with ABET and and who have done their masters from these universities they are getting EB2 approvals?

    Thanks,
    Matt

    .....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o




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  • isedkeem
    12-04 03:53 PM
    Somebody needs to look at the issue of mismatch between increased H1-Bs and visa numbers for greencards. Otherwise the current green card backlog for some EB countries will only widen leading to untold suffering for people from many countries. Maybe they should have a new visa similar to H1 but which does not allow the holder to apply for a green card. The better solution is of course recapture of visa numbers. Simply increasing the H1-B quota will be quite detrimental.



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  • chanduv23
    09-04 10:41 PM
    My apologies for those who signed for this event. This has been called off. A decision was made by Chapter volunteers in the Tri State Conference call tonight.

    THANKS FOR THE UNDERSTANDING




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  • mk26
    12-21 01:35 AM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK



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  • gc28262
    07-15 09:41 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    OR
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.

    I am not a legal expert.

    For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.

    The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.

    BTW my I-94 expired more than a year ago when I switched over to EAD.




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  • urstruly
    07-26 09:51 PM
    My friend has a unique situation. Please help out with your advise.

    He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).

    Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.

    Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.



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  • bp333
    09-25 04:41 PM
    http://www.cnn.com/2009/POLITICS/09/25/navarrette.obama.immigration/index.html

    By Ruben Navarrette Jr.
    Special to CNN

    Editor's note: Ruben Navarrette Jr. is a nationally syndicated columnist and a regular contributor to CNN.com. Read his column here.


    Ruben Navarrette Jr. asks why the nation's chief multitasker can't take time for immigration reform.

    SAN DIEGO, California (CNN) -- President Obama has placed the immigration reform community at the back of the bus.

    This same president who insists the country can't wait to fix what he calls a broken health care system tells reformers to wait for him to get around to fixing what they consider to be an equally broken immigration system.

    The same president who tried to juggle a half dozen major policy initiatives in his first few months in office now seems unsure of his ability to -- as he told Univision's Jorge Ramos in an interview last weekend -- "solve every problem at once."

    And the same president who seems to understand that the longer he waits to accomplish health care reform, the more difficult it will be to get, doesn't seem to understand the same is true with immigration reform.

    The political math for both kinds of reform only gets more difficult if Democrats lose seats in the House and Senate in next year's midterm elections, as is expected to happen.

    During a recent speech to a black-tie gala for the Congressional Hispanic Caucus, Obama again promised action on immigration -- at some point. But he didn't give a timetable.

    Obama and his advisers decided to attack health care reform before immigration reform. That obviously was a mistake.


    'Latino in America'
    The Latino population is set to nearly triple by 2050. This October, Soledad O'Brien journeys into the homes and hearts of a group destined to change the U.S. Witness the evolution of a country as Latinos change America and America changes Latinos.
    October 21 & 22, 9 p.m. ET

    see full schedule �
    One thing that has thrown a wrench into the prospects for health care reform is the Joe Wilsonian concern that illegal immigrants might get free health care as a result of the reform process. Had that issue been addressed beforehand by giving illegal immigrants a path to earned legalization, that controversy might have been defused. Now Obama might walk away with nothing.

    Be that as it may, it's clear that immigration reform just isn't a top priority for this administration.

    The White House may view this as a niche issue, one with limited impact on any group other than Latinos. If so, that shows how little they know.

    Business groups, law enforcement, border security advocates, organized labor, high-tech firms, university educators and others are all clamoring for immigration reform. For the record, Latinos care about the same issues the president seems to care about -- the economy, education and health care. But they also care about immigration because they see it as a test of political courage.

    They're well-aware of the resistance out there to giving illegal immigrants a path to earned legalization, and so they're drawn to elected officials who are willing to brave those winds in order to do the right thing.

    Does that include Obama? At this point, who knows? Time flies when a president is stalling.

    It was just several months ago that White House officials were promising that Obama would address immigration reform before the end of the year. Now that timeline seems to have been pushed back to the beginning of 2010. And with midterm elections next November, we can expect Congress to invest -- at most -- five or six months on this issue.

    Don't Miss
    Commentary: Our culture of rudeness
    Commentary: Why the shock over Joe Wilson?
    In Depth: Latino in America
    In Depth: Commentaries
    For all intents and purposes, the curtain closes when Congress adjourns for summer recess next year, since members will spend most of the fall campaigning for re-election.

    Given all that, immigration reform could easily lapse into Obama's second term, if there is a second term. For now, the president's reluctance to approach the issue in a meaningful way that goes beyond assurances to advocacy groups and promises to Hispanic audiences seems to be prompting members of Congress to take the reins.

    Both Sen. Chuck Schumer, D-New York, and Rep. Luis Gutierrez, D-Illinois, have promised to unveil immigration reform proposals in the coming weeks.

    Schumer is already behind schedule, since he said he would come up with something by Labor Day. Still, this is all a notable departure from what happened under President Bush, where it was the White House that tried to lead Congress toward immigration reform.

    Now it's the other way around. Call that what you want. But it's not leadership on an issue that demands nothing less.

    The opinions expressed in this commentary are solely those of Ruben Navarrette Jr.




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  • gc_on_demand
    08-06 02:37 PM
    Hello All

    Friend of mine is applying for I 485 . And confused about One perticular question in form. Question is

    Have you received public assistance in the United States from any source, including the U.S.Government or any State,county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future? YES / NO .

    His wife had used Medicaid and WIC for prenetal care when she was on F2 Visa. My Friend was in F1 visa by that time. He took opinion from two different law firm and got totally different response. One firm says Medicaid and WIC are not part of public charge so donot put YES there. Another firm is asking to put YES and explain in seprate sheet. Does any one has same or simillar situation and already filled I 485 or got gc.

    These are docs I found on USCIS for public charge

    http://www.uscis.gov/files/article/public_cqa.pdf


    http://www.uscis.gov/files/article/Public.pdf

    http://www.uscis.gov/files/article/public_cfs.pdf


    Please help in this matter. Any suggestion welcome.



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  • rajarao
    08-19 09:32 PM
    Thanks everyone for replies.
    RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
    The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.

    Will keep posted on this forum.

    --------------------
    EB-2/ India/
    PD 06/2004




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  • gcmaya
    10-30 09:59 AM
    Thanks!



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  • dan19
    08-22 03:23 PM
    Hello EB2ToEB3

    Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?

    Thanks for your earlier reply.

    Dan

    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.




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  • ajm
    05-25 08:16 AM
    Opening a new thread to discuss the Gregg amendment which passed the Senate yesterday.




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  • sprobir
    09-23 12:19 AM
    I would be willing to join your chapter too - good we are doing something in Oklahoma. I will email you at raydhan@hotmail.com




    stueym
    04-04 03:33 PM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.

    Nice one, although you are 2 days too late with your "special" news. :D




    glus
    11-06 03:47 PM
    glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.

    Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.

    OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?



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