Wednesday, June 8, 2011

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  • copsmart
    12-28 06:34 PM
    I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

    My take:

    AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

    In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

    The above said information is purely based on my knowledge and may vary from an Attorney�s view.

    Good Luck!





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  • abdulazeez77
    08-14 07:13 PM
    Should I send my orginal I-797 with her or just the copy?





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  • hmehta
    08-08 03:36 PM
    No problem - we are all here to rant...and find solutions....so don't feel bad abt it:)

    I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.

    How did your GC process turn out? Any RFEs because of this?

    Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.

    Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.

    Sorry about the rant and thanks for hearing me out.





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  • nixone
    07-30 05:02 PM
    I applied on April 17th and got it approved on May 30th.

    EB2 or EB3? Master's degree or BS + 5 years?



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  • rameshk75
    02-14 06:45 PM
    i agree with crystal. If you are not yet married, i would advice to get married soon. Once if you plan to jump on EAD, it is not easy to come back to H1. If you apply for h1 extension, you have get it stamped..





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  • H1B-GC
    11-06 04:24 PM
    Does bad credit history or defaults affect getting a job?
    Any ideas?

    Most companies and Financial sector in particular check the credit History.Dont you worry on a 30 day late payment 2 years back .They wont be so mean i guess. But filing for Bankrupcy or a History of late payments would raise a red Flag.



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  • xu1
    08-07 09:32 AM
    http://www.flcdatacenter.com/OesWizardStart.aspx

    Try this DOL wage library for a start. EB2, i guess, needs a level4 wage in your area.

    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron





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  • outlook2
    07-18 04:34 PM
    Hello All
    My attorney has scheduled conference call for all the AOS issues (after the yesterday's update)

    All of you are welcome to listen the recorded version
    details are
    1-800-475-6701 access code 881306. The reply will be available after 6.30 p.m. today

    Thanks IV again

    PS: This 1 hr recorded discussion will answer some of the questions regarding fee hike/advantage of paying fee hike etc



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  • Robert Kumar
    02-25 12:04 PM
    The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

    And not to affect your long term stay in the country, it is better to leave the country immediately.

    One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
    What does this mean.





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  • sbabunle
    01-22 06:07 PM
    Dear Core Group,

    We all understand that IV core group is sacrificing a lot. We all know
    that you guys have families, job and thousand other good things to do. But
    you guys have chosen to fight this menace.

    There are some members who wanted to see the spending or doubt
    the motives of core group. But let me assure that, those who doubts IV are a very few.

    Thanks a lot core group. You guys are doing a monumental job!!!!!

    I request all the members to put a "THANK YOU" to the core group on this thread

    babu



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  • nath.exists
    11-02 11:41 PM
    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
    6.)Does she also have to do MS to use cross chargeability and file in EB-2





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  • 485Question
    10-11 12:51 PM
    Did your certificate says your completion date or it just have the certificate issue date?



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  • go_guy123
    12-06 09:15 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

    Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.


    Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.





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  • felix31
    12-13 03:32 PM
    this is simple. Enforcement results will show that illegal people are bigger threat when they are illegal. Guess what the remedy is, legalize them aka CIR.

    I am ready to hear this on the local news "Latest research shows that legalizing the undocumented workers is actually better for the american public" :p

    LOL :D :D Whenever I see your signature I realize that I should be working on plan B instead of endlessly hoping to see a GC within my lifetime...:D



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  • perm2gc
    06-20 12:09 AM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote
    he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.





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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.



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  • dontcareanymore
    07-30 03:49 AM
    I read about new guidelines about not leaving USA before applying for reentry permit and biometrics are taken. Please see the note below:

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/992527a7be4829e88525748a007ab59f?OpenDocument

    If the link does not work, fo to fragomen's web site , select resources --> US Immigration head lines and the following topic:

    USCIS Clarifies Biometrics Requirement for Reentry Permit Applicants.

    I am sure other immigration firms have similar info.





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  • makemygc
    07-26 09:21 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.





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  • h1techSlave
    01-05 11:57 AM
    Is Eb3 --> Eb2 porting a wide spread phenomina?

    Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs





    kiran_k02
    01-17 02:53 AM
    I got my Visa documents on 15th Jan to Hyderabad, they stamped my visa on 13th Jan. Fortunately I didn't have to wait for long for PIMS update.

    FYI: I did not call embassy prior to my interview.





    ttdam
    11-07 04:09 PM
    Hi ttdam:
    Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?

    My 485 was sent to TSC and then Fwd to VSC and came back to TSC. It never went to NSC

    EAD was issued from VSC, AP query for PP copies was issued from VSC as well



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