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  • rayoflight
    12-21 01:51 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread!

    Thanks for asking Pushkar. I did.





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  • pune_guy
    02-19 05:20 PM
    I would suggest that you follow the option of joining some other company, if that is possible. You would be joining with enough experience so as to qualify for a new EB2 application. You can retain your EB3 application and priority date if 180 days have passed since filing 485, which in your case has happened so you are OK.

    Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.

    Just my two cents.





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  • arkie2916
    July 15th, 2004, 07:52 PM
    Anders these are just fantastic!! Keep up the great work.

    Bev





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  • balu_g
    01-06 08:07 AM
    Hi Mayra75, Yes this is a bad situation for immigrants. Hope it will be resolved in 2006. If you dont have any other option, you can look for a job in a University or a Non-profit organization which does not come under the cap.



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  • imv116
    06-06 05:26 PM
    Hi,

    I have some questions in regard to using AC21.

    Using AC21, what are the risks involved with I140, provided it is:
    1. Already approved and more than 180 days after filling I485?
    2. New job/position is “same or similar” as mentioned in I140?

    Situation:
    1. Employer wants to revoke the I140 or in way threatens
    2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.

    Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?

    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    http://www.murthy.com/news/UDportme.html

    Please give your suggestions

    Thanks All,
    IMV116





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  • veereddy
    03-13 12:20 PM
    Congratulations and Best Wishes to you and your family.



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  • americandesi
    08-11 05:39 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.

    What you say holds good only if employer A had already paid the proffered wage during those 6 months.

    Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.

    Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.





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  • SanjayP
    07-05 04:47 PM
    As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.



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  • ivy55
    07-17 09:26 PM
    How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?





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  • karthkc
    03-27 05:47 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

    What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

    In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

    If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

    Hope that helps!

    --Karthik



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  • satishku_2000
    10-05 06:53 PM
    If your jobs requires masters in computers or equivalent experience in computer related field.. get ready to answers to questions such as "How a 3 year degree in zoology or botany is equivalent to masters in computer science" at I 140 stage. One has to be ready for possible denial at 140 stage too.. Given the way NSC is processing 140s now a days , you should probably have a plan B in place if you dont have enough time left on H1b





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  • brb2
    08-06 01:22 PM
    Honorable Senator Specter

    Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?

    Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?



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  • eb2_mumbai
    09-11 10:27 AM
    I can share my experience. I had BE + 3 Yr Exp + MS + 1.5 Yr Exp when I filed for GC. My employer filed the labor that was MS + 0 Yr exp. He said we cannot claim 1.5 Yr post MS since it was in house experience. The experience I gained after BS was not eligible so he said the post would go as MS + 0 . We did attach my experience certificate for work after BS (nothing for work experience in the same company) as supplimental qualification.

    I know lots of friends working in expedia who were hired from our graduate school and their labor were all MS + 0 in EB2





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  • balan2008
    07-08 01:19 PM
    Thanks guys for your valuable support and advice.

    balan.



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  • hary536
    05-19 03:17 PM
    Hello Pappu, can you please move this post to the "Ask a Lawyer" forum. I intended to post it under that forum. But i think due to duplication you moved it to the other forum. Pls, post it to Attorney forum. I really need some advise in this case. Thanks.





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  • somegchuh
    07-17 03:36 PM
    Just got back from Canada. It was really straightforward.

    Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
    On the way back showed green cards, again no questions....

    Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D



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  • karanp25
    07-21 05:08 PM
    I assume he can use the AP after October 2008 for his travel--correct?



    This is trouble.

    They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.

    On this AP - a big NO.

    I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?





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  • visafreedom
    07-03 11:15 AM
    Well, here are the thoughts.

    American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

    If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

    Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

    Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.





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  • dealsnet
    08-04 03:28 PM
    I think the abused spouse cause is for the people getting GC with family based catagory. The temporary GC holder after marriage can do this with the help of the lawyer. The spouse abuse and all kind od stuff, to get GC if the husband/wife is not supportive. I know a person got that way after he is abused by his wife and got separated after she bring him from India.
    For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
    Talk with a lawyer to find out the options.
    Best way is to reconcile with the husband.

    She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.

    If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer

    Rajesh





    tikka
    07-06 11:44 AM
    If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??


    if dates are retrogessed you get 3 year extensions..
    if they are not then you apply for 485 :)





    MahaBharatGC
    10-23 05:21 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.

    Plz, this is common sense...don't ever buy one-way ticket if you want to be under the radar...



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