Wednesday, June 15, 2011

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  • hebron
    08-10 11:37 AM
    1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
    2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

    And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.


    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.




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  • spicy_guy
    08-10 02:30 PM
    By other poster...

    "Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
    H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
    Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
    go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
    If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
    Good Luck
    And thanks"




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  • snowshoe
    12-19 02:21 PM
    I went to Consulate General of Mexico, New York this morning, when the Visa officer asked me for my air tickets I told her that I am taking a cruise that has a stop in Calica, Mexico. She told me that a visa is not required in such cases and gave me a flyer that contains this info.

    This is a para about Leisure cruises:

    "A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."




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  • Dhundhun
    07-21 05:59 PM
    I assume he can use the AP after October 2008 for his travel--correct?

    As as dated Oct 12, 2008, on or after this date.



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  • gc4me
    07-08 04:22 PM
    Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.




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  • Munna Bhai
    09-15 11:36 AM
    great idea ...


    please keep this thread alive... we don't have much way out..we need to do something quickly and I am in favour of this idea..



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  • ramaa
    06-21 11:00 PM
    Thank you for reply.

    Can I request to port 2003 PD at the time of filing 2nd I-140

    or

    Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.

    Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.

    I appreciate your input.

    Thanks




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  • Munna Bhai
    07-12 09:57 AM
    I don't believe so.

    Only H1 transfers have no cap, apart from non-profits.......
    Isn't?


    What you said is wrong, if you are in H1b, you can switch to H4 and come back to H1 without cap but I need more input. Like if I am on H1b based on I-140 and if my spouse is on H1b non-profit. how it works!!



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  • Bogdan
    06-02 11:26 AM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.




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  • GCard_Dream
    07-13 09:10 AM
    OR change your birth country to England :)



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  • Raj2006
    06-04 10:07 AM
    lawyer paper filed april 15th
    receipt received april 27th
    received date april 16th receipt date april 26th

    last soft LUD April 30th

    no fp notice or anything since

    called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change

    seems like CSC is slow compared TSC. I dont think they issue FP notice for paper filing. There were lot of applications received by CSC in feb..i think thats what is causing the delay. please keep us updated with your status.




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  • LondonTown
    03-07 11:33 PM
    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.

    Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.

    Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.



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  • ravi.shah
    02-07 10:44 AM
    Thanks for the update !
    I am watching this... looks pretty interesting :)




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  • shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.



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  • TeddyKoochu
    06-25 02:21 PM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.

    With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.




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  • gc070922
    12-19 05:15 PM
    Husband + Wife - 1 Application

    Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
    I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?

    Thanks in advance.



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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.




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  • StuckInTheMuck
    07-15 02:14 PM
    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
    This is correct. Status changes from H4 to AOS the moment one starts working on EAD.




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  • bijualex29
    07-20 04:45 PM
    I asked this question several times, this is what the answer I got.
    To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
    I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4




    indyanguy
    12-28 02:41 PM
    I filed my 140 on July 2nd though the notice date is Sep 24th. (It went to NSC->CSC->NSC).

    Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?




    greencard07
    09-26 10:18 AM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    July 2 filer with NSC, receipt notice on Sep.7, Spouse's EAD approved and card ordered today. But mine is still pending. It seems NSC is speeding up for EAD. Good sign anyway.



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