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Tuesday, July 5, 2011

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  • CPUWiz
    12-14 11:30 AM
    There have been many issues with USCIS and three year degrees from Canada, India and the UK. If you want to fight this then you have to prove that your education is equivalent to a US bachelors which many of the degrees from some countries are. You cannot use experience towards adding credits to your degree when dealing with an I-140 like you can for a H1B visa. Two years equals an Associate degree - three year bachelors programs can be (and have been) proven to equal a US bachelors.

    This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.

    Sheila Danzig, Director
    Career Consulting International
    www.TheDegreePeople.com
    1.800.771.4723 (toll free voice)
    1.866.585.1409 (toll free fax)
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  • go_guy123
    05-17 07:09 PM
    how convenient, she didnt need to pay or wait for CIR.
    Some people are only too powerful and influential that others

    Asylum is lot more easier. In fact citizens of Cuba just have to show up in US and they get GC. GC is infact easier for people from China as there is always an option to file for Asylum given the communist govt.

    In this case, though Obama said that course of law will follw. But ofcourse USCIS wont
    pursue the case agressively and give up ("throw the match") and not go for appeals etc.





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  • Suva
    07-18 03:26 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes





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  • makemygc
    06-22 11:14 AM
    Please help...

    It is not possible to save any information on PDF forms if need to correct anything later..

    Any idea how to save data on all the forms...

    No..I tried all options..even hacking pdf security, print-to-file etc.;) . I left those pdfs open in my laptop and I never close my home laptop.



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  • ca_immigrant
    04-15 08:20 PM
    So I have sent them 2 applications
    one for my daughter (add OCI to new passport) and one for my son (get new PIO)

    All have same documents and so have sent proof of address for both the applications.

    My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)

    Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...

    and now they are saying I have not sent the old passport that has the U visa.
    Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.

    Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
    and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least


    So far I must say I am not impressed with thier service...but anyways why will they care

    just venting out !!





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  • Junky
    09-10 08:05 AM
    You are late my friend:D, ppl have already started 3 seperate thread on this.

    http://mumbai.usconsulate.gov/cut_off_dates.html

    :mad:
    :mad:
    :mad:



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  • HV000
    02-06 11:24 AM
    I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?





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  • Widget
    05-25 06:51 PM
    What about validating the visas in the US? I think it was some where in Brownback amnd.

    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!



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  • GCNirvana007
    08-22 09:39 AM
    Anyone still waiting for approval whose PD is within October 2003 EB2?

    Well no one yet, thats a good sign





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  • watzgc
    02-12 07:44 PM
    Thanks lazycis for ur time to reply. is it must to fill I-9 form again to use with EAD even for the same employer. My attorney says continue as it is. mm.. confusing..

    Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
    Thanks lot again.



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  • desi3933
    02-23 03:23 PM
    If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.


    This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.


    _________________
    Not a legal advice





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  • lonedesi
    04-04 10:08 PM
    A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.



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  • Aah_GC
    08-16 11:35 AM
    I had absolutely no problems, it's all smooth as long as you carry all the supporting docs. I did have a shitty experience at JFK -- there are few morons at the POE you can't do much about.





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  • ImmigrationAnswerMan
    06-30 12:36 PM
    Changingjobs:

    You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

    Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

    You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

    I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.



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  • glus
    11-06 01:49 PM
    Guys,
    I wonder if anyone has any info about this.
    A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.





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  • Ann Ruben
    05-12 03:24 PM
    First, you should file for the extension as soon as possible to give ample time to respond to any possible RFE. To be sure you have enough time to sort everything out, you should consider paying the additional $1000 premium processing fee.

    Second, If your company employs fewer than 25 employees, and more than 7 of them are H-1B visa holders, then your employer is considered H-1B dependant and may have to meet certain requirements with regard to your salary (must be more than $60,000) or credentials (must hold advanced degree).

    Third, if there is an RFE requesting contracts, etc. I would recommend getting a letter from the product company detailing the duration and nature of the relationship with your company and confirming its ongoing nature.



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  • sanprabhu
    07-17 05:51 PM
    Guys -

    Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.

    NumbersUSA is reporting this in their website. Please we need to mobilize soon.





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  • rajeshalex
    11-18 07:07 PM
    you can check with info@alexys.us... They can help you to get the appointment.

    My H1b I did through them..

    Rajesh





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  • mattresscoil
    11-12 11:57 AM
    Hi,
    I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
    I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?

    Thanks
    smsthss:
    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)





    virtual55
    03-24 12:36 PM
    http://www.numbersusa.com/PDFs/SensenbrennerSpecterMcCainFristComparison.pdf
    http://www.numbersusa.com/PDFs/SensenbrennerSpecterMcCainFristNumbersComp.pdf

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