Thursday, June 16, 2011

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  • loveiv
    07-29 10:54 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.

    Did anyone get 2 year EAD when they did not file labor?

    If you think this question is stupid, and same with the above one too.





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  • veni001
    06-22 02:44 PM
    Make sure your LCA and H1B will be amended with the promotion first....

    I have been working with my current employer for the last 5 years in job title
    A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
    one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
    experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

    For the purpose of EB2 labor for the new position, I need to show 1 year of
    work experience.

    Question: Would I be able to use/show the work experience I
    gained when I was working in job title A with the same employer? i.e. Will I
    be able to use on-the-job work experience that I gained before I was promoted
    to the new position? Remember, the current job title B (for which EB2 labor is
    being filed) and requirements are significantly different from the previous job
    title A and requirements (which only qualified for a EB3). Have anyone got their
    labor approved in EB2 with work experience from the same employer? Are there any
    USCIS published documents that coult clarify this?

    I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
    labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
    what is the exact procedure for doing that?

    Is the attempt to process my labor in EB2 completely independent of my
    existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
    EB3 approved labor and I-140?

    Thanks much for your time in helping clarify this.





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  • rbharol
    08-23 02:25 AM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.

    Dixie and Other experts,

    See copy-paste from the bill below:
    It seems that Aliens who have earned Masters degree outside US 'AND' has
    3 years experience in related field are listed along with those who have
    masters or higher degree from US.

    check sections (F), (I) and (K) below.

    Does it mean non-US masters with 3 years exp too shall be excluded from
    the numbers quota?

    --------------- copy paste begins --------------------------------
    WORKERS EDUCATED IN THE UNITED STATES
    SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

    (a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
    (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    ��(F) Aliens who have earned a master�s or higher degree from an accredited
    United States university.

    ��(G) Aliens who have been awarded medical specialty certification based on
    post-doc-toral training and experience in the United States preceding
    their application for an immi grant visa under section 203(b).

    ��(H) Aliens who will perform labor in shortage occupations designated by
    the Secretary of Labor for blanket certification under section
    212(a)(5)(A) as lacking sufficient United States workers able, willing,
    qualified, and available for such occupations and for which the
    employment of aliens will not adversely affect the terms and conditions
    of similarly employed United States workers.

    ��(I) Aliens who have earned a master�s degree or higher in science,
    technology, engineering, or math and have been working in a related
    field in the United States in a nonimmigrant status during the 3-year
    period preceding their application for an immigrant visa under section
    203(b).

    ��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
    have received a national interest waiver under section 203(b)(2)(B).

    ��(K) The spouse and minor children of an alien who is admitted as an
    employment-based immigrant under section 203(b).��.
    ------------------------------ Copy paste ends --------------------





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  • rock581
    07-18 05:32 AM
    Thank you all for replying.

    Well I will surely consult the attorney but they will be too busy now to answer some trivial questions. My attorney doesn't respond soon enough and I might have to take some decisions soon in the next couple of days.

    My spouse got his visa stamped. So he is all ready. I was thinking if my spouse could come on Aug 10th get the formalities done and leave for Canada on Aug 14th and come back after cumulative 365 +4 days are over on Aug 22nd then shouldn't it work? I am guessing he should be eligible to get his H1 next year .



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  • canmt
    11-16 08:46 AM
    The term permanent does not mean forever; after you apply AC21 and inform USCIS regarding your intent to change employer you can stop worrying about working for the gc sponsored employer.

    But if you stick with your gc sponsored employer till you get your green card; then you cannot use AC21. It is not clear as to how long you need to work for the gc sponsored employer. Most of the lawyers say 1 year is a good time to change employer after getting gc but there is no law binding on such things.





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  • wandmaker
    10-04 11:35 PM
    GOOD. IV will be free from some head ache.:)

    Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871



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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).





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  • gccovet
    08-04 08:58 AM
    This is a small idea and let us see if it works.

    We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.

    I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.

    Suggestions are welcome.


    Done!!!



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  • eb2dec2005
    02-24 03:01 PM
    I did not see any updates on my I140 but just the update on my already approved H1b case.

    If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?





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  • serg
    07-16 05:33 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?

    Thanks,
    GK

    Oct 16, 2006, still there, no updates



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  • Hermione
    09-25 01:45 PM
    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.





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  • greenguru
    03-28 06:54 PM
    Talk to a lawyer and get it done.

    Should take about 1 hour to write the mail. Even for extension it you would take the same time to write.

    Good luck. Yours will be approved soon.

    tks,



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  • tabletpc
    12-12 02:59 PM
    Vallabhu :

    You are wrong...!!!! No one cares your status while elaving the country . its only when you are entering they make sure everyone has proper docuemnts. Also while surrendering the I-94, it is similar to collecting movie tickets. They jsut take and keep it asside.

    As of the leaving with 485 receipt, its better to leave with an AP. Aslo contact Attorney on this.


    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .





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  • CRAZYMONK
    08-11 09:17 AM
    cademic Evaluation Services, Inc.
    11700 N 58th Street G & H
    Tampa, FL, 33617
    Phone: (813) 374-2020
    Fax: (813) 374-2023
    email: info@aes-edu.org
    Website: Academic Evaluation Services (http://www.aes-edu.org)

    cademic Evaluation Services, Inc.
    11700 N 58th Street G & H
    Tampa, FL, 33617
    Phone: (813) 374-2020
    Fax: (813) 374-2023
    email: info@aes-edu.org
    Website: Academic Evaluation Services (http://www.aes-edu.org)

    The Foreign Educational Document Service
    PO Box 4091
    Stockton, CA 95204
    Phone (209) 948-6589
    Fax (209) 937-0717
    Center for Applied Research, Evaluations & Education, Inc.
    PO Box 20348
    Long Beach, CA 90801
    Phone (562) 430-1105
    Or (562) 430-2030
    Fax: (562) 430-8215
    email: evalcaree@earthlink.net

    Foundation for International Services, Inc.
    14926 35th Avenue W.
    Suite 210
    Lynnwood, WA 98087
    Phone (425) 248-2255
    Fax (425) 248-2262
    email: info@fis-web.com
    Website: Home | FIS Translation and Foreign Credential Evaluation Services (http://www.fis-web.com)
    Education Evaluators International, Inc.
    11 South Angell Street #348
    Providence, RI 02906
    Phone (401) 521-5340
    Fax (401) 437-6474
    email: eval@educei.com
    Website: Education Evaluators International (http://www.educei.com)
    Global Credential Evaluators, Inc.
    P.O. Box 9203
    College Station, TX 77842-9203
    Phone: (512) 528-0908
    Fax: (512) 528-9293
    email: gce@gceus.com
    Website: Global Credential Evaluators, Inc.. (http://www.gceus.com) or Global Credential Evaluators, Inc.. (http://www.gcevaluators.com)

    Education International, Inc.
    29 Denton Road
    Wellesley, MA 02482
    Phone: (781) 235-7425
    Fax: (781) 235-6831
    email: edint@gis.net
    Website: Credential Evaluation Services from Education International, Inc. (http://www.educationinternational.org)
    Globe Language Services, Inc.
    319 Broadway
    New York, NY 10007
    Phone (212) 227-1994
    Fax (212) 693-1489
    Educational Credential Evaluators, Inc.
    PO Box 514070
    Milwaukee, WI 53203-3470
    Phone (414) 289-3400
    Fax (414) 289-3411
    email: eval@ece.org
    Website: www.ece.org

    Global Services Associates
    2554 Lincoln Blvd. #445
    Marine del Rey, CA 90291
    Phone: (310) 828-5709
    Fax: (302) 828-5709
    email: info@globaleval.org
    Website: Global Services Associates (http://www.globaleval.org)
    Educational Perspectives, nfp.
    P.O. Box 618056
    Chicago, IL 60661-8056
    Phone: (312) 421-9300)
    Fax: (312) 421-9353
    email: info@edperspective.org
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    625 Barksdale Road
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    Phone (302) 737-8715
    Fax (302) 737-8756
    email: icd@icdel.com
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    601 University Avenue, Suite 127
    Sacramento, CA 95825-6738
    Phone (916) 921-0790
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    Toll Free: 866-411-3737
    email: edu@eres.com
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    PO Box 3665
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    Phone (310) 258-9451
    Fax (310) 342-7086
    email: info@ierf.org
    Website: IERF - International Education Research Foundation, Inc. (http://www.ierf.org)

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    email: facs@aol.com
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    Fax (212) 739-6100
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  • swarnapuri
    05-12 10:41 AM
    kosu & vsoni! Congratulations!





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  • canmt
    11-16 08:46 AM
    The term permanent does not mean forever; after you apply AC21 and inform USCIS regarding your intent to change employer you can stop worrying about working for the gc sponsored employer.

    But if you stick with your gc sponsored employer till you get your green card; then you cannot use AC21. It is not clear as to how long you need to work for the gc sponsored employer. Most of the lawyers say 1 year is a good time to change employer after getting gc but there is no law binding on such things.



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  • RamBharose
    03-13 01:42 PM
    Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.

    i did not get it, what it has to do with h1b process?





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  • agiridhar
    01-28 02:07 PM
    from dallas.





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  • DDD
    11-23 03:49 PM
    why does your medal say #7.....heehee





    ganguteli
    02-03 01:54 PM
    Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.

    Go back...

    Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.

    Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
    :D:D:D:D





    madanreddy
    03-14 08:09 PM
    I was 5 years with this company. paid all GC and every legal expenses from my pocket, filed GC couple of times, big time screwups.

    flight tickets! If they pay my pay checks I will be happy.

    Only mistake I did was to follow rules :)



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