Sunday, June 12, 2011

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  • pom
    05-27 09:16 AM
    Come on, don't be modest, you deserve this!




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  • ItIsNotFunny
    07-18 01:26 PM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/


    Flowers have come out as a very good weapon for us. Lets not waste it using everywhere.




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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date




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  • iamlost
    07-25 10:44 AM
    In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.

    Do you know the reason for your notice?
    In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.



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  • ani123
    01-02 01:34 PM
    Hi Guru's

    My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.

    RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.

    But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.


    But surprised to see this denial letter.


    My attorney is confident that we would win the case if we appeal against the decision

    what are my alternatives now and how long is it taking now to process this appeal.



    Sorry to hear. But I suspect a retort to this REF saying Mathematics is the major from the same professor could do. But I think they will approve your case anyway. What is service center you applied.




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  • chi_shark
    09-09 04:30 PM
    :eek:

    What the h### am i getting the red dots for anyway? it looks kinda cool!



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  • cagedcactus
    11-21 06:54 AM
    Yes pappu, you are right.
    I just sent the email explaining the proper differences between H-1B and Immigration catagories.




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  • anjans
    04-29 06:21 PM
    Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.

    America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)



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  • anai
    07-19 08:03 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.


    This is incorrect.

    The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

    Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

    This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

    Also, if any of the answers on this thread were useful, consider contributing to IV.




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  • desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.



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  • GC08
    01-28 04:16 PM
    Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:

    In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?




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  • jonty_11
    01-22 12:52 PM
    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK
    what does your lawyer say????



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  • the_jaguar
    01-25 05:42 PM
    TOI = Tabloid of India




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  • Ramba
    05-01 11:21 AM
    If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.

    If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.



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  • jkays94
    04-09 11:22 AM
    Its still better to try than not to try at all. If any IV members are in Sensenbrenner's, Peter King's (NY) (co-sponsor HR4437) districts as well as Lamar Smith's (TX) they could try and set up some meetings. I think meetings may potentially have a positive effect. As is evident from other postings, some congressional staff members do not know the difference between GC's and H1-Bs, others view high skilled workers the same way they view low skilled workers, and others have no idea about the hardships EB applicants go through, yet it is these same staff members who are charged with keeping the law makers informed or conducting research. While it might be futile to try in some of these cases, it doesn't hurt to do so.




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  • srh1
    10-30 11:19 AM
    bluez25 ....thank you so much for your reply.

    addsf345 looks like you have a chicken head.

    you dont have the common sense to understand the thread might be useful for people like me who could'nt decide whether to jump to a new employer with in 6 months or not as it would trigger any problem during Naturalization.

    Seeing your comments i see your jealous of others getting GC. Change your thinking as the question which i asked at some point or the other you will also have the same question then at that point you will look like a chicken.



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  • satishku_2000
    02-21 01:09 PM
    I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.

    I try to access the page now and it shows the old one ...hehe :mad: ..

    Hopefully they are in the process of correcting/retracting ...




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  • gc_check
    10-07 05:32 PM
    Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..




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  • amitjoey
    12-04 01:21 PM
    I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
    As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
    My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.


    lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr




    gc_chahiye
    08-05 11:54 PM
    the number 75K by 7/27 came from USCIS not Pederson

    can you post a link please? I read through their press releases on their website and did not see this, must have missed it.

    thanks for clarifying that.




    BharatPremi
    03-19 07:59 AM
    I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

    I need help on this as I do not want to terminate my job from my side.

    Any advice will be appreciated.

    Thanks,

    You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.



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