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Senin, 27 Juni 2011

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  • rubinop
    04-14 10:00 AM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(





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  • gc_peshwa
    02-04 11:21 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D





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  • qualified_trash
    11-30 12:11 PM
    I have Labor (PERM) and I140 approved from my current employer.
    can I apply trasfer and extension with new employer.

    Advice is highly appreciated.
    you can!!

    BUT, your new employer has to do your PERM and I140 all over again. you can retain your old PD though!!





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  • smuggymba
    09-22 07:35 PM
    Oh My God. These three won't stop, would they.



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  • Lasantha
    01-31 02:16 PM
    I am no expert but I think you are OK because of this phrase in your Labor.

    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.

    But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com


    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.





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  • lostinbeta
    05-27 05:04 PM
    Soul gets my vote, that site could cause epileptic seizures.



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  • Curious_Techie
    09-30 10:12 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.





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  • furiouspride
    04-22 12:08 AM
    enjoy food.. best place to enjoy all sorts of food in US
    By all sorts, you mean Indian? :D



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  • freakin_gc
    02-12 02:31 PM
    yeah she is second generation Indo S.African (another 3rd world country). Will you please let how to change country of chargeability with out talking to any immigration attorney

    citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.





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  • bobzibub
    09-19 05:55 PM
    Excellent Strategy

    For the lay person to understand the economic consequences of skilled immigration, one can ask what would happen if they took a million highly skilled American workers out of the economy. That would clearly be bad.
    How would the removal of a million skilled non-Americans be different? The economy as a whole would take a major hit in both cases.

    Cheers,
    -b



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  • JDM
    08-06 08:53 PM
    I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:

    Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
    Looks strange.





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  • mpadapa
    10-10 06:40 AM
    H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).

    H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/

    augustus U'r lawyer is absolutely correct. Come on folks don't scare people..


    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz



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  • snathan
    03-28 04:23 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

    For any reason if your ITIN application is separated from your Tax return, most likely they would deny the ITIN...the reason would be - You reqested the ITIN for tax filing and there is no tax return papers attached.

    I dont have any idea why it happened.





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  • sparky_jones
    02-03 02:44 PM
    Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

    It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

    I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

    Just my 2 cents,
    I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.



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  • eb3_nepa
    04-16 11:21 PM
    Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.

    Do you have any kind of documentation or a Link for this by any chance?





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  • ImmiLosers
    09-26 12:22 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks

    YES YES YES - go ahead screw your smalltime employer



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  • ksircar
    02-15 10:05 AM
    I like the idea. But, when I had raised a similar issue before, some member called it "like begging at Indian Temples".

    I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.





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  • aviv
    10-01 11:46 AM
    Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).

    Not sure how much, but PDs do matter. My is EB2 / India /July 2003 and thimgs are moving fast. I am a TSC 2nd july filer. Got my EADs, AP, fingerprint doen, LUDs etc

    Also, they messed up my first EAD appl by putting down Country of Birth as USA so I reapplied on 9/14, checks were cashed on 9/19 and Card production ordered on 9/28. I'm no expert but looking at others in the same scanrio mine seems to be moving, maybe its because of the pirority date?





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  • masterji
    10-20 01:19 AM
    I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!

    But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?

    Not a lawyer.





    fromnaija
    07-11 03:24 PM
    If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.

    So the options you have are:

    1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.

    2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.

    The choice is yours.





    quizzer
    11-01 05:39 PM
    Hello,

    I'm trying to see the list of people who applied EB2 at NSC in 2006 and still waiting for updates/result.

    Please keep updating this thread with ur dates and updates like if any SR was raised, any LUD's after ND etc.

    Mine RD is Dec 11 2006...no updates till now.SR was raised on 20th oct 2007.

    We will try to track if people get updates after posting here.

    Thanks



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