Thursday, June 9, 2011

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  • ivar
    01-21 03:57 PM
    What an irony, these guys will not let us file nor to withdraw, :mad:

    gcdreamer05,

    Thanks your comment made me smile. :) I wish there were processing dates for PERM withdrawals and PERM appeals.





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  • glamzon
    07-19 03:38 PM
    Translate it yourself , but make sure you do line to line Translation and get it notarized ... simple





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  • nozerd
    01-20 11:54 AM
    Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
    I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
    No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.





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  • Hassan11
    04-09 12:47 PM
    49 views of this thread and no replies. Please anybody out there, any suggestions or answers? Thank you



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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.





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  • neelu
    01-02 11:43 PM
    Hi Everyone viewing this thread,

    Please help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.

    That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on). Otherwise we will only be seeing movement like this (a week or so every month).

    Please participate and help others participate in the 'Add ONE Member' campaign.

    Thank you.
    Neelu



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  • eagerr2i
    07-20 05:18 PM
    Temp # does not allow her to work. For working, she needs to find an employer that offers her a job and is willing to do a H1B. That way is the only way you can work if you do not have GC or EAD

    Click on the Teacher Credentail Program on the Link below

    http://www.csupomona.edu/~ceis/academic_prog.htm#tcp





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  • bsbawa10
    05-31 09:13 PM
    One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.

    I would advice you better check in advance as soon as you have job confirmation

    Thanks letstalklc, can you please confirm from your cousin if it is a blanket policy ? i.e. they will not file in eb2 at all ?



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  • girishvar
    02-26 12:46 PM
    You have to use only H4. Under the last action taken rule B1/B2 is automatically invalid. Again H4 allows you to have dual intention for filing green card.





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  • eImmigJr
    10-23 07:37 PM
    Mine is a similiar case, would like to add more info to this post.

    LCA certified as computer programmer in EB3. PD 2004.
    Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.

    I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).

    Questions that I am not clear about is.
    1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?

    My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.

    Gurus, please advice if this approach is correct.

    Thanks in advance.



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  • Eternal_Hope
    04-22 03:55 PM
    This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.

    If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.

    ----------------------------------
    I think I will change my ID to "(Non)Eternal_Hope"





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  • bp333
    09-25 02:40 PM
    Thanks BMS1.

    Any one in a similar situation. Please share your thoughts..



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  • msyedy
    02-05 08:36 PM
    1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.

    You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.

    2) Time taken for an H1-B approval varies, it all depends on your fate.
    I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.

    3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.

    These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.





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  • uslegals
    01-29 11:05 AM
    Congrats.
    After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.


    Thanks for all the good wishes.! Pappu - Kindly PM me details about how i can get more involved in IV's mission.



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  • netsavvy
    03-28 08:12 PM
    This is a very good point.

    Given that the 5/6 year timeframe is being already mentioned for illegal immigrants, it should be easy to have this extended for all immigrants who qualify as of the date of implementation of this bill.





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  • rjgleason
    February 27th, 2004, 07:45 AM
    I cannot possibly comment bob...

    but I do get noticed in this country...

    hehe

    http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg

    Sure you can...........and sure you do.



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  • desi3933
    04-06 04:34 PM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    You should consider getting professional advice from attorney who deals in employment and contact laws in your state.

    Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)


    _________________
    Not a legal advice.





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  • azure
    03-20 12:34 PM
    Not sure....but here is a related link.

    http://domenici.senate.gov/news/record.cfm?id=251739





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  • logiclife
    02-15 12:03 PM
    One more thing about stamping in Canada and Mexico.

    The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.

    So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".

    On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.

    Then you would have to fly directly from Canada to your home-country for stamping.





    san3297
    03-23 08:34 AM
    Hi,
    I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.





    bbct
    03-14 05:15 PM
    Which service center did you file your I-485 and how come your I-485 was denied by a local USCIS officer? Are you were called for an interview?

    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...



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