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Saturday, June 18, 2011

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  • BumbleBee
    08-16 04:42 PM
    Please be aware that experience gained at sponsoring employer can not be counted towards fulfilling minimum qualification requirement for labor certification. You must prove your qualification to the job prior to joining the sponsoring employer... minor details.
    So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.

    BumbleBee





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  • kaisersose
    12-07 04:43 PM
    I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

    Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)

    Sorry buddy....I know 4 of my friends who got their GCs through EB1 within a year - all project managers. The key piece of documentation required by USCIS was an official org chart from the company showing people reporting to the applicant both back in the foreign country and currenty in the US.

    Now it is certainly possible that some applicants were rejected because the IO was not convinced, but I know four people who sailed through without RFEs.





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  • kpchal2
    03-03 07:42 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance





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  • chanduv23
    11-10 03:35 PM
    --- bump ---

    so many views but no replies yet :(

    Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.

    I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
    When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.

    The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.

    Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.



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  • desigirl
    12-01 09:52 AM
    We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
    No Great H-1b will come here if its going to take 10-20 years to get a Green card.
    I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
    This is a big thing that is missing so far.
    See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.

    Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
    I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).

    If he chooses to donate would it be the "contribute" link?





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  • aristotle
    01-31 01:27 PM
    Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.



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  • Vitriol
    04-13 09:12 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?





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  • senk1s
    05-08 06:49 PM
    Thank you senk1s & gccovet. Have added some Green's to both of you !

    thanks piyu7444 ... dont we all love green (like green card, green car, green back ...)



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  • pbojja
    03-18 04:59 PM
    Sorry but little confused .

    Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .

    If you change the company and if there is a query on your 140 you are back to square1 .

    I would recommend you work on I140 approval , as amit suggested contact your senator





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  • leoindiano
    08-03 05:44 PM
    The USCIS has indicated that it plans to reconcile the second A number for each I-485 applicant with the previously-issued A number.

    That is the key. Reconciled cases will have no problems.



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  • chanduv23
    05-05 08:49 AM
    The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????

    Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.

    So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.

    Hope this helps.

    You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.





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  • Green.Tech
    08-05 05:41 PM
    Thanks for the response, folks.

    It will be interesting to hear from people who have or are required to sing certain contracts with their employers.

    I am assuming the employers logic can be that - "well we were the ones who really paid for your labor cert" and that may be true as far as DOL is concerned. But my logic is if I reimburse you that money a year or two down the line, doesn't that mean that eventually I had to pay for my labor cert :)

    I am also interested to know what kind of contracts the employers are having people sign - reimburse us if you leave within a certain time frame (2 or 3 years from when your GC process was initiated by the company) or are the contracts more like - reimburse us full amount no matter when you leave during pending GC process.



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  • fasterthanlight�
    06-06 02:51 PM
    Awesome 3 of my 36 stamps got in :P
    But seriously, i wish you put in my pink nebula one! oh well! :)





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  • Prasad_FL
    08-06 04:29 PM
    Hi Pals,
    Let us exchange the info so that we can contact each other and plan things. My phone no is 954 431 5281. If you do not want post ur info, you can send private messages to exchange the info.
    Thanks,
    Prasad.



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  • krishnam70
    03-13 05:23 PM
    but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.

    Who do i complain to in this case?

    Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.

    Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.

    - cheers
    kris





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  • ravish_kaipa
    09-27 04:16 PM
    Hi
    Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
    Thanks

    tinoue I will suggest talk to lawyer,
    As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
    Otherwise they might assign New One..
    If you remember on I-485 Application there is place for A#.



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  • coralfl
    01-30 04:37 PM
    I am in Coral Springs. who else in south florida? Do people meet regularly in SF?





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  • Jerry2121
    07-06 09:26 PM
    Hello ,
    Here is a run down on my case:
    First I-485 applied in 6/2002,
    Fingerprint done, EAD obtained in 2/03
    Application withdrawn by spouse due to conviction
    Second I-485 applied by my 2nd DW in 7/05
    Interview granted in 5/06
    Case still pending due name check
    GC? till date
    Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks !





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  • gc_check
    01-08 10:22 AM
    I got it in a week, I got it from SF Consulate.

    This might be a simple stupid question,

    Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.





    Imigrait
    09-07 02:15 PM
    ok........ After thinking about it for a while, I think I have the answer now.

    What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.





    mchundi
    02-16 06:02 PM
    Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
    In the long run yes, we need to think big. One reason i brought this up as several of the immigration bills were to be taken up last year, but the Senate is not allocating enough time to discuss this. The house for its part passed a partisan bill with very little benefits for the legal immigrants.
    If the discussion on some of the controversial issues in the "CIR" get ugly things may be postponed to the next year(Not much activity may be planned as we get closer to elections, most house members may go back to campaigning).
    90k is not much, but the way USCIS works is odd. Because they cannot process 90k +140K petetions in a short time, it will allow everybody to file I-485 and get portability.
    --MC



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