пятница, 10 июня 2011 г.

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  • insbaby
    08-15 08:21 AM
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.

    Because 2006 is CURRENT.

    You probably have to wait for your YEAR to become CURRENT.




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  • chanduv23
    09-14 02:13 PM
    You cann decide now, and make it to DC

    JUST FOLLOW YOUR HEART




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  • rkotamurthy
    09-16 02:03 AM
    If you ask " Why Am I responsible for low media attention?" My answer is each and every Legal Skilled Immigrant is responsible for this. We are a tribe who do not believe in shouting on the roads. We think this is cheap!

    Trust me, this is not being done in any cheap manner. It is not cheap to ask what you deserve. It is not cheap to express one's opinion in a diginified manner not offending anyone. It is not cheap to explain your problems to your lawmaker.

    If you think that participating in this rally is cheap and only uneducated would shout on the roads, then come to DC to witness PhDs, MBAs, PMPs, CPAs, Attorneys and some of the brightest and the best minds shout at the top of their voice to fix the broken immigration system.

    Sounds unbelievable, come, witness it for yourself on Sept 18th at Washington Monument.




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  • CaliHoneB
    01-12 05:14 PM
    Thanks a bunch! I appreciate you replying to this. it certainly relieves some of my stress.

    Cheers


    I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.

    One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.

    Non -verbal communication works well sometimes. It worked for us.



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  • anurakt
    10-20 04:43 PM
    EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.

    EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)


    So can I take a loan and open a business to get EB-5 green card ??




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  • desi3933
    07-13 12:28 PM
    I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

    So you "paid" taxes, could you please explain how it is legal?



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  • wizkid732
    08-26 07:47 AM
    Thanks overseas.
    Just curious... has your case been approved?
    I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

    They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

    I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

    I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

    I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.




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  • LostInGCProcess
    11-14 02:57 PM
    Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.

    Which center did you file your EAD?



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  • hpandey
    12-30 09:05 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...

    Thanks

    I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .

    On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )




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  • delhikadesi
    07-17 12:46 AM
    All thanks to people who participated in SJ rally and IV for hosting it.
    I also left a comment for editor as a note of thanks..

    In any issue these days media support is must and with our unity in IV, we are able to get that.

    Way to go..



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  • anjans
    07-10 08:54 PM
    H1gurus pls advice




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  • spulapa
    12-09 09:28 AM
    Dude,

    Y don't you change the subject to passed in House ???
    Subject line is misleading.



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  • veni001
    01-21 12:44 PM
    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!

    Congress got country limits into immigration b'se they want to limit # of people immigrate from single country, but the AC1 gave spillover provisions.
    :o




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  • jonty_11
    01-08 01:18 PM
    If TCS or any Indian firm claims you owe them something since you quit them after coming to US (contract breach or whatever), they will not release your PF until you clear your accounts with them. Call is yours after seeing if the payback is greater than PF??



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  • rajsoni
    05-06 09:06 AM
    Hi,

    My company gave ma a substitution labor and it is having a problem in term of degree.
    My I-485 is also pending based on that I-140.

    1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

    2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.


    Please advice.

    Raj Soni




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  • asekhon
    10-30 09:33 AM
    yup,
    I got the same emails and same message update. I applied for 485 in June 2004 with a priority date of 04'2003.



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  • raysaikat
    03-06 05:47 PM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.

    The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.

    Here is the exact language of the law from 8 CFR:

    "(iii) Criteria for H-1B petitions involving a specialty occupation.


    (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:


    ( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;


    ( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;


    ( 3 ) The employer normally requires a degree or its equivalent for the position; or


    ( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.


    (B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:


    ( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,


    ( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,


    ( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and


    (C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:


    ( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or


    ( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."

    More from USCIS:
    USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)




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  • neelu
    09-15 12:05 PM
    Thanks for your response, FromNaija.

    I do have an approved I-140 based on the RIR PD. I will update my first post with that info.

    I know that USCIS should interfile the two cases. My question is, how to find out if that happened and if not done what can be done to ensure that?

    Also, has anyone gotten similar messages like "your case has been prepared for review"? I have searched this forum but could not find anything about it.

    Any thoughts/comments are appreciated.

    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.




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  • memyselfandus
    04-09 09:23 AM
    Check this link it should answer, all of your queries.

    http://boards.immigrationportal.com/showthread.php?t=108916




    dreeft
    10-28 10:43 PM
    Sounds complicated. I don't want to rain on your parade, but having more than one person in a freelance "business" (a business is anything that earns money) is very complicated. You have to work out tax and wages.

    I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.




    girishvar
    08-12 07:25 AM
    Go Green Go

    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.



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