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  • GCwaitforever
    08-15 10:58 AM
    I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).

    See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)

    Second I-140 Allowed without Revocation of Earlier I-140 Petition

    The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

    This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.




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  • moonlight
    06-20 12:54 PM
    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.




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  • pappu
    08-08 03:59 PM
    IV is organizing nationwide calls for its members that are taking part in the August 2009 action item. These calls will be providing our strategy and tips to everyone for the upcoming congressional visits. It is very important for everyone taking part in the action item to attend these calls.
    ==================================

    Call 1:
    Tuesday August 11, 8 PM EST

    Call 2
    Wednesday August 12, 9 PM EST

    ==========================
    Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.

    Thanks
    Team IV




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  • vik352
    12-08 03:19 PM
    Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.



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  • gconmymind
    08-05 05:58 PM
    I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.

    Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.

    Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....




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  • tabletpc
    11-29 02:48 PM
    Guys,

    Can anyone help me with these information..

    1. To whom should we write the check for the applciaiton fee..??

    2. The applicaiton forms give the amount in canadain dollars, should we convert that to US dollar and make payment or any other options.

    3. The aplication needs to be sent to buffalo right...?

    I did get some informaiton online..but kind of confusin. So thought of getting it clarified here...

    Thanks in advance...



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  • WeShallOvercome
    11-08 01:48 PM
    I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.

    you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.

    We all know how religiously USCIS follows its own rules.




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  • Rishi123
    11-09 12:23 PM
    Dear Friends :

    Appreciate if you could provide some insight to my situation.

    I had filed my labor certification from company (A) ( Based on future employment ) .
    PD Sep/04
    I did not work for the company (A)
    My labor certification has got approved and now I am preparing to file I-140.

    In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.

    Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.


    Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.

    I am not able to get a clearer picture.

    You help will be highly appreciated

    Rishi



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  • nosightofgc
    12-07 02:46 PM
    I will be surprised if some one says you cannot. Because I am doing.




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  • prioritydate
    09-21 11:27 PM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?



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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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  • nlssubbu
    10-08 08:12 PM
    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

    Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

    To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

    (PS: I am not a lawyer and please use my advice based on your own discretion)



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  • bach007
    11-27 01:35 PM
    Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????




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  • skagitswimmer
    June 5th, 2005, 09:46 PM
    I have a new eos 350 and am slowly starting to learn to use it. One problem I seem to be having is that on some of my flower shots I am finding that the reds and yellows seem to get blown. I am sure the exposure is right because I bracket like crazy. And I am shooting in raw and then use the slidebar and curve in the photoshop CS raw converter to tone down the image untill the clipping is all gone. But there is still no detail in the area in question - which was the area that showed up as blown out or clipped in the raw image.

    The area I am talking about is the petal on the far side of the flower near the center of the image.

    I would have assumed that because it shows up as clipped in the initial RAW image then there is no recoverable detail. However if I desaturate the image almost completely or add reds I do get some detail in the blown area.

    I am using a photoshop colourspace in the camera. Saturation and exposure are set to normal.

    Is this a problem with me or with the camera?



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  • sathish_gopalan
    07-05 04:21 PM
    If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.




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  • snathan
    03-09 03:59 PM
    Thanks Radhagd:

    Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?

    Thanks.

    There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140



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  • REEF�
    06-07 06:16 PM
    Lol...don't feel bad it's not your fault.




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  • perm2gc
    08-24 11:42 AM
    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..

    You can still come as a student if your intent is to study in US but if you want them to hand over GC after you complete a degree then dont come ..You may have got master/phd degree from top universities which does not mean you qualify for immediate GC.. If you feel that people with BSC or BA have cheated the system so are you... Student Visa is to Study in US but not for Permanent Immigration to US




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  • swamy
    10-27 12:54 PM
    Sen Kennedy is the reason every one of us could come even be here in the US today. Please read up on some history of legal immigration - especially the one that dismantled racial barriers. The senator might not share your focus or sense of urgency in solving EB issues first and may be more passionate about the illegal issue but that does not mean he's any less interested in legal issues or make him 'exclusively' an advocate for undocumented. Dont unnecessarily diminish anyone who is your friend - once again, go back and read up on the history of immigration especially around the 60's.




    hmehta
    09-07 11:59 AM
    Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).

    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there




    bigboy007
    12-10 02:20 PM
    I dont know i can try making it "superset" of what my GC Labor is that way it adds to what they have already its a bigger company btw so hassles in these issues are expected but what is the procedure in intimating USCIS many said no it but where does this Employment verification letter come in to picture.

    Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
    Designation and pay doesnt matter.

    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex



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