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  • ragz4u
    04-10 09:30 AM
    Bump ^^^




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  • veni001
    09-07 11:25 AM
    Hi All,

    Friends, I have few questions regarding EB2 category and need your help & advice.

    What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.

    Thanks in advance for your time.

    Regards,
    javans.

    Employment-Based Immigration: Second Preference EB-2
    USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
    :D




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  • eravi
    08-09 11:30 AM
    What can we do here?
    Anyone aho applied in NSC with a WAC receipt notice got 485 approval?
    What is the current state of California service center?




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  • dealsnet
    12-05 04:43 PM
    Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
    See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting



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  • jai_immigration
    06-26 09:51 AM
    You could either file AC21 or file after you revceive RFE, but when there is RFE they may also request paystubs, not just offer letter.




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  • xbohdpukc
    03-26 04:18 PM
    I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!

    Everyone's got his/her own circumstances which are so beyond how much you are making. Just a matter of personal priorities which for me, for instance, were to pay my lawyers bills until the moment my employer stepped in and picked up the tab :) The point is if someone's making 100K/annum and says that he can't spare $20 for IV needs -- he/she got different priorities which are not necessarily wrong.



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  • string_235
    12-05 05:29 PM
    Hi,
    My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?

    When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.

    "Validation Error(s)
    You must correct the following error(s) before proceeding:
    Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."


    We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.

    Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.


    Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?


    Greatly appreciate your help in this regard!!!!




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  • deepakbh
    05-05 10:19 PM
    Friends,

    This is my first post.Any inputs would be highly appreciated.

    My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
    off from my company on March 13 2009.My company lawyer told me that
    they wont send anything about my GC application but they will have to
    send notification revoking my H1B to USCIS as per the law. I guess
    this could have triggered my RFE. I applied for EAD immediately as an
    AOS applicant and got it on march 31 2009 ( for 2 years)

    I recently got an RFE asking me to re-submit G-325A ,Current
    Employment verification letter and proof of employment after march 13
    2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
    my suspicion about revoked H1B triggering RFE). Right now I don't
    have a job and it doesn't look like i will get any before may 31st
    2009 (the deadline for answering the RFE). What are my options?Here is
    what I read and thought

    Option 1:I have an EVL from my last company dated march 2 2009.Can I
    send that ?In my G-325A I would though need to mention the exact dates
    with no present employment.Can it lead to automatic denial and make me
    illegal? Should this be an option? My assumption here is that the RFE
    is just to complete the documentation and that the case will be
    adjudicated when my date becomes current.Before that I should be able
    to get a job and send the paperwork.

    Option 2:I also read on Internet that I can send a future intent of
    employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
    possible language of that be? This can give me time till my date
    becomes current (which should be good enough to find a new job) .

    Option 3:I talked to a consultant and he is ready to give me a EVL .
    For this he would need to put me on his payroll ( obviously at a big
    cost) .He said that i would have to be on his payroll for atleast 3
    months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

    I really don't know anything beyond this. I would really appreciate
    your opinions on the feasibility of these options or any other ones
    that might exist. Right now I am lost and dont know what works best
    for me.

    To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

    Thanks and really appreciate any input.



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  • abhay
    05-04 01:01 PM
    Yes it is possible to apply for H1b, it will be a new H1B. You will have to go outof the country and enter using H1 to readjust your VISA status




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  • gbof
    01-30 11:32 AM
    So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.

    please, see your PM



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  • arnet
    09-13 02:28 PM
    Started this thread just to encourage us after oct bulletin:

    We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.

    As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.




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  • ramus
    06-19 08:18 PM
    Best way to do is to get it from AAA. If you are AAA member then you will 8 photos free and you can add your spouse for very minimum.

    I got 16 photos for $14. They know exact specs of photos that we need.



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  • morchu
    05-06 09:51 AM
    Self employment is an option. But the biggest issue there will be to explain the "permanent" aspect of it. But better than saying you are still looking for job (which can lead to automatic denial). Maybe self-employed approved candidates should come forward and explain their experience.

    Future "permanent" job offer letter from an established employer is safer.

    Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".




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  • abhijitp
    01-25 07:14 PM
    Thanks for your suggestions, I am sure IV-Core will note them.

    Did you send out letters to the WH + IV?
    The recapturing of numbers does not need legislation, it can be done by administrative intervention.

    PLEASE SEND YOUR LETTERS!
    Thanks!



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  • vamsi_poondla
    09-10 10:45 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.

    Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.

    I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.




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  • mnkaushik
    02-06 02:22 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik



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  • a_yaja
    10-12 08:44 PM
    Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

    please advice ...

    Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.

    Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.




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  • ita
    10-30 01:55 PM
    What does taking Infopass mean?

    Thank you.




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  • watzgc
    04-22 08:06 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..

    Hi Sankar,
    Can one apply for another h1b if h1b extn not come thru and h1b already expired ?




    vishwak
    08-18 12:20 PM
    I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

    So my queries are :
    - will I get H1 again under COS?
    - If yes, how much time will it take to get H1 again?
    - Does this process will be like a new H1?
    - how much will it cost to my employer with attorney fees?

    Thank you.

    Meet

    Yes You can get new H1B.
    Time Depends on type of processing.....premium you should get within 2 weeks.
    H1B extension or Transfer or New one....whatever its all the same process. But called differently.
    Now H1B fees got hike.....may be around 5K I believe.
    Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.

    Please ask your Employer for break up if you are paying for it.




    hebbar77
    08-09 06:00 PM
    Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
    All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D

    This thread is mighty funny!!!.



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