Tuesday, June 14, 2011

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  • copsmart
    02-20 08:44 PM
    You are not alone�

    This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

    Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.


    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a





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  • GCard_Dream
    07-10 02:37 PM
    Appu:

    What do you mean by "Both TB Test"? Did you mean skin test and X-ray? If so, is X-ray mandatory? I thought X-ray was optional depending on what the test result of the skin test. In other words, you don't have to have a X-ray if the skin test was negative. Would you please clarify.

    1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

    2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

    Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).





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  • sodh
    02-12 05:07 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?
    There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.





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  • satishku_2000
    05-24 10:07 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM
    How many points will i get??


    you may get 100 points it does not matter, We are still going to have country caps ...



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  • xyz2005
    10-23 02:43 PM
    the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days

    any suggestions.

    So many options:
    a. switch over to a "similar" job with another company on transfered H1B to new company.
    b. before getting laid off with current company, if you are on H1B and have unused EAD then you can switch to EAD by filing appropriate papers so that before termination you are on EAD and no more on H1B. Under this scenario, if u r laid off then you can look for a job (similar job to ur green card) and that might mean u can take some days to find one. See idea is when ur green card is being adjudicated you should be on same or similar job and you should be able to show salary and title and job responsibilities on new companies letter head. If you think your case is not going to be adjudicated soon ..that means you can change many jobs in between by using your EAD and only by when it comes to adjudication make sure you are with same and similar job.

    Again check with knowledgeable attorney before acting. These are my 2 cents

    best regards





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  • dealsnet
    08-04 03:28 PM
    I think the abused spouse cause is for the people getting GC with family based catagory. The temporary GC holder after marriage can do this with the help of the lawyer. The spouse abuse and all kind od stuff, to get GC if the husband/wife is not supportive. I know a person got that way after he is abused by his wife and got separated after she bring him from India.
    For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
    Talk with a lawyer to find out the options.
    Best way is to reconcile with the husband.

    She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.

    If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer

    Rajesh



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  • ilikekilo
    04-12 06:48 PM
    Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??


    If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...





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  • NWISE
    06-23 02:57 PM
    It seems like earlier there used to be a certainty with the CIR. The news over the past few days is indicating that this certainty no longer exists.
    As I have suggested before, does it make sense to close our eyes to all other options and just concentrate on CIR? If the CIR does happen, great! If not, what then? We're left empty handed once again. It would be prudent to continue to work on the smaller bills that will help alleviate the problems.
    The way to go at this huge problem is to attack it piecemeal. Take small bites and keep furthering our agenda in small steps. Small successes will improve participation from this community, generate momentum and help our cause.



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  • h1techSlave
    07-16 10:26 PM
    Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
    XXXXX

    I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?

    Cheers,
    h1techSlave





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  • learning01
    05-24 05:27 PM
    From Bllomberg Update on CIR in Senate:
    ................
    White House Deputy Chief of Staff Karl Rove today spoke for the second time in two weeks at a private meeting of House Republicans to seek a compromise between the Senate and the House.

    Rove, during his appearance, heard complaints from representatives who oppose the Senate's immigration proposal, according to lawmakers who attended.

    ``Even I, optimistic as I am about a lot of things around here, see an immigration bill -- with so few calendar days left - - hard to reconcile,'' said Representative Mark Foley, a Florida Republican who attended the meeting.

    Majority

    Ron Bonjean, a spokesman for House Speaker Dennis Hastert, said Hastert won't move a final compromise measure to the House floor unless it is supported by a majority of the House's 231 Republicans -- not a majority of all House members.

    ``The speaker believes in passing an immigration bill with a majority of the majority,'' Bonjean said.

    Former House Majority Leader Tom DeLay told reporters that passage of a final measure may be helpful in fall elections in which Republicans have ``the wind in our face'' as they work to keep control of the House.

    LINK (http://www.bloomberg.com/apps/news?pid=10000087&sid=aGou1DNa_4Ic&refer=top_world_news) at Bloomber.com

    Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?



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  • wandmaker
    12-11 02:57 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!

    You can renew your EAD even after it expires. BTW, if you have used your EAD for work, you can not work until you received the EAD on hand.





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  • bluez25
    07-16 04:24 PM
    I did submit through mail when I applied last year and it took for ever. My personnel preference DO NOT try that option. They atleast need 45 to 60 days for the PCC to be issued.



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  • jnraajan
    03-29 04:13 PM
    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

    Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer





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  • jprangi
    08-04 11:28 PM
    I know lot of people are waiting. But just want to tell you all the INS is moving forward may be slow. I just received my receipt notices today. My application reached INS on July second at 11:25 am. My checks have also been cashed.

    Cheer up guys and keep you fingers crossed.

    -Rangi



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  • sanjose
    07-18 01:12 AM
    Hmm.. let us think through this(may seem crazy). Is there anything called "dual permanent residency" ? I don't think so. Yes, there is dual citizenship - but that has to follow permanent residency in those countries.The permanent residency of one of the countries has to be lost if you spend 183 days in the other country. Well, assuming that one would retain his GC after all this trial and tribulation, just surrender the Canadian PR and be a normal guy with a GC; no problem at all !! (Hope the canadian pr surrender doesn't take a decade, just like getting a GC).





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  • sys_manus
    01-28 09:46 AM
    I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2

    As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.

    When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.

    Life goes on...

    PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.

    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?



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  • JSimmivoice
    01-22 08:27 PM
    Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?





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  • rjgleason
    January 5th, 2005, 02:08 PM
    Just some saturation on the reds...but that's how it looks in real life
    Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.

    OH.....can you get me a diet-Pepsi????





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  • abhijitp
    06-21 01:59 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100





    jthomas
    03-25 10:56 AM
    Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits

    1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
    2. Don't send RFE to those in EAD during the this time of recession.





    sidbee
    05-06 10:59 AM
    http://www.usabal.com/seminars/#a2

    Michael Aytes, is one of the speaker in this conference

    Why would IV get invitation to this ?????

    You pay and you attend, and its for employers, not employees..



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