sathishav
05-12 05:39 PM
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
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Jaime
09-12 10:22 AM
Putting a Face to the U.S. Reverse Brain Drain
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
macrosky
07-08 07:12 PM
My H1b application was delivered to USCIS on July 1st. I just find FLC data center has updated new 2008-2009 prevailing wage database which is also effective on July 1st. If based on the previous 2007-2008 database, my salary is above the prevailing wage, but if based on the new one, my salary is a little below that one.
Which database whill USCIS choose to use on my case?
Which database whill USCIS choose to use on my case?
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Lasantha
12-05 08:27 AM
As far as I know, you should meet the requirements as of the priority date of the LC, not when the LC is switched. You may want to consult a good attorney on this one.
more...
smdfarooq
06-01 02:20 PM
Dear Friends,
I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways
I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.
My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case
Your response would be highly appritated
Thanks
Farooq
I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways
I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.
My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case
Your response would be highly appritated
Thanks
Farooq
mgkadiri
06-02 08:47 AM
Please share your experience, if any one come across this situation
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
more...
fatjoe
08-30 01:10 PM
I'm strating this thread to check out if your I-485 package was received by R.COOK at NSC and if your checks are cleared.
I sent my I-485 on July 18, the checks are not cleared yet.
I sent my EAD/AP pcakage on Aug 10, where the checks got cleared last week. But I didn't get my receipts notice yet.
My I-140 was sent to TSC, which is not approved yet. Any thoughts?
I sent my I-485 on July 18, the checks are not cleared yet.
I sent my EAD/AP pcakage on Aug 10, where the checks got cleared last week. But I didn't get my receipts notice yet.
My I-140 was sent to TSC, which is not approved yet. Any thoughts?
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same_old_guy
10-23 05:31 PM
Who told you that ? I am sure it wasn't any lawyer !!
more...
varshadas
03-26 06:11 AM
Hi Mikoo,
Thanks for your support on this. Please do not wait for people to meet the law makers. Go ahead and schedule your appointments and if no one responds, please go alone.
Thanks,
Varsha
Thanks for your support on this. Please do not wait for people to meet the law makers. Go ahead and schedule your appointments and if no one responds, please go alone.
Thanks,
Varsha
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Blog Feeds
03-31 12:40 PM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
more...
WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
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sobers
04-05 09:19 AM
gc 2010
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
more...
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LondonTown
05-23 12:31 PM
My friend, do not call Sir to any one here. We all are on the same boat and trying to share our experiences and learn from each other.
Were you given a 221g? possibly green or some other color?
It appears from your email that you have submitted the requested documents and got the email from the embassy to submit the passport. If this is the case you may want to follow up with the embassy.
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
Were you given a 221g? possibly green or some other color?
It appears from your email that you have submitted the requested documents and got the email from the embassy to submit the passport. If this is the case you may want to follow up with the embassy.
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
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prince123
03-11 04:34 PM
Hi,
I was working with company# A as Electronics Engineer from Dec �03 to Jan �07 on H1B visa, Company# A filed my GC in May �05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August �07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is �
Company# A still want to hire me after I got GC (because they were very happy with me, right now they don�t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.
Thanks for your time.
I was working with company# A as Electronics Engineer from Dec �03 to Jan �07 on H1B visa, Company# A filed my GC in May �05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August �07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is �
Company# A still want to hire me after I got GC (because they were very happy with me, right now they don�t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.
Thanks for your time.
more...
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cygent
02-01 04:53 PM
Hi Terpac,
Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
Which center filed NSC or TSC?
Please consult your attorney, or also try www.thedegreepeople.com
Do post/update your situation here to help the rest of us.
Thank You!
Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
Which center filed NSC or TSC?
Please consult your attorney, or also try www.thedegreepeople.com
Do post/update your situation here to help the rest of us.
Thank You!
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senk1s
11-03 04:58 PM
my 2 cents:
processed is different from approved
processed is different from approved
more...
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eb3retro
02-12 10:17 AM
During this tough times of un-employment, it is very unfortunate that many of us lose our jobs. As a result many of us lose medical benefits too. I would like to explore our options for medical insurance (which is the most needed) for someone who lost their jobs and cannot afford COBRA coverage since it is very expensive. IF you are unemployed and if you have bought your own medical insurance (not as a group plan through the employer), but bought it as an individual plan, can you throw in some details. This will be helpful to many who have lost or going to lose jobs, for them to understand how much they need to spend for different kinds of medical coverage. Thanks to everyone.
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FLYPIG
10-16 04:41 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
800k will make majority jumping and fighting.
what is real number again??
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mkrisa
08-07 09:34 PM
Guys, I have some questions?
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
sammielee
07-01 10:56 PM
In Canada, most people get a short version of their birth certificate. This is what I had and what was submitted. There is a long version, like a registration certificate, that most Canadians don't carry around and wouldn't order and that is now what USCIS requires. I didn't know that until the very end of my meeting for permanent residency. On the sheet/notification, it says that I have 90 days to submit the document, the long form of the birth certificate as "failure to comply with this request will be deemed grounds for denial of your application for lack of presecution". Although I immediately requested my birth certificate from the Canadian government, I have had to fight to get it pushed through fast enough and they now tell me it's processed but somewhere in the mail. I'm down to the last couple of days with no way of knowing where it is.
kufloyd
04-02 01:49 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
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