Friday, June 10, 2011

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  • rbharol
    08-23 02:25 AM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.

    Dixie and Other experts,

    See copy-paste from the bill below:
    It seems that Aliens who have earned Masters degree outside US 'AND' has
    3 years experience in related field are listed along with those who have
    masters or higher degree from US.

    check sections (F), (I) and (K) below.

    Does it mean non-US masters with 3 years exp too shall be excluded from
    the numbers quota?

    --------------- copy paste begins --------------------------------
    WORKERS EDUCATED IN THE UNITED STATES
    SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

    (a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
    (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    ��(F) Aliens who have earned a master�s or higher degree from an accredited
    United States university.

    ��(G) Aliens who have been awarded medical specialty certification based on
    post-doc-toral training and experience in the United States preceding
    their application for an immi grant visa under section 203(b).

    ��(H) Aliens who will perform labor in shortage occupations designated by
    the Secretary of Labor for blanket certification under section
    212(a)(5)(A) as lacking sufficient United States workers able, willing,
    qualified, and available for such occupations and for which the
    employment of aliens will not adversely affect the terms and conditions
    of similarly employed United States workers.

    ��(I) Aliens who have earned a master�s degree or higher in science,
    technology, engineering, or math and have been working in a related
    field in the United States in a nonimmigrant status during the 3-year
    period preceding their application for an immigrant visa under section
    203(b).

    ��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
    have received a national interest waiver under section 203(b)(2)(B).

    ��(K) The spouse and minor children of an alien who is admitted as an
    employment-based immigrant under section 203(b).��.
    ------------------------------ Copy paste ends --------------------




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  • das0
    06-18 11:55 AM
    Once on EAD for one employer A, can anyone fall back to H1B for the same employer A?




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  • keshtwo
    07-05 04:32 PM
    Dudes and Dudettes,

    Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.




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  • jiraprapaasa
    04-09 03:48 PM
    I am planning to apply my niece to come to USA to study 8th grader in private school. She is 13 years old in May 2011. I believe she doesn't need to go for an interview at US embassy in Bangkok Thailand. What do I suppose to do then? How do I submit her DS-160 (already finish filling online) and other document? What else do I need to know in order for her to come to the US.



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  • ita
    08-13 08:08 PM
    Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.

    Any reason that you want to go back to your old employer? Why quit in the first place than...

    I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.

    Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?

    Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.

    Thank you.




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  • nshantha
    08-14 03:42 PM
    I am also 7:55 NSC R williams too... no receipt yet



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  • Pineapple
    08-05 11:53 PM
    I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.




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  • webm
    02-28 10:42 AM
    Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"


    Is your friend didn't get FP notice last year or no FP done so far??



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  • thepaew
    02-10 10:35 AM
    Sent you a PM with my email address. Thx

    Please PM me and I can give out the details.

    THX




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  • VivekAhuja
    05-28 06:29 PM
    I keep reading about how immigrants are important and pay taxes and contribute to the economy so they should be given rights/important and all that. There was even a thread that said if GCs were given to EB based immigrants the housing problem could be solved because of this buying power. STOP IT.
    The US does not need you, you need the USA. No one put a gun to your head and told you to come to the USA, you chose. You need to follow the tax laws so roads and other sevices you come to this country for can be maintained. Your buying power is less than 1% of the US economy. The laws do NOT prohibit you from buying property here so you can buy a house without GC.
    So STOP trying to potray it like you are doing a favor to the USA. Be realistic and solve the real problems instead of trying to find loopholes of hw to get the US govt. to give you GCs.



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  • LostInGCProcess
    09-02 11:15 AM
    as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
    OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
    Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
    If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
    you might want to double check this info from valid source :)

    By far the best response to the question posted. I gave you a green. :)




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  • busy
    03-08 09:49 PM
    By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.



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  • go_guy123
    06-18 10:35 PM
    if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
    -------------------------------
    Female Homeowners Sadder, Fatter Than Renters
    John Carney|Jun. 18, 2009, 11:27 AM|comment27
    Print
    Tags: Economy, Housing, Housing Crisis

    Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.

    Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.

    "Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com

    But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.

    "I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain — or what you might call negative feelings — connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."


    Bound to happen. Houses have been overpriced and House ownership has been way more expensive than renting in recent years. So if one buys a house there would be very little discretionary income to have a good life.




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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.



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  • bikram_das_in
    06-18 02:30 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.




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  • shubhn
    05-27 02:57 PM
    I applied for my 7th year H1-B extension in March (Mat 14th) and received a WAC case number. As per the USCIS case search, It was approved last week. But I have not yet seen any confirmation from my attorney.



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  • GC4US
    08-29 11:29 AM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!




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  • walking_dude
    01-18 03:25 PM
    Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many

    IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.




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  • SNLive999
    06-09 05:43 PM
    Hello Gurus,

    Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.

    Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.

    Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.

    The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???

    Biometrics Processing Stamp
    ASC Site Code:______
    Biometrics QA Review By:_____ On ________
    Ten Prints QA Review by:_____ on ________

    I really do not know what to do. I request you all Gurus, please help me to handle this issue.

    Thank you.




    myuname
    06-18 11:14 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,




    talash
    10-15 11:48 PM
    Again always track ur al aplications and DONT depend on lawyer .



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