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  • xbohdpukc
    03-27 10:12 PM
    I think the main point (and the most expensive one) is how you advertised your position and what requirements you put in printed ads. You can refile PERM and get a decision quite easily if you can find a wiggling room in your ad to squeeze your MBA degree in those reqs.

    Good luck to you!





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  • deardar
    09-14 03:38 PM
    i hear as if some aliens are speaking .





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  • psvk
    08-06 12:08 PM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats





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  • stueym
    07-07 11:57 AM
    Just wanted folks to know that our family recorded a video entry on Youtube for the CNN-YouTube presidential debate competition.

    CNN-YouTube Democratic debate contest (http://www.youtube.com/contest/DemocraticDebate)

    They are looking for a few winners that will be used to pose questions to democratic presidential contenders. My son who is an International Affairs/Poli-Sci student wanted to do this and wanted our support.

    You can see our video here.

    http://www.youtube.com/watch?v=Jt3AkZ1ID0w

    The higher rating and more views/comments we get the more attention we will get from CNN.



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  • barath_india
    07-17 03:50 PM
    Actually it is the G28 form that you sign to give authorization for your lawyer to represent you. It is valid just the one time when they file the forms and not considered as for your life of your form/application.

    This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.

    Bharath





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  • longq
    03-27 02:02 PM
    sorry to hear. your education (degree and specilization) must meet the education requirement for the job as mentioned in the labor certification. In general, MS and MBA is not related, unless your lc states that any master degree acceptable for your job. it is a mistake of your lawyer.



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  • vnsriv
    10-08 04:01 PM
    so here is exact question , what about if i get GC approval before my PD gets current?

    You mis-understood the concept of PD then. Your I-485(GC) won't be approved until your PD is current.





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  • lj_rr
    07-23 10:35 PM
    ----bump, Help?-------------



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  • desi485
    09-26 05:38 PM
    My application reached NSC (as per FedEx tracking) on July 24.

    My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.

    My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.

    USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.

    My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o

    what could be the reason??? This is killing me.





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  • ossidon
    08-06 12:12 PM
    Wandmaker, Congratulations!

    I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.



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  • wc_user
    07-30 07:56 PM
    All,

    Any idea on how far the EB3-India PD will go between Oct 2009 and Sept 2010 ?





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  • deba
    12-10 12:40 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP. I-140 approved long time back in '06. So, I will be meeting the 180 day rule and I-140 approved criteria in jan/08.
    My H1 expires in 12/08. In case I transfer my H1 to a new co. sometime next year, will I have to restart my GC process again? or will AC-21 kick in and the process will continue as is with me just waiting for GC and PD becoming current etc. Thanks



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  • waitin_toolong
    07-27 10:07 AM
    it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.

    1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.





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  • Arjun
    03-15 11:32 AM
    I agree, I think you can recieve incentives, but you cannot work (as an employee) for a corporation other than the H1B sponsor. In any case, as long as you report all of your income you are fine. I do'nt think IRS checks your status to validate your income.


    H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.

    The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.



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  • gcseeker28
    07-27 04:24 PM
    That was a huge sigh of relief. Thanks and I really appreciate your answers.
    Hopefully, I'll get my EAD (PD is April 2007 on EB2) before they respond back with MTR response.





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  • Rajeev
    10-12 09:50 AM
    The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.

    The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

    On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

    Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

    1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


    2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


    Here is what I would suggest for your case:

    Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

    This is the best case scenario that I can envision for you.

    Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

    You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

    Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

    If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.



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  • NeedMiracles
    06-03 09:11 AM
    The link says all the majors considered as STEM. If you choose Browse by STEM discipline - those are the STEM disciplines..





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  • smisachu
    11-08 12:06 PM
    Hi Guys,
    I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...





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  • jfredr
    08-10 03:29 PM
    Reforms To Visa Programs For Highly Skilled Workers.

    IMPROVING EXISTING IMMIGRATION
    22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
    23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.





    kerstbrd
    07-09 12:02 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    That was my feeling all this time. Why couldn't they just give us all the proper forms to fill (which we don't need lawyers for) and then correct the mistakes.





    sunflowershower
    12-03 12:50 PM
    Hi,

    I'm currently under AOS, I had H4 visa under my father (H1B visa) but since I just recently turned 22 my H4 visa expired. My family and I apply for Green Card (with I485 hand in) in July 2007. The problem is, I just recently got accepted in to UK Graduate school (lse) and I would love to go. It's an one-year program, but I think I would need to spend 1 and half year in UK. Is there any way that would allow me to just study aboard for 1.5-2 years in UK without jeopardizing my I485? or worse my parents' I485? What application/document should I file? :confused:

    PS. I'm not sure if this information is any helpful but I am also a master's student in US. But my advisor said I can take one year off to UK and finish my US masters when I get back. Also, I'm a canadian citizen

    Would really appreciate any help,

    I asked my family immigration lawyer but she is completely clueless as to what I need to do.