Sunday, June 12, 2011

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  • kisana
    04-11 04:27 PM
    Can any one who has used e-file , please advice for my last two questions.





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  • stemcell
    03-12 02:09 PM
    congrats and best of luck.





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  • mrajatish
    04-17 03:41 PM
    Agree with you - my wife's PERM approval got lost in mail and she had to apply for 140 with an electronic copy as DOL will not issue a new approval notice.

    Mine, of course is languishing in BEC.

    The inefficiency of DOL is really incomparable - they are much worse than USCIS.





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  • calgirl
    08-07 09:14 PM
    Infopass should be able to get you NC info. It just depends on the IO officer there.
    I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

    Nebraska is not actively processing India EB2 cases.
    Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

    Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

    Hope this helps..

    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth



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  • mdforgc
    02-17 08:39 PM
    Great job, wish u good luck, We will do our stuff in nY/NJ and meet lawmakers here





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  • mantagon
    07-15 01:18 PM
    I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.

    Yes, thats exactly what I meant. Thanks for the clarification.



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  • ksairi
    08-16 02:38 PM
    Please advice





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  • coopheal
    04-12 07:17 PM
    If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...

    This is correct. Only your attorney will get the RFE.



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  • Ann Ruben
    06-25 06:33 PM
    The link below describes where and how to apply for humanitarian parole.


    USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)





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  • njdude26
    08-26 06:37 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !



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  • tuhin
    07-17 11:04 PM
    Thanks again folks... I will get in touch with a lawyer and let y'all know what I learn.





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  • cinqsit
    02-02 08:43 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

    Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)

    Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.

    They will check for ability to pay and other checks the they do at 1140 stage again.

    Good luck

    cinqsit



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  • waitin_toolong
    07-27 09:53 AM
    no it wont be that is what is meant be dual intent for H and L visas.
    Can you quote a source on your assertion.

    That used to be true at a time but changed in afer clarification in 1999/2001





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  • cbpds
    08-03 06:27 PM
    you missed on one fav diet control idea ---drinking Green tea :)



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  • rskanth
    08-08 06:19 PM
    And you know this how?:confused:





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  • desi3933
    04-02 01:02 PM
    .....
    Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....


    Three things here -
    1. For eb-2, bachelor degree must be "single degree" and not a combination.
    2. NIIT is not a recognized diploma in India and therefore has no value.
    3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.

    Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.

    You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.


    ________________
    Not a legal advice.



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  • wandmaker
    12-11 03:00 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post

    No, you will have file I-765 form with USCIS, you can do paper filing or electronic.





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  • willigetagc
    08-15 09:06 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.

    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!





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  • srkamath
    07-16 05:39 PM
    Is there offered salary criteria associated with this category?
    Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.

    Clear as mud??, i hope i have explained it well ...





    ArkBird
    06-26 10:42 PM
    If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.



    I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

    My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

    I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?


    Thanks in advance. !!!!





    dealsnet
    08-04 01:51 PM
    She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.

    USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
    That is why they again send RFE for some people.

    Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)

    If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
    She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.



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