Thursday, June 9, 2011

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  • SertTurk
    07-18 01:51 PM
    Hello,

    I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
    My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
    Can someone confirm this?
    Is there a solution?
    Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)





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  • perm2gc
    10-20 12:11 PM
    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
    you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..





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  • sgupta33
    08-28 04:14 PM
    What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...

    All the needed details would be in AC21 threads...

    Yes, I have looked at the AC21 threads and they have been very helpful. I was hoping my current attorney could give me information on the process of transferring my H1B, the costs involved, and how long the process takes. Again, I work in the mental health area where agencies do not have immigration attorneys on staff so if I port, the new employer will not have an attorney that can help me. Thanks.





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  • tnite
    08-18 01:13 PM
    They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
    from webster : speculate -to review something idly or casually and often inconclusively

    If you read the last line of the paragaraph from NYT posted by OP "As a result, the total tally of applications received in the last six weeks was not available ", this info runs counter to what NYT claimes USCIS received .
    Thats why I speculated. Dont gimme the "dont speculate or confuse us" crap.
    take everything with a grain of salt.



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  • waiting for GC2010
    11-16 02:35 PM
    I heard this from one of my friends
    one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
    Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
    So,the guy also changed to EAD.

    But ofcourse this might not be the case with everyone.
    never knows everything depends on our fate.





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  • BharatPremi
    03-18 01:44 PM
    what is GC sponser?

    Amazing... Do you really have an EAD?



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  • mohit7ul
    07-13 02:10 AM
    Hi Raysakat

    Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application

    Thanks





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  • dilvahabilyeha
    08-09 01:19 PM
    Hi, Thanks for your reply.
    Also by any chance is "alien receipt number" same as the A# that appears
    in my old OPT-EAD? If yes then perhaps I can use that? I know that
    "A#" is called "alien registration number".

    Thanks, Mtsaha


    it's the A# in your 140 approved petitioin.
    Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.



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  • sparky_jones
    05-07 12:23 PM
    Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).

    But I found this article from Murthy.com to be conclusive on this matter.
    MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)

    Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.

    I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.

    So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...

    At the end of the day, it boils down to you. Who do you want to trust?





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  • clockwork
    07-18 05:41 PM
    just emailed... it should have 4 pdf files.

    Done buddy. Please look at my previous post. Thanks for sharing info. :)



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  • eager_immi
    02-12 10:48 PM
    i think you can use experience from your OPT if you have any even if it is with the same company.





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  • haveaquestion
    03-06 01:07 AM
    Hi I'm currently working as a strategist in an ad agency on OPT, which expires in June this year. My H1B application was denied because my major in college was French and the lawyer obviously wasn't able to establish the connection between my major and my work (although in my defense, my college was a liberal arts college, there weren't any specialized majors such as advertising, communications, etc. It's all about cultivating critical thinking, analytical skills, communication skill, which are all essential to working in advertising). So my question is, if in the future I want to come back to the US on an H1B visa, would that be possible? Is this issue with my major going to haunt me for at least 12 years (as in 3 years of working experience equal 1 year of college education)? Given that I do want to stay in the advertising industry, what are my options to solve this issue? Would getting an MBA with a marketing focus solve this?

    PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?

    Thank you very much!



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  • seahawks
    04-28 11:13 AM
    depends on how you filed it, if its premium processing, you get a decision in 4 to 6 days.. amazing what an extra 1000 dollars can do. I waited 4 years to get my labor approved and I-140 in 14 days with premium processing.





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  • Enebreus
    01-19 07:36 PM
    Just a quick note. I used the Box2d Library for this project so this might invalidate my entry... if that's the case I'll have to put all hope in my second entry!



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  • matreen
    08-27 09:43 AM
    If university is not accredited with ABET, USCIS won't accept this masters for EB2?

    I believe there are lots of other universties are not accredited with ABET and and who have done their masters from these universities they are getting EB2 approvals?

    Thanks,
    Matt

    .....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o





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  • rajenk
    11-18 05:51 PM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!

    No body answered the OP. I will try to answer it.

    I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.

    If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2



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  • sin94
    11-11 01:08 AM
    Folks,

    I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.


    What are my option here?





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  • dealsnet
    07-10 11:08 AM
    You can't take any pay check from other entity.( same owner does't mean same company- you may need to amend the petition, if you have diffrent job site with same pay check). You can take a part time H1B and work other site with diffrent pay check. If you have EAD (I-485 filed) you can take any pay check.

    Hi,

    Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).

    Any answers would be highly appreciated.


    Thank you.





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  • dixie
    12-01 11:19 AM
    It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)

    That pretty much covers our current situation :( ... EB immigration is driven by corporate interest and obviously it is geared to benefit them to the maximum extent possible.





    xiaomatu
    06-05 04:33 PM
    My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Document mailed to applicant.

    On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.





    coopheal
    11-06 06:51 AM
    Bump



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