Friday, June 10, 2011

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  • helmet
    01-15 08:37 PM
    I think they will send the results with in a week time. you have to mail them the original results certificate with in 120days.




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  • bestia
    11-21 03:16 AM
    Meridiani.planum.... Thanks for your reply....
    Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?

    Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.

    "Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.




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  • ksircar
    02-15 10:05 AM
    I like the idea. But, when I had raised a similar issue before, some member called it "like begging at Indian Temples".

    I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.




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  • GCBy3000
    04-15 07:35 PM
    I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

    THe LPR clearly states that it will become void if any of the below changes.

    1. Job description
    2. Location
    3. Something else, I dont remeber.

    The above will not come into effect, if you had crossed 180 days of 485.

    Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

    I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

    AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.



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  • Green.Tech
    08-05 05:02 PM
    Guys n Girls,

    I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

    I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

    Comments please.

    Thanks!




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  • belmontboy
    11-09 06:02 PM
    Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.

    But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.

    A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.

    That would be the view of Dr BalKrishna Matapurkar.

    There is no accepted literary evidence to support his views. If so, please point me to that



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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.




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  • Danko
    01-06 07:36 AM
    I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers.

    Sounds like a conflict of interest then:

    kirupa.com - Shocked Resource for Making Designers better Developers!
    :beam:



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  • pd052009
    08-20 02:38 PM
    Considering the amount for H1 transfers(Hope the economy improves a lot for easy h1 transfer), the collectable amount will be more than 600M.




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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.



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  • noone2day78
    02-10 07:00 PM
    Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....


    So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?




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  • graylensman
    11-25 02:15 PM
    * Due to my mistake, graylensman's votes weren't counted in the final poll.

    For what it's worth, four of my five selections did indeed make it into the final balloting.



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  • hope_4_best
    09-05 04:25 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?




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  • mchundi
    02-14 07:42 PM
    It is almost 3-4 months for me tracking the progress of S-1932 and the comprehensive immigration reform process. I know some of u here have been lobbying for this even longer.
    To begin with a few of the immigration bills were to be taken up last september, then Bill Frist said "he will schedule immigration bills in 2006 only". Well i thought we have to wait till jan '06. Then from the blue came the S-1932, it had everything in it that i was waiting for. It was definitely an overkill, No wonder it did not go thru. If it had just the recapture of the unused numbers it would have probably gone thru.
    Now the comprehensive immigration bill is not likely to be taken up until end march. If something else more important comes in, then it might be postponed to the next year.

    We r caught in the politics of one-upmanship. The administration wants immigration reform. May be it wants to take credit for it. Some dont want it. The Senate majority leader is not interested in it. May be it is him we should lobby.


    May be we should change of tactic now. PACE has a good chance of going thru this year. May be we should lobby to tag the unused numbers into the PACE. That will atleast keep the PD current for a couple of years, before which the CIR can be taken up.
    Just a thought.
    --MC



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  • snathan
    05-19 04:25 PM
    The statue of limitation is, i believe, 2 years.

    No, its only 12 months.




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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.



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  • xgoogle
    08-20 01:52 PM
    Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.

    For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:

    Current Status: Case received and pending.

    On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    PD: 3/3/6




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  • ExoVoid
    06-13 05:21 AM
    CONFUSED: what is up with those percentages, my count is just a bit above 100...
    I get approx 600%




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  • GCBy3000
    08-24 11:32 AM
    I dont think people who are affected by retrogression are living life with some principles. If they are in this situation, itis because of their own decisions. Again as redcard said, coming here on F1 is for study and not for GC. Coming here in H1B is for work and not soley for GC. May be the individual knows in advance there is possibility of getting one.

    Doing MS or PhD, you could very well do in your home country. Why did you choose US on first place. I have seen people who are unable to get H1b, getting F1 and coming to US. By the way I am not blaming all F1's here. . By doing MS or PhD, your original intention of coming to US is well achieved. Then if you decide to go into H1, then you join the people who are here in H1 irrespective of their degrees. Intention of H1 is to work and sometimes even to apply for GC. So cribbing too much on having a MS is not good.

    I bet there will be a huge number of people if given an opportunity to get pre-approved labor, they will get it somehow. You and I did not come across one.

    Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help




    shutterbabe
    11-18 10:21 AM
    Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.

    Hi, I didn't receive my EAD after the 90 days and my lawyer caller the customer service center and they told her that it hasn't been issued because I haven't gotten FPed for it even though I have gotten my FP done for the 485. Is this right? I have never heard of a separate FP needed for an EAD. I am really confused and despite several attempts to make an infopass appointment with the local office I keep getting "no appointments available" notice. My another question is can I get an appointment in an office that doesn't service the region? I live in Southern CT and New Rochelle, NY is the service center that I got my biometrics done and since I didn't get a date putting my own zip code in - I put New Rochelle's zip in it and it gave me openings in New York City. So, can I go see an officer in New York City even though that is not my local office?

    Please help, I need to get my EAD soon since my job is waiting for it.:confused:




    pandu_hawaldar
    06-04 11:09 AM
    I don't think its necessary to have kind of a verification letter from bank. I only sent paper statements for past 6 months, that's it. I printed the same online and also did order in mail through 1-800 number of BOA free of charge. As a matter of fact, in my situation at that time, I was not worried about sending this verification letter, because we give enough docs for our genuineness and I thought monthly statements would suffice.

    I guess you should close the account with that bank (or atleast make it non-active) and open one locally.

    My $0.02 :).



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