Monday, June 13, 2011

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  • kaisersose
    04-21 02:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.

    Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.

    So evaluate your options.




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  • fromnaija
    02-25 07:18 PM
    can anybody help me here?

    Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).




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  • yanj
    12-14 11:58 AM
    I searched some ways to solve the GAP problem.

    Now I collect it and please correct it if I have some mistakes.

    GAP problem is a normal problem . So we can share our information about it

    to help each other.




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  • rajbgp2002
    12-22 07:28 PM
    thanks for all response.
    It was very helpful in understanding.

    I wonder how strictly the SAME OR SIMILAR job is defined.
    Should the job description match exactly the labor certification.



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  • toprasad
    06-11 07:43 AM
    I have copies of all my I-20's and H1B's with me but I never kept copies of I 94 cards. Now if they start asking for all such documents its going to be very difficult. What happens if you are missing an old I20 can you ask school to go thro their records and issue a duplicate. To be honest from 2003 onwards everything is online via SEVIS so they should not even ask us for paper documents. Same with H1 with this new system they have started from this year.

    I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.




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  • kaisersose
    08-01 01:29 PM
    But dont you guys expect improvement after all this fiasco ?
    Do you not agree that INS will learn some lessons from this ?

    They certainly have. We will not see dates becoming C ever again.

    They may also come up with a new system where the DOS bulletin is only for USCIS use and we will file 485s based on another bulletin released by USCIS, which will be a more accurate reflection of what is happening inside USCIS.



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  • ajju
    02-27 02:48 PM
    I have the file numbers etc since I got finger print notice last year so am set up online to track the applications. But just haven't see the receipt notices come through. Should I be concerned?

    If your lawyer filed on your behalf.. the receipts might've just went to him... Check with your lawyer...




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  • sweet_jungle
    02-25 03:55 PM
    If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.



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  • sanjay02
    07-25 07:36 PM
    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.

    Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?




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  • eb3retro
    03-15 01:38 PM
    eb3retro,

    Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.

    Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.


    Thanks for the response admin, I understand your concerns.



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  • sheela
    10-05 09:58 AM
    Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.


    Nothing makes sense.

    Thanks
    Senthil

    hi, Do you know: How recent, which nationality, when was his/her aos filed




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  • thandan
    03-17 11:33 AM
    I am not sure I agree with you on that EAD will go invalid if the primary applicant stops working fulltime. This is because the greencard application and everything associated with it is for a FUTURE job offer.

    What I am trying to see is the analysis of this situation from the point of view of an attorney. It would be great if one of the attorneys can chime in here!

    Couple of more points in case it wasn't clear in my original post

    1) I am the primary applicant for this greencard application.
    2) The option of going to MBA after I get the greencard will not work. For one, it will take me (eb3 india) years to get it, at which point going for an MBA will be too late. Also I got this opportunity to attend a top-3 MBA after so much hardwork and I do not want that to go to waste.



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  • jasmin45
    08-21 10:36 AM
    Go party now!




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  • nashim
    07-15 03:42 PM
    Hi Gurus,
    1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

    2) Is it possible to file second EB2 I-485 through my future employer?

    3) If file second 485, what will be affect on pending I-485?

    Thanks



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  • hpandey
    06-02 03:16 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.

    This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).




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  • nissan_1
    11-30 12:59 PM
    Thanks for your reply guys..I have 71 points (with 16 language point). Hence I have to get at least 12 points in language skill. I think i will have to sit for IELTS..no other choice man :( But I have found in one canadian immigration forum that one guy with similiar situation replied back to canadian consulate that he studied English from school and also his work experiance is in english and he really thinks he should get 16 points. And then the embassy called him for an interview in NY and finally he got his PR. But this is just one example, everyone else ultimately took IELTS...

    For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.



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  • wandmaker
    02-26 05:37 PM
    wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

    What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

    I know every one wants to help others in our community but think twice before replying

    I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out

    (1) The reason for amendment denial
    (2) Whether the employer is exploiting him due to his ignorance
    (3) Whether the employer is abusing the immigration system.

    BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.




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  • thandan
    03-17 06:07 PM
    For sure, I will be consulting with an attorney, but just wanted to get as much information as possible. From what I have seen, the lawyers who reply to these posts here give some very valid points which can then be the basis of further discussions




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  • neogator
    01-19 05:17 PM
    If they were famous, popular, talented etc etc....wouldn't they be EB1 rather than EB3 .




    lazycis
    05-01 11:54 AM
    If old I-140 has not been revoked, you are entitled to the old PD.
    8 CFR 204.5
    (e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.




    chanduv23
    11-14 09:23 PM
    State chapters help organize and train members for lawmaker meets and it is very essential that we as a community stand up and speak for ourselves.

    It is very essential that we meet our lawmakers.

    Join the State Chapters now and meet your lawmakers



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