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  • micofrost
    07-12 01:34 AM
    "We continue to pay for Your Social Security
    But the presidency gives illegals over legals more priority"




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  • freedom_fighter
    01-14 01:13 PM
    she had sep 2004 eb2.

    i've changed my pd date to avoid confusion. USCIS is going by the queue, so dont worry..




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  • mnq1979
    06-26 10:12 PM
    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. !!!!




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  • my_gc_wait
    08-10 11:20 AM
    1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
    2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

    And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.



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  • GotGC??
    03-27 02:09 PM
    You missed the sarcasm, never mind :)

    Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.

    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?




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  • gchopefull
    10-02 03:52 PM
    just pm you.
    thank you



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  • aadimanav
    09-19 06:20 PM
    How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."



    Hey Guys/ Gals

    Senator CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activiites of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table

    Highlights:
    a) Recapture of Unused Employment-Based Immigrant Visas

    b)Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

    ``(1) 290,000; and

    c) Retaining Immigrants Who Have Been Educated in the United States




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  • Canadianindian
    07-08 10:02 PM
    This video has either been removed or has a malformed URL


    Check again



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  • eagerr2i
    11-06 03:28 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.




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  • NH123
    10-20 05:41 PM
    Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.

    Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks



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  • forgerator
    11-08 04:38 PM
    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o




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  • kaisersose
    07-16 11:52 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.

    AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.

    Like I said earlier, using EAD does not change the status.



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  • Macaca
    12-07 10:53 AM
    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.

    I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.

    Your arguments are logical.

    I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?




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  • my_gc_wait
    08-10 12:16 PM
    yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
    For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)


    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.



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  • sss9i
    08-05 10:42 PM
    I didn't fill G28 form.
    Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
    Thanks




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  • buehler
    01-03 10:46 AM
    IV is working on this and we shall be making this live shortly.


    Pappu,

    Thanks to the core group for working on this. If I may make another suggestion- have you thought about using Google checkout? For one there is no transaction fee till the end of 2007. This would be particularly beneficial if you're trying to collect smaller amounts like $20 every month. Second Google also gives a discount of $10 or $20 for the first payment depending on the amount. So it might turn out to be a lot better for IV when compared to PayPal.



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  • calboy78
    01-09 12:47 PM
    which service center? You can ask your employer to ask USCIS as 140 is employer's application.




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  • number30
    04-30 10:09 AM
    This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).

    That is right. That is the reason get married in US. Even then they can question the intent.




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  • Savi
    07-07 09:47 PM
    And here is the answer (unless I haven't digged back far enough!)

    http://immigrationvoice.org/forum/showthread.php?t=5990


    BTW, I am curious as to who first proposed this idea.




    cool_desi_gc
    08-22 12:48 PM
    Paper filed to TSC and my 485 is pending at NSC
    PD: EB3 Dec 2002

    EAD sent to TSC on July 10th
    RD: Jul 11th
    ND: Jul13th

    EAD expiring on Oct 3rd.So my countdown started.

    This is scary man...




    sukhwinderd
    02-17 09:06 AM
    but how do we know it reaches everyone waiting for GC. i think people active on IV are willing to contribute in one way or another, but we are unable to spread the message across EB community. as someone suggested, we need to send email to everyone registered on IV website and ask them to contribute in whichever way they can.



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