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  • venky80
    06-15 07:43 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks




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  • ita
    01-23 03:15 PM
    Did you mean the perosn filling the form or people visiting (between 15-55 years of age?)

    I finished D156 but didn't show 157 form

    Thank you.




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  • insbaby
    06-12 10:18 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

    It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.

    As you have agreed that two US Citizens are available, you must give them the oppertunity.

    If not, not only you are but your company is also in trouble.




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  • rockets12345
    10-29 09:54 PM
    Hi,

    I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.

    As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.

    My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.

    Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.

    Any feedbacks are appreciated.

    Thanks



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  • razis123
    06-16 10:13 AM
    Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




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  • spicy_guy
    04-08 04:47 PM
    I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)

    Krupa

    If that were to happen, EB3 I should move at least one month ?!!?!



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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266




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  • aph0025
    11-12 10:36 AM
    Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.



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  • asanghi
    10-15 11:51 AM
    What are you saying? Health Services dismal? I thought it was better than US in many aspects. The cost is cheap for treatment (unless you have some uncommon disease. Since the system is churning up so many doctors, there is a lot of competition. Even in small villages you will find many doctors competing for patients. Maybe that is not true for everywhere, but that is what I have seen in my home state Haryana.

    Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO

    US has been in number 1 in the past, moved to 2nd spot for a couple of years, in the world competitiveness rankings. For the first time, the US moved to the 6th Spot in the world rankings by the world economic forum (Europe based Institution). The main reason was because of the huge current account deficit and negative savings (mainly federal deficit) which is a threat to the US competitiveness. China moved down due to corruption etc. India moved up but any further movement will depend on structural reforms, especially controlling the huge public service and red-tape and a creaking infrastructure - power, roads, ports, water supply - all of which are run by the government. The health services in large parts of India is dismal and so is the public education system (K-12). With the left firmly controlling the ruling party, deregulation is slow and insipid, and it is the private sector which is basically contributing to the GDP and Competitiveness. Here is the link to the actual rankings for 2006-2007
    http://www.weforum.org/pdf/Global_Competitiveness_Reports/Reports/gcr_2006/top50.pdf

    The reasons for the rankings are given here
    http://www.weforum.org/en/fp/gcr_2006-07_highlights/index.htm




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  • raysaikat
    04-21 12:00 PM
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..

    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

    Yes. You might need to file a new H1-B petition though (I am not positive on that).


    b.) Can i file for H4 on my own..is it complicated?

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..

    Yes.


    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current

    Yes. You do need to file an application to change it into CP.



    thank you!

    Note however that you need to have a job offer to get the GC.



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  • ocpmachine
    07-06 04:41 PM
    Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.

    Good luck

    HTH

    kris

    Kris,

    I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.




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  • gkaplan
    04-22 12:13 AM
    country if birth is germany



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  • pappu
    08-14 09:54 AM
    The IV Advocacy kit is now available to all donors and state chapter leaders. Please contact your state chapter leaders to get the kit.




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  • srh1
    10-28 07:03 PM
    can any one reply to this thread please



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  • kondur_007
    04-06 01:26 PM
    One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?

    AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)




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  • ilikekilo
    04-19 06:11 PM
    When you go for a loan against the credit card balance, there are two types.

    1> 0% to 1.99% short term loan with 3% transfer fee.
    2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.

    The key thing for both the loan is...

    1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
    2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
    3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.

    If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.

    GCisaDawg


    Right, also I believe #3 you mentioned is taken care of by the new law done b y Bama...I dont think so creditors can do that anymore..



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  • nixstor
    04-13 06:30 PM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav

    If you decide to reply, tell the truth.

    Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.




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  • bbenhill
    09-18 02:56 PM
    Hi, I believe you can only use EAD and AC21 after I140 is approved and 180 days of filing I-485.

    Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.

    PS : I am not a lawyer/attorney. please use this information for your own risk.

    Thx




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  • girishvar
    07-13 08:14 PM
    Hello all, If you are from Texas please reply to this thread to get together and activate our state chapter. Any ideas are welcome. So please post to this thread and see how we can contribute/Volunteer to make IV stronger.
    Thank you


    I am in San Antonio, Texas




    starscream
    07-05 04:39 PM
    I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

    I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

    Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

    Anyone gone through my kind of situation before. Please send me a PM.

    I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.




    lagsam
    07-22 07:26 PM
    We have the same case. Our AP's (mine, my wife's and daughter's) are expiring next month. Fortunately, I have a close friend and an immigration attorney.

    He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.

    Three of us are paroled.

    He also explained that it will not affect your AOS.

    I hope I was able to help you.

    FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.

    Goodluck



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