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  • qplearn
    08-30 09:50 AM
    Ombudsman:

    Exactly what are you doing here? You raise irrelevant points, just to stall the discussion so that no progress is made. (You were doing the same thing when genscn raised some stupid questions on another thread about the SKIL bill.)

    I think you want to prevent all kinds of immigration, and my suspicion is that you are not an immigrant at all.

    Keep out.

    qplearn

    Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.





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  • nixstor
    01-23 09:31 PM
    Same here. Company attorney mailed 3 year H1/H4 extension today. Hopefully, I will get H4 approval and I-94 before April 1st. If not, I will pray for the H1 cap increase. And if not, I will apply for H1 later this year under Masters quota.

    I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?

    Well, I am gonna give it a shot by going for PP and hope the H4 extension is approved as well along with 129. I will do that only if H1 cannot be filed for when a H4 application is pending. I am gonna check with some attorneys and will decide. The only catch is if you dont spend 2K or some thing you might lose 50/60K until oct 08 and time is of essence. Who wants to sit idle for so long?

    H1B cap of 20K is for students with Masters Degree. If you have Masters Degree, you can file for H1 which will count against that cap. It has got nothing to do with job requirement.





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  • Maqrkk
    03-18 06:31 AM
    I voted for Templarian's 'Code'. Simple, but I like it!





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  • nayekal
    08-07 10:35 PM
    Guys,
    Not sure whether my suggestions help any one, but I do have some real time knowledge about this process.

    You can do EB2 with following options
    1. A bachelor's (4 year degree) + 5 years exp. This exp should be with prior companies.
    2. Master's with no minimum exp.
    I am assuming you guys already have knowledge about EB2 requirements and skills. Basically, there is nothing in IT, which needs Bachelors or Masters. Requirement is defined by HR on advice by Attorney. Any job requirement can be defined as some thing which needs a bachelors or masters.

    My company applied for me and another guy under EB2, since both of us have master's degrees over here. But, for another guy who had 7-8 years of prior exp, my attorney applied in EB3. This guys is a dev team lead and is one level above me.
    By April 2008, we had our I-140's approved, but this guy (in EB3) doesn't know he in EB3.
    Accidentally, I found out when I am cross checking with him regarding H4 extension for my wife, whether he did it on time for his wife.
    We forced him to talk to HR and Attorney and they agreed to do EB2 for him.
    Attorney simply filed I-140 under EB2 using his EB3 labor and it was approved in 4 months.
    We are confused about this whole process, but it worked for him. May be some of you, who falls in this category can try doing the same with out actually changing jobs.

    Another option for people who are using EAD. I am encouraging one of my colleague to get him to talk to HR, to apply for EB2. He doesn't have H1, but one doesn't need to have H1, when they have some thing like EAD. They can use EAD to change job and start the process again, but once their ported old PD with new I-140 was approved, they will be ready to file new I-485. This will reduce their waiting time a lot.

    Thanks,
    Nayekal



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  • Desertfox
    03-16 02:32 PM
    I find Ron Gotcher's website very informative. It�s your choice not to read or to disagree with the speculative part, but he definitely is doing a fantastic job of educating the immigration community by answering the simplest of questions. I don�t care if this is a marketing tool for him, but I get a huge relief on the verge of getting laid off, when he quotes from the law-book to assure me that it�s ok to be unemployed after AOS. He takes the time to do that for me. There are not too many out there doing the same!
    (just don�t jump on me yet saying that there are other attorneys out there answering the same question, as I just said it as an example)





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  • smehta1
    05-24 01:41 PM
    Done



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  • number30
    03-18 10:12 AM
    I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.

    Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.

    He will have the H1 status until the expiry date. But only thing he may not be able to transfer H1 if there is no other case is pending.





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  • new_horizon
    08-20 10:35 AM
    Does anyone in the IV core have any comment on this? Pls do express. Thanks.



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  • Pagal
    03-23 05:43 PM
    Hello Chi,

    I don't think there is any restriction on other income till it is not from a breach of your visa status. You can earn income from a business as a passive partner, but not as an active owner while on H-1B or H-4.





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  • webm
    05-22 03:22 PM
    my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single

    I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.

    If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.

    I have a fall back to EAD though based an approved 140 and 180 days past 485.

    But how do I get the spouse then???

    Do H1 transfer (Premium processing) ASAP with AC21(similar job) and you should be in a good shape..



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  • ganguteli
    02-05 08:03 PM
    Help!!

    Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!

    My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.

    Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.

    Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.

    Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?

    Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.

    You are undergoing what a lot of H1Bs go through.
    They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.

    You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.





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  • stucklabor
    06-20 09:54 AM
    stucklabor,
    Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
    If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.

    Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.



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  • panky72
    08-13 05:52 PM
    I wanted to get an idea how many EB2 guys would be willing to visit DC to meet lawmakers to help out our EB3 brothers. Unquestionably all EB3 should be willing to visit. This is the chance to show that IV is indeed one.

    Refering to this thread

    http://immigrationvoice.org/forum/showthread.php?t=20858

    I am EB-2 but I would come to help EB-3 brothers because I am sick of broken immigration system.





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  • aya2004
    05-22 02:58 PM
    What about folks who entered the US after January 1st 2007, any chance they can apply for Z visas ?



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  • Jimi_Hendrix
    02-14 06:14 PM
    I called Senator Ed Kennedy's office and was told that CIR is likely to be introduced in early March something like first week. They of course told me that there are no guarantees, but more a reasonable probability.





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  • rajesh_kamisetty
    04-20 10:26 PM
    How about that?



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  • sanju
    04-04 01:48 PM
    Some people are just getting married to US Citizens and getting green card. we are waiting for ever. my friend came here last year got married and have a greencard.


    And did anybody stop you from marrying someone who is a US Citizen. Why complain about it?





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  • gcdreamer05
    01-06 04:21 PM
    Did any one tried filing single and then amend join in 2007 - can you share your experiences here ....





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  • whiteStallion
    04-30 09:15 PM
    Good one !





    WeShallOvercome
    08-16 03:30 PM
    One way to get reciept notice or anything else for that matter is to file G-28 and change attorney on record. Second would be to file for Freedom of Information Act (FOIA) and asking for all the records. Here what I gathered from Murthy Chat

    Chat User : When the employer sponsors and retains the I-485 receipt without processing the EAD/AP, can an individual apply for an EAD mentioning the receipt number without jeopardizing GC processing?

    Attorney Murthy : Yes, a person may file the EAD with just the receipt number on the Form I-765 without jeopardizing the I-485 processing. The EAD and AP are merely incidental benefits and are not directly connected with the I-485 processing or adjudication.

    BumbleB


    BumbleB,

    Even if I can apply for EAD/AP, will I be able to change employer using AC21 without the receipt notice? Using G28 may not be an option before 6 months as the current lawyer is hired and paid by the employer.

    How much time does FOIA take?



    Thanks





    sixburgh
    04-12 11:08 PM
    Hi

    Only My wife has got a medical RFE.
    It talks about going to original civil surgeon and getting a TB test again and a Xray.
    Did you face a similar situation as ours?
    If yes can you throw some light on how to proceed.
    I cannot go to the same surgeon since I live very far now.
    Also worried why they have generated this RFE when I had submitted everything properly!
    Anyways any guidance provided is much appreciated.

    Thanks



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