Friday, June 10, 2011

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  • satya1234
    03-29 02:21 PM
    Thanks for the Reply.I did send.





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  • s416504
    02-03 10:04 AM
    I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...

    Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]

    A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

    As far as your labor qualifies for EB2, you are OK.

    USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    I have a labor approved for the requirement:
    "Must have BS in CS, EE or related field w/5 years of related experience"

    EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

    Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.





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  • vin13
    03-31 03:22 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congratulations!

    You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?





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  • AB1275
    12-16 11:36 AM
    My lawyer has submitted the advertisement to TWC for EB2 and EB3 category to weigh the options. She says it takes 5-10 business days for a response.....Is this true?

    She suggested that if we take the route of EB2 for the second time, the scrutiny will be more intense and hence my W-2 of 2008 should also show the wages per the payscale even though my new filing will start in 2009. Is this true?

    Kindly help!



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  • msyedy
    12-13 12:35 PM
    Cons
    (a) How many EB visas will they increase in CIR?...
    (b) Will they allow you to file I-485 before your visa number is available.
    (c) How stable would be your job be in comming years
    (d) What year of your H1 B are you in.

    1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)

    1a) favourable ... 1b) -- ?????

    2) If Eb numbers increase a) allow you to file I-485 to get EAD.
    b) Eb num increases but no I-485 until date becomes current.

    2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.

    2b -- opposite to 2a

    3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
    current.

    b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then

    Your decision....

    I may be wrong but I need GC quicker





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  • wandmaker
    08-14 06:37 PM
    I have received the cards in today's' mail. It has been almost a decade in green card journey. My support for IV and fellow IVans will remain the same. Thank you all for the wishes.



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  • eilsoe
    10-20 07:51 AM
    What makes Painter different from Photoshop?

    I've never tried/seen Painter before...


    Any odds'n ends in Painter that Photoshop doesn't have?





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  • webm
    01-23 10:19 AM
    Sounds great..esp TSC dates.



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  • NolaIndian32
    02-13 02:03 PM
    This is one IV you don't want to be left without: IV - Immigration Voice, working for the Employment Based Legal Immigrant Community





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  • thomachan72
    05-13 10:43 AM
    Hi Michael, just curious. Are you doing this alone? Don't have an attorney? I am not suggesting you should have one but just curious. If only we could all do this without hiring attorneys.
    Most of my friends who belong to countries with PD current are doing it themselves. They are surprised when I tell them that I use an attorney.



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  • factoryman
    06-19 04:33 PM
    Start worrying about LC approval notice and start working about AOS.

    Aaj kal nav jawanoku, ye kya ho raha hi?

    please post your comments





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  • sixburgh
    08-13 10:58 AM
    Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

    Either Change of Status in US or Status when you enter/re-enter to US.

    As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

    Lets wait until Experts speak.......

    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Aren't all H status people supposed to have Dual Intent?

    If what you are saying is true, what are the steps I need to take?
    Someone is suggesting that I should revoke her h4.
    What happens of the fact that she worked since the arrival of her h4 renewal.
    Its been less than 100 days....



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  • digmetalq
    08-21 04:27 AM
    Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.

    Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.

    Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.

    You are right about we are Aliens, you are right that we are not citizens of US and thus have no right to vote. You know why politicians ignore us, they know by the time we get our GC and then our Citizenship we all will be long dead.





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  • gcnotfiledyet
    07-15 09:26 PM
    I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?

    Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.



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  • hsm2007
    09-21 07:41 AM
    Yes this is my 1st RFE. My PD has been current since september. She applied with me in back in 2007.



    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks





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  • karthikgk
    02-19 07:01 PM
    Thanks guys for making the effort to understand my situation.

    i now need a couple of clarifications:

    pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.

    So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).

    Is that understanding correct?

    Further, the new Eb-2 application from my would-be employer would be for an Engineer position.

    Are my assumptions correct?

    Thanks much



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  • wandmaker
    03-30 11:10 PM
    Congratulations....
    A couple of questions, which could everybody in analysis
    - Did you use EAD ?
    - Did you use AC21 ?

    Thanks

    Can you please fill your profile (chargability is missing....), this will also help IV to analyze (slice and dice)





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  • lostinbeta
    09-05 10:13 PM
    Nice new footer too dan. I likes.....





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  • FredG
    May 18th, 2005, 09:46 PM
    Sometimes it's hard to get the dust off the sensor with one cleaning. I've cleaned mine once so far, and it still has some dust. I need to get some compressed air so I can recharge my $3 "sensor brush" from walmart and clean the CCD again. ;)Please continue to post your results with that brush. The article you initially referenced was quite interesting. You are the official Dphoto guinea pig for the $3 brush.

    GC Basic Question - H1B [Archive] - Immigration Voice

    View Full Version : GC Basic Question - H1B






    frostrated
    09-09 03:33 PM
    Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.

    I-140 is approved.

    I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.

    Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
    Or is it better to wait for Advance pArole decision?
    If Visa, under what category?

    Thanks

    As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
    If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
    If it is still denied, then you will have to wait for your green card to be approved.





    saketkapur
    10-11 01:00 PM
    I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
    Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....

    PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney



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