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  • claudia255
    03-24 05:47 PM
    Thank you Mark!
    You did an excellent job. Your explanations were very clear and probably made sense for someone who is not familiar with EB immigration issues.
    Thanks!




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  • WillIBLucky
    05-30 01:39 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.




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  • CHHAYA
    02-03 01:23 PM
    I have a question.

    I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

    I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

    Is that true? Is there anyone in my situation who has done this porting successfully?

    Any help will be greatly appreciate.

    Thank you,

    I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.




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  • TeddyKoochu
    01-06 10:11 AM
    Hey Teddy,
    During you process for porting from EB3 to EB2 did you:

    1. Do this within the same organization after getting your advanced degree?
    2. Did you have to file for a new PERM and start from the begineeing under EB2?
    3. Were you successfully able to port your PD or did you start with a new PD under EB2?

    Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.



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  • needhelp!
    09-16 01:17 PM
    Check this task off your TO DO list..




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  • simple1
    06-12 06:04 PM
    Looks like msingh is an anti immigrant from loser’s guild and not a real singh/sikh or even remotely asian-indian.

    msingh is right now on googling to find out who is manmohan. :D

    Paaji msingh, Try contacting Manmohan Singh.



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  • gee_see
    10-19 10:54 PM
    Experts... any advise???




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  • mani_r1
    12-11 03:09 PM
    I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated

    Thanks



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  • punjabi
    02-22 07:19 PM
    Hi Kris,

    Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.

    Thanks.


    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps .....kris




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  • JunRN
    05-05 10:09 AM
    To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.

    Better yet, if they will include filing of i-485 even if PD is not current.

    The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.



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  • ivar
    02-07 09:43 AM
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.

    GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.




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  • iptel
    02-14 01:21 PM
    Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.


    Part of the report says

    Caps on employment-based green cards limit the number of high-skilled
    foreigners who can become permanent residents. The cap is set at 140,000
    visas per year, including visas for the workers� spouses and children. Each
    country�s nationals can make up no more than 7 percent of total immigrant
    visas. These caps have led to long delays for applicants, especially for workers
    from over-represented countries. For instance, some workers who became
    eligible in January 2006 for EB-2 employment-based green cards (for workers
    with advanced degrees or persons of exceptional ability) had applied for
    permanent residence five years earlier.
    A variety of proposals have been advanced for permanent employmentbased
    immigration to allow for more high-skilled workers and to reduce wait
    times. Any changes to the cap on the number of employment-based green
    cards would require legislative action. First, workers� spouses and children
    could be exempted from the cap, as is currently done for the H-1B program.
    Spouses and children make up about half of the recipients of employmentbased
    green cards, so this change would roughly double the number of
    workers able to get employment-based green cards. Second, the fixed 140,000
    cap could be replaced with a flexible market-based cap that would increase or
    decrease with demand for workers eligible for employment-based green cards.
    Finally, under current policy, nationals of no single country can receive more
    than 7 percent of green cards. This share could be raised to reduce the long
    delays for employment-based green cards for applicants from countries with
    large numbers of desirable, high-skilled workers. Careful enforcement of
    limits on foreign nationals� access to sensitive technology would provide
    continued protection for our national security.



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  • vbkris77
    09-22 10:38 PM
    Corporations save more than 10K.. It doesn't work..

    Average cost of employment in US for high tech is around 90$ per hour and social security
    percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.

    These companies actually pay far less than 90$ for offshore resources..

    Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:

    It will also be passed in an unanimous consent by both parties..

    Title: Creating American Jobs and Ending Offshoring Act
    Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)

    Cosponsors Sen Dorgan, Byron L. [ND] -
    Sen Reid, Harry [NV] -
    Sen Schumer, Charles E. [NY] -
    Introduced in the Senate.

    This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.

    Reid has the option to set up a procedural vote next week




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  • GooblyWoobly
    07-18 06:14 PM
    I have couple of questions, couldn't find answers in other threads.

    1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?

    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).

    TIA.



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  • brb2
    08-10 05:14 PM
    The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.


    Full press release:


    http://www.whitehouse.gov/news/releases/2007/08/20070810.html




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  • mzdial
    March 15th, 2004, 11:09 PM
    Yeah.. the quality is so bad -- I'm wondering how this is possible, right now at least. They would have to be space invader to get a pic that would be readable. I'm chalking this up to media spin to make people panic.

    -- Matt



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  • Winner
    05-21 12:31 PM
    Good post
    Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?

    I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.

    But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.




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  • nimb
    10-15 11:43 PM
    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?

    probably yes. Recently, I saw number of threads on where AC21 beneficiaries have been asked to submit 'ability to pay' documents from new employer. :(




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  • styrum
    11-10 04:44 PM
    Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

    Thanks for all the inputs

    Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?




    BPforGC
    03-05 03:18 PM
    It is easier to predict which stocks go up and which stocks go down on 17th April 2009, than what USCIS does. You will have more probability of guessing powerball winning numbers than that those f***ers at USCIS will do the next month.

    Don't waste too much time on this... leave it to KARMA and enjoy your life.




    saravanaraj.sathya
    08-22 04:27 PM
    Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.

    I will call these people in Buffalo to find out if I can motivate them for rally..

    Thank you




    saravanaraj.sathya

    You have not updated your profile with your full information. Please do so asap.


    OK we have tons of members from Buffalo. Now it is upto you to contact them. We have several more from Rochester and Syracuse....
    Can you take charge of contacting them and making phonecalls? get in touch with NY chapter and volunteer to make phonecalls to all these members:

    Mkolken
    Bhatya
    DEVILLION696
    Drajaybhora
    Freidyeid
    gcny2006
    nkumar
    brahmam
    mach
    GCgal
    Mdforgc

    But first update your profile. ONly then NY chpater will be able to help you.



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