Thursday, June 30, 2011

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  • gsanthosh
    10-15 01:08 PM
    Hi ,
    Iam also in same boat. Application reached USCIS NSC on Aug3rd. Signed by Kujera. No updates till now.





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  • neeidd
    12-04 11:03 AM
    Hi Guys,

    Could someone provide me with the Employment Letter Format (Based on this format, I will get my Employment Letter from my Employer) which I can show at POE, chicago while coming back from INDIA.

    Thanks a lot





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  • hibworker
    11-22 05:50 PM
    If PERM is pending for over a year, then the new employer can apply for H1 extension for 1 year. This whole PERM process will have to re-started with the new employer.

    Since this is a unique case, you should check with an attorney.





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  • sammas
    07-12 03:19 PM
    * The expiration date of an approved labor certification depends on when it was approved.
    * For labor certifications approved prior to July 16, 2007, the labor certification expires 180 days after July 16, 2007 – that is, January 12, 2008– unless filed prior to its expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition for alien worker.
    * Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition.

    Source : PERM Fraud Rules FAQ’s | usavisanow.com. Immigration Law Office of Maritza Diaz, PC. (http://www.usavisanow.com/perm/perm-faq/perm-fraud-rules-faqs/)
    Go to the last question



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  • Roger Binny
    05-30 05:25 PM
    2) can she do any thing about medical exam in India. I mean can she get a certificate from India?

    They may not accept a certificate from india, medical exams has to be done by a civil surgeon in your area who is authorized to perform the tests.





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  • delhirocks
    07-23 07:29 PM
    Interesting situation. Technically you will be better off on H1 (since you have that approved for 3 years). I would do that if I were you.

    Only issue I can think off is, f your husband (Iam assuming primary 485 applicant), would move over to EAD (after Sep-07), would that impact your H1 in any way(I don't think it should).

    I'll let someone more knowledgable answer that



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  • sameern
    06-18 03:37 PM
    Sertasheep, Does the I-140 application filed in May 2007 come under your required category or not? Let me know.

    Sam





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  • GCSOON-Ihope
    02-21 10:32 AM
    Yes, it can be done. Basically, you have to show that the work experience is at least the equivalent of a College degree. There are people, called "evaluators" (or something like that) that analyse all the credentials and work experiences to determine that equivalence. Immigration attorneys know how to use those "evaluators" whose "evaluations" are usually accepted by USCIS.



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  • ambals03
    04-12 02:13 PM
    Facebook Washington DC | Facebook (http://www.facebook.com/FacebookDC?v=app_141125442599532)

    so far only about using facebook :p

    Please click the green button -- "ask a question" in the top and post your question. he did answer about healthcare/budget.....





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  • chanduv23
    06-04 01:33 PM
    Please close this thread - no use



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  • mhathi
    10-18 06:13 AM
    yes. AC21 is a provision to allow you to change employers without affecting ur 485. It has nothing to do with work authorization. Your authorization can come from ead or h1 transfer.





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  • GCVictim
    06-25 10:47 PM
    Hi gurus,

    I have question to you. I am July 2007 filer. My EAD and My wife EAD expiring on 09-25-2008. I applied both renewal Yesterday(06-24-2008 -90 days before).
    recently My wife moved from H1B and working on EAD ( I am still working on H1B).

    1. If we wont get EAD cards in time (i.e. before 09-25-2008). What will be her status after 09-25-2008 ?

    2. Can she change back to H4 or can she change back to H1?

    Please advice me.



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  • Prashanthi
    04-08 05:33 PM
    Might be a good idea to register on your wifes name and get her to work for the company.





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  • sachuin23
    10-06 02:58 PM
    Hi,

    My company has started process of applying for my Green card in EB2 category. However, attorney has some issues with that.

    I joined my company on a post completion OPT based on completion of course work in January 09. At that time I was MS thesis student and had to just defend my thesis. However later in Feb, because of some differences with my adviser, I converted to MS Non thesis and graduated in May 2009 with the course work that I had completed in Dec 08. In all respects, I had completed all coursework requirements for my degree prior to Dec 2008. My company's attorney recently told me that this may be a problem for an EB2 case as I joined company before I graduated with MS.

    I have all documents available with me that all course work for the degree was completed before I joined the company.


    I am bit worried. Can some one advise me on this? I will be grateful.

    Thanks



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  • happynappin
    04-24 10:12 PM
    Hi, i'm gonna explain my situation.
    I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.

    The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.

    The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).

    Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
    Please comment and try to give me some ideas here.
    Thanks





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  • senk1s
    05-14 01:14 AM
    i just checked the profile ...'interesting' timeline to say the least

    labor approved 1972
    140,485 applied in 1970

    I think we might be burning the midnight candle on this 'prank'



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  • TJH 34
    11-30 06:54 AM
    Hello,

    I need some advice concerning my application for a B2 Tourist Visa to the US as my wife and I wish to travel to Disneyworld Florida next December to celebrate our belated honeymoon:

    I received a police caution in March this year for "Battery" under Section 39 of The Criminal Justice Act after a domestic argument with my wife here in the UK.

    I also have a UK driving conviction from 2006 for "Driving Without Due Care and Attention" which resulted in a �100 fine and six points on my licence which have now expired.

    Do either of these cautions/convictions constitute a crime of "moral turpitude"?

    I am rather concerned that although I have read that a simple assault/battery does NOT constitute "moral turpitude," spouse abuse certainly does under US law.

    Does the definition of simple battery or spouse abuse depend on which country the caution was received in?

    The incident in question was more of an argument than one of domestic violence. I grabbed my wife's arm and she twisted herself trying to get away from me and she fell over which left her with a minor bruise and scratch. I certainly did NOT use any deliberate force or physical violence towards my wife.

    The argument arose because I had been unemployed for over a year and my wife was stuck doing a job she hates and financial difficulties at the time had put a strain on our relationship. Now that I have secured a full time job and our financial problems have depleted, the relationship between my wife and I is very stable and loving.

    However, if the consular officer at the embassy decides that this is a crime of moral turpitude, would I still be eligible for "petty crime exemption" (as the maximum sentence for a Section 39 battery crime is six moths in jail) even though I have the driving conviction from 2006?

    Any assistance and guidance on this matter would be greatly appreciated.

    Regards,


    TJH 34





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  • deardar
    03-24 09:27 AM
    Why dont you join the MA state chapter for IV and email the group so someone can get in touch with you and perhaps guide you to a good lawyer .

    There are lot of knowledgeable folks in the group who might be able to help you out.

    Thanks





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  • buehler
    06-16 10:26 AM
    It is best to not do anything while on the B visa, and relinquish the B status, then either re-enter on a stronger intent visa (H1/H4 or L1) and then file 485 or file the 485 from outside the country.


    Agree with what mihir is telling here. Just a minor correction - 485 can be filed only when one is present in the US.





    panky72
    07-25 11:35 AM
    Dear friends,

    I received card production e-mail today.

    My PD June 2007, RD Oct 2007. No REFEs. EB1 India.

    Thanks for all the help and good counsel.

    Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.

    In this process, I made so many friends and learned to heed others views and good advice.

    Will continue to work for IV.

    Congratulations





    eb3retro
    09-08 12:45 AM
    Hello Friends :

    I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."

    This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).

    My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."

    What does this all mean? I am so confused....

    Pls. advise me. Thanks a lot
    nkavjs


    FOIA - means - Freedom of Information Act, Just google it..



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