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  • Mumbai_girl
    12-03 11:58 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.




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  • pmb76
    08-13 02:26 AM
    I think vldrao is from numbers usa. That's my theory. he was just hangin out here as a mole to get information from IVers. At the same time he was giving out some information to hide his identity and gain our trust. :)
    What say chhapan tikli ?




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  • desi3933
    08-26 02:29 PM
    Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?

    >> Will that abandon her I-485 filed as a dependent?
    No.


    ________________
    Not a legal advise.




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  • waitingnwaiting
    01-19 04:02 PM
    I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
    1) waitingwating
    Others pls add more if you know:D:D

    Not funny.
    If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.



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  • saibalagi
    01-02 01:21 PM
    Hi Vallabhu,
    Sorry to hear you.
    Pease try this edu.eval guys could help, my friend also appeal using their edu.eval
    http://www.thedegreepeople.com/

    Hope this can work it out.
    Thanks,




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  • usirit
    11-21 12:21 AM
    I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
    Meridiani.planum.... Thanks for your reply....
    Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?



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  • a1b2c3
    02-05 10:12 PM
    I'm also in the same boat. Cases after me are getting approved.:)




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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date



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  • Madhuri
    05-04 03:51 PM
    The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????

    Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.

    So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.

    Hope this helps.
    Hi Madhuri,

    Do you have any more information regarding this.
    I am in the same boat .
    My LC got approved through perm in my 6th year
    and I140 applied and pending .
    6th year expires in Sept06.

    Any help is greatly appreciated.




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  • Seb Hughes
    06-07 04:01 PM
    Voting ends on the 13



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  • pappu
    07-29 11:45 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)




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  • mps
    09-27 05:56 PM
    this topic is interesting....i do buy/sell stocks usin zecco / BoA etc...which are sites where i can do day trade..im interested to venture into it...

    suggestions??

    If you are trying to trade based on last tick (as most of the day traders do) then online brokerage us useless for you ..consider direct access trading services ..Goodluck !

    (Don't trade with money you need for housing, food, & clothing)



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  • prem_goel
    08-05 05:15 PM
    that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"

    Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.




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  • desi3933
    06-25 12:34 PM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    As per this memo -

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.



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  • jonty_11
    11-21 10:08 AM
    Sent email to 60m




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  • rameshvaid
    09-16 11:17 PM
    Done ...


    RV



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  • neelu
    01-02 02:34 PM
    Please anyone.........help me.

    I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.

    Thank you very much.




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  • Jaime
    09-11 05:21 PM
    You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!

    Don't let the Reverse Brain Drain suck you in!!!!




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  • fuzzy logic
    07-01 12:25 PM
    Only yesterday I had a converstion with my compnay lawyer on this topic.
    Her view is that I would have to amend the H1 for any location and/or responsibility changes.

    Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?




    GCaspirations
    10-02 12:08 PM
    My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?

    You do not have to apply for new SSN but do the following taken from SSA website:

    If your work eligibility has changed or if have become a U.S. citizen, you must apply for a replacement card. Your replacement card will no longer read “Not Valid for Employment,” but you will retain the same Social Security number.

    To get a replacement card:

    Complete an Application For A Social Security Card (Form SS-5); and
    Show us documents proving your:
    Immigration status;
    Work eligibility; and
    Identity.
    Take (or mail) your completed application and documents to your local Social Security office.
    All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.

    We will mail your number and card as soon as we have all of your information and have verified your documents.
    For details about the type of evidence you must provide, see Social Security Numbers For Noncitizens (Publication No. 05-10096) or Documents You Need for a Social Security Card.




    tb2904
    03-26 08:50 PM
    I think you can volunteer while on H4. But, I would not recommend working "off the book" - it is illegal and can screw your GC process big time.

    Some charity organization ask for the social security number even for volunteering. But, I am sure there are many who will let you work without it.

    Hi,

    Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?

    Thanks,
    Andy



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