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  • veni001
    07-20 05:57 PM
    Since the current job requirement is bachelor, your employer can not file GC in EB2.:o

    Hi All,

    First off, thank you for taking the time read this.

    Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.

    Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.

    Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.





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  • newuser
    10-05 08:23 PM
    I need a little advice on sponspring my uncle vistor's visa from India

    My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.

    Does including his family members make any difference?

    Also, having a different family name makes any difference in the sponsor's letter?

    Any help is appreciated.





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  • clifford
    02-01 07:52 PM
    Hi,
    I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )

    I will appriciate any help/suggestion in this matter.
    :confused::confused::confused:
    Regards,





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  • VenuK
    06-16 05:55 PM
    H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
    during the same time
    i have applied for H1 transfer to company (Y) through consular processing. I got approval.
    If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
    also
    Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
    company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
    My paystubs are still with company (x) till month of May 2008.
    how good are chances of getting visa if im going for stamping in month of July, 2008

    pls advice... what should i do in the situation i'm in



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  • samiam
    04-27 06:18 AM
    Thanks for your answer. I think it is time to pack then. I am here from 1998. 140 cleared. My Labor was filed in May 2003.





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  • va_dude
    09-24 04:20 PM
    The choice is pretty clear - apply for your GC (labor).

    That way atleast you are in the system and have a PD.

    Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.

    And maybe even the possibility of a CIR bill next year will speed things up for you.

    So the way i see it, things really cannot get any worse for you. So just apply.



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  • krishna_brc
    02-02 04:47 PM
    I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
    My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
    Please let me know my options.

    Since you are the primary applicant and a Legal Permanent Resident - Offically!!!
    i do not see any implications to your spouse's application.





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  • cableman
    06-12 03:37 PM
    Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.

    My old company used Fragomen' NJ office. I found them very professional.

    Iselin, New Jersey
    99 Wood Avenue South, 10th Floor
    Iselin, NJ 08830-2715
    USA
    Telephone: +1 732 906 1230
    Facsimile: +1 732 906 9190
    Email: Iselininfo@fragomen.com



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  • linuxra
    09-28 09:34 PM
    Before i present my RFE I will explaing My GC:
    I did masters and worked on OPT for sometime with Company A and they applied H1B,
    still working for Company A as H1B as Senoir Programmer ANalyst.
    At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
    PD=jan 2006
    Still working with H1B from COmpany A
    I never worked for Company B and it no longer exists...
    Company A recently merged with ANother Company X
    I recently got an RFE How do i respond PLease help me:
    Below are the details



    Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
    signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
    and information are available online from the official Service website: USCIS Home Page. You may also ordcr
    immigration forms by phone at 1-800-870-3676.


    Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
    should include, but is not limited to:

    Clear copies ofIRS Form W -2 wage and tax statcmcnts;
    Pay vouchers;

    Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

    Any additional documentation which confirms your employment history.
    You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
    duties and position in the organization, your proffered position, if different from your current position, the date
    you began employment and the offered salary or wage. This letter must be in the original and signed by an
    executive or officer of the organization who is authorized to make or confirm an offer of permanent
    employment. The letter must also indicate whether the terms and conditions of your employment-based visa
    petition or labor certification continue to exist.
    If you have changed employers since filing your application for adjustment of status, please submit a statement
    which lists the names and locations of all employers you have had in the US and the beginning and end dates of
    each position unless these have been included on Form G-325A.
    Nebraska





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  • mvpkreddy
    09-20 01:26 PM
    Hi,

    I just came in yesterday evening and I did not have any problems while entering the country at POE. I applied for I-485 on Aug 17th and left US on 24th. I have a valid VISA stamping till June 2008 but got a different H-1 transfer visa I-797 till jan 2010.

    The officer at POE didnt ask me any single Q and he simply let me in with a new I-94 (he noted the new company name on the back of I-94 as usual).

    I hope this helps you.



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  • Becks
    02-08 11:48 AM
    I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
    Hi,
    I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .

    I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.

    Thanks





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  • joydiptac
    04-05 01:43 AM
    Know your rights. Don't get scared unnecessarily. You should seek legal advice if you are threatened in any way. If you have not done anything illegal yourself don't be afraid.

    Here are some facts which every H1b should be aware of.
    Got Pay Stubs? Transferring H1B without Pay Stubs | B'Khush (http://bkhush.com/dev/content/got-pay-stubs-transferring-h1b-without-pay-stubs) .

    : J



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  • qplearn
    11-20 01:06 PM
    If you are a IV member living in NY and want to be actively engaged in the NY chapter activities, please send a PM to bottlemani. If all those in NY get together, it will be easier to plan joint visits to congress people: house members and senators. Even if you don't have a car, we will be able to coordinate better if we know you are willing to spare some time.

    I am sure there are many members in NY. It is a big state with several businesses.

    Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.

    As a first step, please put your name on the NY chapter.

    http://immigrationvoice.org/forum/forumdisplay.php?f=49





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  • atumalla
    11-06 12:46 PM
    I got two luds on 140 485 131 765 after FP.



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    08-31 06:15 PM
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  • loudoggs
    08-10 12:07 PM
    If company B is sponsoring your GC, they have to prove that the salary they will offer you after getting your GC, is equal or above the prevailing wage. As long as they are able to do that you should be okay. You just have to go and work for Company B once you get your GC.

    I don't think it matters what you are making right now. This is my understanding.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.



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  • xbeartai
    04-26 11:28 AM
    I am planning for Green Card application.

    Who has experience about Accountant Green card application,

    Eb2 or EB3?

    If you use EB2 , how is your job title and education requirements and job descriptions?

    Thanks a lot

    Xbeartai





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  • glus
    09-14 02:18 PM
    That is correct. If you are married and over 21, they can't apply unless they are U.S. Citizens. But then, you will be under FB 3rd category which means a very long wait.





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  • krovvidiusa
    09-03 09:36 AM
    I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.

    I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).

    Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).

    My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.

    I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.





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    vghc
    07-20 11:31 PM
    Msians will be issued a visa the the point of entry. Commonwealth country thingy.
    Spoken to my attorney and she says its no problem getting back into the US with a AP.
    I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.



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