Wednesday, June 8, 2011

characteristics of waves

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  • walking_dude
    12-12 04:12 PM
    I'm not surprised if there are Eb2 prior to 2000. Almost every employer substituted every LC they could subsitute just before the deadline to end Substitution. Some estimates put it at 175,000. So I'm not surprised it there are hidden Eb2s who have PDs prior to 2000 !

    Of course, none of them will come here and claim it !




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  • lskreddy
    08-31 12:28 PM
    Don't pay any attention to this stupid poll. Can you imagine what the poll would look like if it is conducted with-in IV? Something like: 99% yes, 1% No.




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  • desi3933
    07-09 02:18 PM
    I am not asking how to snatch the sugarcane out of an Elephant's mouth. I just want to poke the cane in his mouth until he bleeds, so that he will think twice before he grabs on the sugarcane next time. You know what I mean???

    I learned my lesson and just want to teach him something out of this as well. HELP ME here?

    Don't let your emotions cloud your judgment.




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  • nrakkati
    08-15 02:20 PM
    Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?

    I don't know who signed mine. I don't see that info when I enter my tracking number in USPS.com

    I did not purchase "signature" service when I mailed my package.



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  • vallabhu
    07-03 03:35 PM
    First question

    Is your existing H1 still valid and how many days you you have on that.


    You have two scenarios here

    1) H1 approved while u r in Mexico
    2) H1 approved after comming back to US


    1)
    if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back

    Second is safest bet for you.




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  • GCEB2
    09-21 10:33 AM
    thanks mnhatim....The information is helpful. How about bay area side do you know any affordable places. Also any other websites i can browse threw.



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  • Edison99
    03-07 03:07 PM
    I doubt about that�

    out of the country indefinitely and then come back lets say after 10 yrs?




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  • Apollon
    06-30 12:16 AM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

    Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
    1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
    My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
    2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?



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  • sk.aggarwal
    11-11 08:03 PM
    I have never heard about this before, but if I were you I would:
    1. Immediately request transcripts from college in sealed envelope, exactly as requested.
    2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.

    Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.

    Its amazing the extent USCIS will go to make our lives tough




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  • Wave Window


  • reddysn
    06-16 09:27 AM
    My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.


    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?



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  • sr77
    09-26 02:08 PM
    I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.

    This is disheartening...




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  • gcpain
    03-28 01:30 PM
    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.



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  • kumar1
    07-11 11:30 AM
    Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer. When PERM came in the picture...everyone was so exited.... Fact of the matter is it does not matter if you get labor certification in 2 days and I-140 in 3 days. There are only 140,000 EB visas available. All we are doing here is making the line longer. One thing that has changed is.. every Tom Dick and Harry has an approved labor through PERM so they can extend their H1-B for ever technically. Earlier, when getting a lobor certification was time consuming, getting H1-B extended beyond 6 years are a real pain@neck. my 2 cents....




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  • wikipedia_fan
    04-09 03:04 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

    Questions:

    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.

    If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
    It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

    a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

    The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

    It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

    Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

    Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

    Please talk to an experienced immigration Attorney and they can explain all this stuff.



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  • saro28
    10-20 01:55 PM
    Not True, We submitted the Birth Certificate obtained from Indian consulate here in US and One of the GC got approved recently. In my opinion the Birth Certificate from Indian Consulate is sufficient




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  • savitri.bhave
    07-06 10:30 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave



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  • insbaby
    07-31 01:13 PM
    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    [Deleted as people take it seriously]


    Here is the updated content:
    EB3 I - OCT 2009 - God Only Knows
    EB3 I - OCT 2010 - God Only Knows
    EB3 I - OCT 2011 - God Only Knows
    EB3 I - OCT 2012 - God Only Knows
    EB3 I - OCT 2013 - God Only Knows
    EB3 I - OCT 2014 - God Only Knows




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  • pappu
    09-14 03:51 PM
    call 732-297-9886 and ask questions




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  • ruchigup
    08-06 12:38 PM
    Many Congratulations !!!




    pak
    07-20 10:29 AM
    Go to maxico but getting visa of Mexico from US is difficult on B1/B2. Canadian visa for her on B1/B2 visa is impossible. Check and call other near by countries visa consulate as well as US consular visa officer for the availibility of dates of H4 visa interview.
    Hope you will find the solution.




    Dhundhun
    11-24 01:20 AM
    I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

    I think, individual can not possibly give "worked in company from... to..." and "number of hours". Only company representative can can sign that. The ex-coworker can certify only that "YYYY YYYYY worked with me from... to ...".


    Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.

    Ex-coworker can say that "While working with me Mr. XXXX XXXXX has shown responsibility and professionalism".

    As I mentioned earlier in this thread, the scope of ex-coworker giving experience certificate is limited to "working together". For example, some one behaving good with you might not be good with someone else. In company records, he might not have good records due to that.

    My lawyer strongly asked me that ex-coworker must write only on the basis of his own experience. He must not start representing company and start mentioning things like joining date (unless the person hired you), salary, etc.

    Well, in any case, your lawyer should be your guide.



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