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  • joydiptac
    06-01 04:53 PM
    Just provide the information that they have asked for. They are about to make a decision on your case. i.e. Whether to preadjudicate or not.
    So that when the numbers are available yours will be ready to send the card. :)




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  • arc
    05-14 09:07 PM
    Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.

    You should be a safe - EB2.


    Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.




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  • thomachan72
    01-10 06:15 AM
    Hello All
    Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)

    Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?

    Did anyone get the receipt of documents submission in response to Green Slip?

    Please let me know

    Thanks and Good LUCK

    DResearch statement? Have never heard about that one! Are you a postdoctoral research fellow?




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  • Maverick1
    11-21 09:16 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    You give all of them (stapled together preferably). Make copies of all of them and keep for future.



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  • Lasantha
    06-15 12:59 AM
    Gurus,
    My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?

    As always, appreciate all your help :)

    As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.




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  • glus
    01-03 11:03 AM
    Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.



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  • Hong12
    12-16 01:51 AM
    Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:

    USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.

    Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.

    In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.




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  • vedicman
    01-27 11:04 AM
    Does anyone have a link to this bill/article? I don't see anything on the news yet.

    According to Thomas.gov, the text of the bill is unavailable.
    However, it has been read twice and referred to the Senate Judiciary committee.

    Could this bill be the framework Reid was working on in 2010?



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  • conchshell
    07-30 12:04 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?




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  • akhilmahajan
    04-23 09:43 AM
    I dont think there is any such practise...........
    i think the lawyer or your company who filed it, will get all the communication from USCIS...........

    so just keep on trying.............
    i am not a pro at it, but will like to say, never give up trying.........



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  • RNGC
    04-08 09:38 PM
    As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....

    see a detailed notes on INA 202 here...
    http://boards.immigrationportal.com/showthread.php?t=240387
    (search for gclong1)

    I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.

    Is 7% per country is fair ?
    ------------------------
    Legal Immigrant Source Source:
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls

    (More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)

    Population Source:
    http://en.wikipedia.org/wiki/List_of_countries_by_population


    Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
    Total Population = 11,000,000 (11 Million)
    Total Population Percent = 0.17 %
    Legal Immigrants from Cuba to USA in 2006 = 45,614
    Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
    [(45614.0/11000000.0)*100.0 = 0.4146]

    India:
    Total Population = 1,131,264,000 (1.1 Billion)
    Total Population Percent = 17 %
    Legal Immigrants from India to USA in 2006= 61,369
    Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
    [(61369.0/1131264000)*100.0 = 0.0054]

    Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
    India has 0.0054 Legal Immigrants in US per 100 of their population

    What is the difference in percent ?
    (0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!

    India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
    (17.0/100.0) * 140000.0 = 23,800 EB visas ?
    (0.17/100.0) * 140000.0 = 238 EB visas ?

    Soon, USA will be Chindia!

    I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....

    My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.

    So, two issues need to dealt with for long term solution.
    1. 140k EB visas to be increased to 300k
    2. 7% per country needs to be changed (not sure what should be the criteria)




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  • buvane
    09-10 07:32 PM
    extended review = "we got your money , now dont bother us"
    also means nothing is happening to your case!


    Thanks!!! This is exactly what they are doing...Other side of funny part do you have any clue on how to come out of this to get my case picked up??



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  • LondonTown
    07-24 10:50 AM
    Yes, this is administrative processing.
    Did VO kept your passport?




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  • bbct
    02-11 09:17 PM
    A good article supporting a sensible plan.

    One minor correction however.

    "Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."

    The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.

    There was a contact number to the right on this article
    http://www.thedegreepeople.com/press-releases/a-proposed-solution-to-the-american-mortgage-crisis/

    I called them and asked if they can correct the number to $16 billion. Hopefully they will do it!



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  • Sakthisagar
    04-30 10:01 AM
    Even if CIR fails it is good for Legal immigrants. let amnesty fail but the amendment for Visa recapture wil be passed. Let the CIR come to the floor call all senators and congressmen, tell your story participate with IV




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  • yabadaba
    06-28 09:08 AM
    ^^^^^



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  • glus
    09-24 09:11 AM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


    I would really appreciate your help!

    Hi,

    I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.




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  • smartboy75
    12-04 07:01 PM
    Does that mean the above rules apply only when u want to become a citizen ???




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  • ruby
    08-17 06:11 PM
    In July as all the PD were current layers said that if they try to port the PD from EB ( which was Sep 2003) to EB2 ( with PD Oct 2004) USCIS will reject the case with reasoning that every thing is current so there is no need for PD porting.
    Now as EB-3 become �unavailable with Sep Visa news, it seems I can not port that PD to EB2. as memo says EB2 PD should be current , which is not ( EB2 PD is Oct 2004) :confused:




    chanduv23
    03-15 06:57 AM
    In 1996 I joined a residency on J-1
    1999-2001 i did a fellowship
    2001-2003 another fellowship- needed special permission from ECFMG

    2003 started a waiver job and I'm still in the same job in my 4th year.
    Good job in a very nice metropolitan area.

    Home residency requirement is 2 years
    The new Conrad law is certainly better and should make things somewhat easier.

    Hi Paskal, I am trying to understand things here. So you got a "J1" transfer to do your fellowship and again another J1 transfer/extension to do your fellowship?
    The reason I ask is, my wife is on h1b and is currently in her 1st year residency (IM) and wants to do a fellowship, so the fellowship must be done on a h1b only I guess and h1b is only for 6 years unless the organization files for GC and get extensions. In general how are fellowships on h1b or J1? As such residency on h1b is extremely in recent times so I guess same is with fellowship.

    If you have gone through a J1 residency and 2 fellowships and a wiaver job for 4 years, means you really worked it out very hard. Members like you must be an inspiration for other IV members. Maybe you must submit your story to IV.




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    10-15 05:08 PM
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    Hello Folks,

    We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.

    Venue: Diwali Mela, San Diego.
    Date: Saturday, November 10th.
    Target: A whopping 5000 visitors for recruitment and educational purposes.

    I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!

    PLEASE SIGN-UP on the yahoo groups spreadsheet.

    Thank you in advance! :)



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