вторник, 14 июня 2011 г.

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  • vasired
    08-10 03:47 PM
    u can read it on http://blogs.ilw.com/gregsiskind/ or for complete press release

    http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm




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  • Apollon
    06-30 08:55 PM
    thank you very much




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  • Dhundhun
    07-21 05:59 PM
    I assume he can use the AP after October 2008 for his travel--correct?

    As as dated Oct 12, 2008, on or after this date.




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  • sweet23guyin
    05-16 12:35 AM
    Left messages to all the listed folks.
    Hope my voice messages won't end up in Junk category due to my odd hour calls!



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  • mhtanim
    01-29 07:34 PM
    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

    Some help here will be highly appreciated��.thanks in advance

    In October 2007, your PD was nowhere near current:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html

    Logically, if your I485 was approved in October of 2007, I would think that it was a mistake by the USCIS.

    The I-131 denial was most likely a mistake by the USCIS.

    You may have a long wait ahead of you before you get your I-485 approved - just like thousands of us!




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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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  • k_sing
    09-18 03:26 PM
    I had a question which my accountant cannot possibly answer.

    I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.

    I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.

    They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.

    Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?

    From this specific unique situtaion arises another generic question out of curiousity.
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.




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  • sys_manus
    01-28 09:46 AM
    I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2

    As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.

    When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.

    Life goes on...

    PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.

    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?



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  • raysaikat
    05-25 03:43 PM
    Apply for AP - 350 bucks. If you application is valid - you will get it.
    Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
    Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
    All the best!

    This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.




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  • BimmerFAn
    06-23 06:48 PM
    I you're right about that! At least that takes all this immigration stuff off my plate. It would be nice not to have to worry about having to go back to a country I don't even know anymore. I came to the US (legally) when I was 10 and now im approaching my mid 20s. I don't think the DREAM act if passed would even apply to me.. which is BS but that's another discussion all together.

    Anyways... I would still like someone to give me a more definitive answer about possibly qualifying for EB2. My impression is that since most people my level have a Masters and it was an implied requirement that could be substituted with a Masters equivalent than wouldn't it stand to reason that I have a great shot at EB2. It's impossible to get a CPA License in my state without having a Masters in accounting or a Bachelor's degree ant 150 credits + experience. It's not "unskilled labor". The CFA is even crazier.



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  • NIW
    08-31 12:02 PM
    Just take it easy on this guy. He is a hard nosed, narcistic, self proclaimed immigration reforming CNN anchor who made millions just by talking and writing books on Immigration issues. There is some truth in his talk show but most of it is fabricated lie exaggerated by the media.

    I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz.
    But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......

    Just change the TV channel




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  • raysaikat
    01-23 12:13 AM
    Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?

    Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.

    Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!



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  • pappu
    09-14 02:36 PM
    http://ebcmyspice.com/Radio/WebPages/LiveRadio.aspx

    at 4 PM EST
    call 732-297-9886 and ask questions

    ==============

    We also have another interesting interview coming up. We will announce it later. This one will be not worth missing.

    =======

    BTW: you will now hear some IV ads on this radio station. Thanks to the member LOL123 who suggested this and we followed up. Thanks for all the media budget contributions. We are going to do more publicity efforts.




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  • xyz2005
    08-08 07:55 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

    Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards



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  • saravanaraj.sathya
    08-08 02:27 PM
    Removed




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  • sanjay
    01-09 04:12 PM
    why i got red?????? I am saying it is going to be current.

    I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.



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  • vine93
    03-10 01:12 AM
    bump




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  • micofrost
    07-15 01:54 PM
    Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.

    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.




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  • jsb
    11-28 01:19 PM
    Fee : $305.00

    Applied on line, printed the form.

    Attached the following and sent them to USCIS
    1) 485 - copy.
    2) Old APs 2 - Copies.
    3) Cover letter explaining that I need to visit my parents as they are old.
    4) DL - Copy.
    5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)

    I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.


    Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.




    h4visa
    07-27 01:46 PM
    After EAD is approved, H4 can work anywhere in any job.


    Thanks much Jasmin.




    solaris27
    02-11 09:07 AM
    In this forum you will not find a lot of peoples who won lottery .

    but is my personal openion that you can't use your lottery case priority date for your eb3 case?



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