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  • Dhundhun
    06-08 01:34 AM
    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts

    If 5 yr exp. is there, then the required exp. should match. Can you match requirement list and show matching previous exp.? If so it should be EB2 - if not then I-140 will not be approved.

    This is the place lawyers provide better advise - how to match (req. vs exp.), so that they can defend case in case of RFE.

    As such the job req. seems to be EB2. It has no relationship with individual. Individual have to match it.





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  • GC4US
    08-29 12:10 PM
    When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.

    Thank you nefrateedi,

    My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
    Is it not after July 30?...that you could submit to either to Nebraska or Texas?

    Is it ok like this?
    Thank you again.





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  • mps
    06-24 11:28 PM
    Article says all pending application ...

    "The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."





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  • sunny1000
    09-27 04:01 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...

    Update your profile first. Your priority date is nowhere near the approval timeframe. If by chance, you do get it, you can file for a "follow to join" procedure.



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  • gc_kosam
    06-02 03:36 PM
    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month

    Not so Happy scenario and reality

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated

    We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives

    Thanks for your response.

    Guru's any other thoughts (particularly on question 2 and other questions)





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  • little_willy
    08-20 01:56 AM
    ^^^^^^



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  • a_yaja
    06-22 10:04 AM
    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.

    You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.





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  • jlt007us
    09-14 01:24 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    The company is very healthy financially and has around 100 employees on payroll. They have successfully processed many GCs for the existing employees in the last 3 years. The irony is one of my friends that filed with me on the same advertisement and profile got his GC 18 months ago!!



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  • singhsa3
    01-23 09:35 PM
    Just a freindly reminder that we are still on for Saturday.





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  • Sunx_2004
    07-09 11:01 PM
    For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
    I send my application via fedex today to following address..

    For private courier (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225
    I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.

    Very rarely USCIS gives street address for sending application.



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  • CADude
    10-30 03:00 PM
    Please contact CIS Ombudsman office with Scaned copy of Delivery Receipt(USPS/FedEx/UPS) @ cisombudsman.publicaffairs@dhs.gov

    Also signup for his Nov 2nd coference call.

    Last but not least, write to your congressman/senator/director NSC/Joint-Intake

    Thank you.





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  • gcformeornot
    09-01 09:15 AM
    why are you posting multiple times?



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  • Indiaxyz
    03-27 05:41 PM
    Hi iyera,

    As per my immig. atty it takes between 2-3 months for the h1 to h4 processing. Unfortunately there is no premium processing for h4 unless you piggy back it with an h1 processing. Hope this helps.





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  • IfYouSeekAmy
    05-17 10:14 AM
    I used David Cohen at

    Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)



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  • jasmin45
    08-02 04:27 PM
    I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
    Status changes after your I-485 is approved. Not when your 485 is pending.once they approve your AOS application (I-485), your G card will be ordered for printing and eventually will get ship to you.





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  • jediknight
    03-13 11:41 AM
    The 60 rule is a senate rule and only makes the status quo folks happy.

    You cannot get anything done with 60 votes. California has the same problem with the budget requiring 66% votes.

    BTW, if you are a republican the reason that the Bush tax cuts are going to expire next year is that they were passed via reconciliation. So I am going to be paying more taxes next year.

    I will be paying more taxes if Healthcare reform passes too, but I still oppose the 60 votes stupidity.

    Once a party wins the majority, I expect them to get do the stuff they promised. If they do stuff that everyone dislikes, they will get voted out and then the other party can do what they want and the cycle will continue.

    The reason that we can't get Immigration reform is the minority party has too much power and to only way to wield it is to block, block, block. The Democrats also did this when they were in the minority.

    - JK



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  • satishku_2000
    07-22 07:40 AM
    I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.


    Numbers USA crowd hate us anyway ... They hate us because we look different .... Dint you read their crap about H1s not paying taxes and how H1bs are producing anchor babies.





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  • lahiribaba
    02-11 02:45 AM
    actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
    those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
    we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
    the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
    a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
    some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
    now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
    ------------
    I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
    those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
    WARNING ...before attacking this idea ..come up with a better one

    and then there was the big earthquake that swallowed the village and the beggars sitting under the one lone mango tree...





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  • raysaikat
    08-22 02:48 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.

    Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.

    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).

    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)


    Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.


    4) Can they ask for more details like client letter,etc - chennai

    Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.

    Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.





    loudobbs
    09-25 12:12 PM
    for NOT answering my question!! :mad:



    Mr LouDobbs!!

    What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything

    EB2/India/PD - July 2003
    I140 approved - Dec 2006 at TSC
    I485 mailed on 29th June to TSC
    RD for 485, 131 and 765 is 8/15
    recd EAD with Country of birth USA!! - 8/23
    FP done on 9/14 - Got LUD after FP
    Recd I 765 on 9/19





    mohitb272
    03-19 02:24 PM
    Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
    or was it showing I140 approved before and now it's showing pending?


    This is my friend's case not mine. This is mentioned when I first described the case.
    Thanks!



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