Wednesday, June 22, 2011

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  • knnmbd
    05-11 03:16 PM
    Guys,

    I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:

    1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
    2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota

    Yes. If you have a Advance degree in STEM + 3 years experience in U.S on H1b or OPT for F1 visa holders ( the experience is not required as per SKIL bill) AND have Cleared the LC stage AND have applied for and cleared I-140( with the concurrent filing going away) ,then you can file for I-145 irrespective of what the PD is at that point of time and irrespective of what your country of birth is.





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  • NNReddy
    06-24 10:55 PM
    My wife is apply for AP renewal. She has her AParole until oct, 2,2008. She is travelling to india this week for three weeks. Can she apply for renewal and travel to india. Is it legal or does it have any replications.





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  • a.j.2048
    02-15 07:39 PM
    actually pre 2000 the visa's were available all year long , then there was a crunch due to the y2K and then when the bubble burst it shrank again.


    No, it wasn't. The 1999 quota was exhausted in April 1999. Granted this is better than the situation today, but not by much as the quota was larger that year and the economy was smaller.

    http://www.murthy.com/arc_news/a_h1quot.html


    and again 20% was just taken from a sample space of about 260 or so


    They said the results are statistically significant, which means that you can extrapolate to draw conclusions about the entire H1 population.


    when USCIS said 20% were fraudulent , they meant complete fraud like , people paid $$ bought in here as programmers and then worked in gas stations , driving cabs etc


    Not really. They used one example of someone working in a gas station for shock effect. The main complaint from the anti-immigrant side about the report was not that the 20% rate was understated, but that the rate would have been higher if it had included anyone paying a Level 1 wage as well.





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  • noman
    07-25 11:28 AM
    Ours was filed in NSC - July 2nd (hand delivered is what lawyers say.)

    I had 1 question.
    How long should we wait for receipt to be issued? I am concerned if USCIS misplaces package or something happens, we would miss window of opportunity to file.

    Also since lawyers say its personally delivered, how do we track/keep proof that ur package was delivered?

    Should we just go ahead and re-file if we dotn hear from CIS in 10 days?
    Hi, my lawyer said he hand delivered my application as well, I was wondering do they issue any kind of ecknowledgement, did your lawyer mention anything about a reciept or something? mine said they do not!



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  • nav_kri
    02-23 01:52 AM
    Truly amazing. Winning not one but 2 Oscars. ARR is awesome with his calm and composure.





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  • deardar
    07-06 11:00 AM
    Since attorney's office is filing my papers, will they buy the point of filing it IS SPITE OF, the USCIS issueing the statement Monday(JULY 2) morning ?



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  • getgreened2010
    09-27 10:14 AM
    Hi I am applying advance parole for the first time, I am a july 2007 485 filer but never really cared to apply AP. Now I am planning to go to India in december what are my chances of getting my AP approved before that. Below are my case details:

    Service Center - Texas
    Method of filing - efile
    Filing date - 08/30/2010
    Received date - 08/30/2010
    Documents Sent - 09/3/2010
    Documents Received- 09/5/2010
    LUD - 09/13/2010
    RFE if any - None
    Approved / denial - None





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  • belmontboy
    03-15 11:40 PM
    By the way is it you who gave red...:mad:

    No. I don't have any reason to give you red for this post.



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  • gc03
    04-13 11:00 AM
    I signed up for recurring contribution for IV for 20/month.





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  • chanduv23
    01-13 01:32 PM
    EB2 -- Dont run fast, you will fall down again ...

    I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...

    I don't think dates will go back again unless they drastically move the dates forward. The dates could remain stagnant for a long time though.



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  • slammer
    01-14 09:29 AM
    well said :) ..months and years are passing by ..it seems more hopeless for EB3 - I. for those who have hopes ..nothing will happen for eb3 till june bulletin ..even then it is a big if. all the world needs to get their green cards then all of china, India eb2 applicants will get their GC's ..and then when US loses all its charm ..and EB3 (I) applicants are in their 50's / 60's - they will get their stupid cards

    I hope there's some movement for WW EB3. We go through CP and cannot apply for EAD/AD or so as we live in Canada and not in the US. Our only chance to legally live and work in the USA is that we will be current an get our interview in Montreal.

    Our PD is Feb/06, do you think there's hope for us to get the interview this year ? We've been current a couple of times in the last 3 years but never got an interview. That really sucks !

    Rita





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  • gaz
    04-20 12:01 PM
    it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.

    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)



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  • BECsufferer
    09-29 12:54 PM
    Guys ... first of all thanks for starting this thread. Worth every bit of space on server.

    I am based in Michigan and would like to get in touch with someone locally to guide me in setting up a LLC. Well saying that, I don't mind venturing with like minded people outside MI too. I have few ideas and would like to work on those, these are in products and industry I am working with (Mechanical/ Industrial). However, I think same approach can be used to generate IP in other fields too. So i am open to collaborate with like minded people to benefit from each other. i emphasize on like minded people, because their would be failures too and so need equal buy in.

    Neverhteless, what I am saying is if their is an opportunity to collaborate to succeed collectively? Write me back what you think and good Luck.





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  • spicy_guy
    05-21 01:13 PM
    I copied and pasted the post and sent it to few friends who live in DC and in tri-state area.

    I think we can post it on the active immigration related forums...
    It can be by any active member of such forums.. (Murthy.com, .com, immigrationlist.com, etc)



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  • lsuk
    07-20 04:29 PM
    Feingold (D-WI), Nay
    Kohl (D-WI), Nay

    :confused: Guys I cannot believe this. Our Wisconsin IV team went to see both these senator's immigration liasons 3 months ago. They both told us how much they feel for us and how much they will support us! Either they lied or it's the Democratic agenda to block everything if the illegals are not included. Very disappointing.





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  • LostInGCProcess
    09-05 03:12 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

    DSLStart, I am very sorry to hear your plight at the POE. I can exactly feel how bad and helpless we feel in that kind of situation. Glad you made it out of that situation...I just can make you feel better, I hope.



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  • inskrish
    08-22 07:43 PM
    I have this doubt also.

    If the priority dates are current in Visa Bullettin, the applications will be processed based on RD. If the dates are not current or unavailable, the applications will be processed based on PD. This is my understanding of the process.

    Regards,
    IK





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  • vivid_bharti
    07-02 10:34 AM
    I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
    Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.

    Besides this it needs a law change.





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  • shana04
    02-23 01:51 PM
    Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21.

    Chandu, my question is not whether HR dept can handle it properly or not.

    My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.

    Coz until he finds a job and files for AC21 an applicant does not do any thing.

    And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
    "f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."

    Chandu, thanks for at least answering my question.

    Good luck for you!





    jkamel5
    06-06 01:16 AM
    Hi,
    I am on H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa?
    Thank you,
    John





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