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  • ata1234
    07-13 09:02 PM
    Done!





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  • mirage
    07-05 12:40 PM
    It is even better. Atleast we'll get the media attn..





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  • usirit
    07-24 11:42 AM
    It was an audited PERM?





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  • waitforevergc
    03-05 06:16 PM
    Means the whole US is going to be screwed? FDIC is like our mother ship.



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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.





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  • yestogc
    03-04 08:42 PM
    Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.



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  • belmontboy
    02-24 04:39 PM
    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.

    Is Company A Satyam??





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  • xstal
    01-22 05:18 PM
    See this link http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
    See Q.18. I think your case is one of the TSC-VSC-TSC or NSC-CSC-NSC transfers. Your attorney needs to follow up with USCIS and USCIS will issue new receipts with the correct receipt dates. Contrary to earlier post, cases are processed per receipt dates, not notice dates. Check your latest 485 receipts for the dates.

    "18.Question: There are I-140 and I-485 cases that were originally filed TSC, then transferred to VSC, then transferred back to TSC 3 months later. As a result of the transfer, the original receipt date was replaced with the date of last transfer which is 3 months behind. This causes such cases behind the current processing dates at TSC. What could TSC do to pull those cases forward in the line of cases waiting for processing to correct the problem?
    Response: Cases should always retain their original receipt date. If you are aware of cases that lost that date because of work flow transfers, please let us know so we can correct the problem."

    per my OP, my physical receipt said my "RECEIPT date" is July 30th.
    but the ONLINE status said "it was RECEIVED on Sept 5th"\

    I was mainly concern about the wording on the online statis "received on..."

    how did you determine I was a NSC-CSC-NSC transfer case from that?
    I am a little confused here.

    thank you very much



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  • texanguy
    08-12 02:29 PM
    Has there been any updates on the combined EAD + AP document? After the disappointing Sept 2010 VB, this atleast will lessen the pain...

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.





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  • optimist578
    04-10 12:03 PM
    It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.



    Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
    As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?

    Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?



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  • gc_lover
    06-24 11:26 AM
    __________________________________________________ ______

    Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.

    __________________________________________________ ______

    I found this article on
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

    So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!





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  • priderock
    03-26 03:22 PM
    ...and whats this poll going to do for us?

    Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.



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  • Desiguy786
    04-02 08:55 PM
    First of all, whats' the situation?
    Are you still waiting for LC, may be from BECs?
    what's the reason of RFE, if you are currently working for the same employer?

    I don't know how you can get approval by going through company B, which you can not get with Company A.

    Please give more information and certainly someone can help you quickly

    Hi Satyasaich,

    I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.



    In short, My RFE is asking for..
    Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

    Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

    Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

    No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..





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  • GCKarma
    01-12 01:41 PM
    wht is WOM?



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  • adi787
    11-11 07:58 PM
    Hello RamK:

    Would you please share your exp here?

    Were you able to invoke AC21?

    Also, can I have my H1B extended after 6th year( 3 yr ext), based on 140 approved.





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  • franklin
    06-20 10:36 AM
    For 485, EAD and AP , Do we need get three quarter old fashion photo . I mean facing diagonal or facing straight to camera? I believe old one was looking diagonal to camera.

    No - see the links i posted originally



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  • krishnam70
    08-14 12:30 PM
    This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.

    That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.

    Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.

    There was a thread on IP some time ago on this.

    One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?

    The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.

    Please check with proper source before you embark on this path to avoid any future problems





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  • ImmigrationAnswerMan
    06-29 12:22 PM
    Anil:

    While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.

    This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.

    Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.

    Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.





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  • GC_1000Watt
    08-05 03:42 PM
    Hello all,

    Recently I got my H1B stamped at Mumbai India, this was my
    third H1B, and fifth US visa(I got two B1/B2s in addition). The
    US Visa stamping process has been streamlined and better organized
    than it was when I got my first one in 1999!:)

    Process started with me paying visa fees upfront at HDFC bank.
    after paying the fees, they will give two copies of the receipt,
    one for you and one for the consulate.

    Next step is to get yourself photographed. Every photo studio
    in Bombay knows the specification now, so it was no problem.:)
    Get digital copies of the photographs.

    Next step is to go online and fill the application forms. One needs
    to upload photographs and enter the fee payment receipt number
    in the form. Once completed, print the application after saving.
    The application form has a bar code, so please make no changes
    after the printout, if you do one needs to take a fresh print.

    The next step was to arrange an appointment for visa stamping
    which can be done online, once appointment is fixed
    one can go to the visa application center which is very
    near the Consulate at Breach Candy. They will verify the application
    and give you a confirmation of the appointment. Make sure
    that you submit your application form at least three business
    days before the visa appointment.


    To avoid the morning hour traffic we checked into a hotel
    near the consulate. The appointment was 10:30 AM, but we
    reached the consulate at 10:00. The appointment confirmed
    suggested we do not go to the consulate before 10:15, but
    went ahead anyway. The security let us in. :) The consulate
    was full of visa aspirants, and I braced myself for a long wait.
    We submitted our application forms after getting our fingers
    printed.

    To my surprise, we were called for interview at around 10:10.
    The consulate officer commented that I have already lived
    in the US, to which I said yes. The question was repeated to
    my wife, who also had a stint in the US. Then she asked me
    what kind of work I will be doing in US. I gave a rather long
    answer which I guess bored her a bit. My six year daughter
    complained that it she is tired, the consular officer started
    small talk with her. Then she said my passport will be sent
    by courier. By 10:20 we were on our way back home.

    We received our passports separately over the next 10 days.
    surprisingly my daughter got hers within 2 days, but my
    wife had to wait full 10 days!

    I am in the US now :)

    Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
    Also did you submitted H1B fees diff. of new and old fee duting the visa interview?





    bpadala
    07-31 07:26 PM
    Hi,

    Please refer to flcdatacenter.com and download all the PERMDATA in the access dataformat and look for your case number. It should give you certain data needed to do the AC21 paper work.





    fide_champ
    03-04 05:10 PM
    Is there anything i can do on H4 visa??

    Enjoy life at home :-)



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