Saturday, June 25, 2011

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  • desi3933
    08-06 12:53 PM
    I have 3 years degree (15 year education). I am not sure if I can file on EB2.
    You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.

    Thanks,
    Sanjeev

    No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree

    Please refer to similar case
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf



    _____________________________
    US Permanent Resident since 2002





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  • crazyguy4u
    07-16 07:49 PM
    NO, u cannot apply, unless you want GC as principal applicant only





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  • ramaonline
    03-17 01:43 PM
    You can submit the claim yourself - Download the claim forms from your insurance co website. Use these HIPAA codes -
    Do a google search for any other codes you need to include.

    Testing / Lab HIV-1 and HIV-2 86703
    Testing / Lab Syphilis test (RPR) 86592
    Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
    Preventive Care MMR immunization (subcutaneous) 90707
    Preventive Care Varicella immunization 90716
    Preventive Care TD immunization (Tetanus) 90718





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  • supu
    12-05 08:14 AM
    Vishwak,

    Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.

    Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...

    If u dont file CA21 , just make sure , u dont leave and re-enter usa.
    U may expect trouble at the airport.



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  • joydiptac
    04-14 02:58 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.

    I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
    There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
    �Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
    -Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
    But the Attorneys believe that this alone will not cause you to get in trouble.
    My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
    But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.





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  • greenguru
    03-28 06:54 PM
    Talk to a lawyer and get it done.

    Should take about 1 hour to write the mail. Even for extension it you would take the same time to write.

    Good luck. Yours will be approved soon.

    tks,



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  • werc
    03-28 03:22 PM
    So a person on H1B goes onto a H4 and wants to come back onto a H1B 3 months down the line. As per your statement , the person is subjected to the cap. Was that what you were implying ?

    I think you were referring to this in the link.

    b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

    I understand this to mean that aperson who has spent a year outside the US has 2 options.

    1. To apply for a new H1 (subject to the cap)
    2. To use the remainder of the 6 years he has from his prior H1B.

    Please correct me if I am wrong.


    If you don't have 1 year gap. otherwise you are subjected to.





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  • Green.Tech
    09-17 11:45 AM
    The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
    Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)

    if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...

    been there...done that!

    pointlesswait,

    I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.



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  • GC Struggle
    04-09 12:31 PM
    Nothing to worry. - It means that your case has been transferred to your local office.





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  • ImmiLosers
    09-30 03:24 PM
    How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

    thanks,

    Infopass is one way (only if you are lucky)



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  • amdn123
    02-04 08:22 PM
    I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?





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  • pknkak
    03-14 08:47 AM
    Just transferred via SBI gls and it went through nicely.



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  • vin13
    04-08 12:08 PM
    I am not trying to be rude. but really we should use some common sense. If you are visiting another state within US why would you need a visa? If you are still not sure check with the cruise ship customer service.

    All i am trying to say is do not post a question until you have put some effort to get your answer by yourself.





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  • boreal
    09-21 11:57 AM
    I don't agree with more fees for 485 etc ...

    They are already taking too much money out of us ...
    Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.

    Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??



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  • finimits
    05-04 02:35 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?





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  • willwin
    03-16 02:06 PM
    Bump... please, if anyone got PW for greencard labor through the new process... how long it took??

    Anyone?

    Mine was filed 1st week of Jan and still waiting .....



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  • dc2007
    07-25 08:14 AM
    Anybody please help ....





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  • styrum
    01-18 12:50 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)





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  • rsrikant
    10-31 03:43 PM
    hey guys,

    i apply at tsc on aug 3rd. transferred to vsc.
    ead card production ordered 10/22
    ead card received 10/27
    no email received for approval notice

    FP received from tsc 10/29.





    LostInGCProcess
    02-11 02:40 PM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    Ans: What you read is true.

    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    Ans: It would be from the date they officially received your application.

    c) Can we include the dates for some one is physically not present in US
    Not sure what you are trying to say here???!!!!

    d) What supporting documents are needed to prove that some one was not present in US?
    By showing no supporting documents, I guess And why do you want to do that?

    Thanks
    Senthil
    ...





    ebizash
    08-03 10:20 AM
    Good Idea!



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