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  • desi3933
    07-09 10:30 AM
    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?

    You are ok, if are on EAD and in AOS pending status.

    I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.

    _____________________
    Not a legal advice.





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  • ashkam
    02-25 01:00 PM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.





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  • ski_dude12
    04-17 01:29 AM
    My suggestion would be to get in touch with your local DMV/auto insurance agent regarding the legal requirements for someone on visitors visa to drive in US.





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  • dan19
    11-07 02:07 PM
    rheoretro,

    Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.

    I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.

    So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)



    And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?



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  • same_old_guy
    07-22 03:07 PM
    There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.

    As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.

    Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.

    So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.

    Does it make any sense ?





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  • dealsnet
    04-06 10:59 AM
    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.
    But in practical, USCIS now denying I-140 for 3 year degree holders, even the job requires masters. Try EB3 also. (Good luck).

    My perm was approved a couple of weeks back and we are going to file the 140 pretty soon. In the mean while I had a question regarding the educational equivalency issue I see during this stage. The perm is for EB-2 which requires a Masters Degree( Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this. Do we have to submit the Bachelors degree information even though the requirement is for a Masters?

    Thanks for any input.



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  • champu
    03-04 04:32 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra

    Do you mind booking all the URLs you have mentioned and redirecting it to IV. Thanks





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  • sweet_jungle
    10-15 07:30 PM
    Use the reply from Ombudsman's office and do an inquiry via your local senators office. Also call up central customer service and open a service request. (Get the number and info of the call like the timings and officers name). Finally if you date is current and is not getting picked up for adjudication. File a WOM.

    Called up USCIS customer service. SR was not opened as they cannot open SR on wrong info on response letter. Writing letter to service center is the only option.
    I sent off another Ombudsman case sheet requesting PD fix.



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  • rajuram
    05-06 09:27 PM
    when will the house take up the bill, every one is focusing on the senate.

    Last year house shot it down. hope this doesnot happen this time.





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  • bskrishna
    08-10 11:02 PM
    PD may 23 06



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  • ufo2002
    09-11 04:50 PM
    EB3 RoW is 3rd biggest group... so not everybody is Indian after all!
    Just j/k, :p





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  • Shivani
    02-23 12:41 PM
    Thanks for your response.

    I will stay in touch & keep posting if I need more clarifications in my case.

    Until then, Good Luck for me...:)

    You are absolutely right, I NEED it, during this time, its so hard to find new openings. :(

    Shivani.



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  • martinvisalaw
    01-11 02:31 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.





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  • ksach
    04-04 08:15 PM
    Oh... the H1b worker who maintains the site got frustrated that his gc is going nowhere and went back to his home country.

    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.



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  • chantu
    06-30 10:02 AM
    Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!

    Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).





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  • desi3933
    08-18 09:12 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    ........

    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    ______________
    Not a legal advice.



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  • dce.deepak
    06-22 01:40 PM
    Thanks a lot guys. Will check with my lawyer and post any updates here.





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  • whitecollarslave
    02-24 02:29 PM
    For those who think that this is good and will not affect them -

    What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.

    If we don't do anything, illegals will be citizens while people with H-1 and even EAD will be forced to go back. This is the beginning of the end to employment based immigration.





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  • santa123
    06-21 09:27 AM
    I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

    All the best.
    Best Regards

    Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?





    nivasch
    02-09 02:27 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

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

    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.





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    02-24 09:07 PM
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