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  • solaris27
    03-12 08:51 PM
    its a good idea





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  • mpillai
    05-08 09:40 PM
    Many qualified for EB1 need not necessarily be already in EB1.
    Possible reasons are:
    1. Unawareness at the time of filing (just followed what attorney said).
    2. Was not in a hurry for GC, so just followed attorney.
    3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
    4. The job requirement at that time didn't need an EB1-qualification.

    You will be surprised to see how many PhD and MS candidates and researchers are in EB3.

    just wondering
    How gaining so much experience or education is possible in such a short amount of time?
    No , I'm not jelous or anything. Please don't misunderstand.
    EB1 requires very high education. Right?
    just wondering. I 'm ready to work hard. Just need direction?
    How people do it. Do they take a MBA/PHD?
    Thanks





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  • gc_bulgaria
    02-12 08:50 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.

    We have used it. I don't see any negative effects to green card. You are resident for tax purposes.





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  • JazzByTheBay
    09-16 12:02 AM
    And the San Jose rally proved that...


    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz


    �Progress is impossible without change, and those who cannot change their minds cannot change anything.�



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  • andhrawala
    08-22 09:17 AM
    Hi overseas,

    I am in the same dilemma as you. I am in OH and according to my jurisdiction I have to apply in Nebraska Service center. Now, my I-485 application has been transferred to Texas.
    I called the uscis customer service and they said to file in Texas as my 485 is pending there.

    So, I am really confused here. Any help will be greatly appreciated



    Labor Priority Date: EB2 - 2007 April - India
    I-140 Applied: 05/15/2007
    I-140 Approved: 08/10/2009
    I-485 Applied: 07/26/2007
    I-485 Status: Pending





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  • chintu25
    08-19 05:45 PM
    Excellent job guys :)



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  • rajenk
    11-18 05:51 PM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!

    No body answered the OP. I will try to answer it.

    I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.

    If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2





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  • trueguy
    08-11 10:53 AM
    Hi WillWin,

    Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..

    Please vote here for prior to 2004 cases;

    http://immigrationvoice.org/forum/showthread.php?t=20768



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  • a1b2c3
    09-25 01:34 AM
    If you need to retain your PD, does the job description need to be similar or can it be different?

    Mine is a similar case, I-140 is approved and would like to switch employers on 3 year H1 extension....

    My question is can I file for labor through PERM with the new company even if it is in different category and previous I-140 is revoked (worst case, maybe even realistic scenario)? What can my original company do to stop this H1 transfer/filing of new labor from happening?:confused:





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  • ArunAntonio
    09-16 01:15 AM
    Members in and around the DC area please show up for the Rally, we all need to participate to make this a success.
    We all are the benificiaries of any positive out come of this, why not be a part of it?
    Please join the rally.



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  • rama_mvs
    07-18 03:45 PM
    Hi,
    I have worked for the same employer who filed my 485 as future employment for more than 6 years. He filed for H1 extension in last November'2006. It got denied in June'2007. But he send this denial as Motion to Reopen Case . For my safety I filed another H1 with another employer during this time and I am working for the new employer.
    My 140 got approved when I am with my old employer itself. Now he is filing 485 for me as Future employment.
    My question is after I receive AC21 and also after six months of receiving the receipt for 485 . Can I jump to another company or is it advisable to work for the company who filed my I-485 until I get my Green card or for how many months ?

    Thanks,
    Ram :mad:





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  • ashkam
    02-25 11:04 AM
    Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.



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  • FinalGC
    03-30 10:44 AM
    Yes, their AOS is applied......





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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002



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  • Macaca
    07-17 07:59 AM
    The attached blog is much more important then the article. Please respond in the attached blog. The previous article was very well responded.

    Please don't post this (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=19972&pageIndex=5) (from previous business week article (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm))


    Jul 14, 2007 11:31 PM GMT
    I JUST WANT A GREEN CARD! I AM A PHARMACIST. I HAVE WAITED FOR 5 YEARS. PLEASE I WANT A GREEN CARD SO THAT I CAN TRAVEL WITHOUT ANY WORRIES. THANK YOU VERY MUCH!





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  • anjans
    07-10 08:15 PM
    Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?



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  • PD_Dec2002
    06-24 10:58 AM
    Thanks janilsal.

    We got married in a temple and returned the license to the County Clerk's office.
    We can't mention martial status as married due to family reasons.
    We are fine applying with martial status as single independently since both of our PD is current now.
    Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
    Please advice.

    Thank you!

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant





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  • blackberry
    07-24 12:26 PM
    I have already contributed which bucket do i fit in... :)

    --BB





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  • desi3933
    06-22 09:59 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.

    It is the last entry not the first entry.

    It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).

    If your attorney does not understand 245(k), may be you should consider getting second opinion.

    Section 245(k) applies for ALL employment based I-485s.

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002





    leo2606
    08-19 06:17 PM
    You can print them from the following location.

    http://immigrationvoice.org/forum/sh...ad.php?t=12233

    Can that flyer / poster be made available to other here?

    I was thinkining of posting it in indian stores etc...





    eb3retro
    02-15 11:25 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    could you please update your profile? thanks.