Wednesday, June 8, 2011

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  • hopein07
    02-09 10:32 AM
    I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights


    Read below what happened to the court case in UK.

    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    You can simply FORGET ABOUT LAWUSUITS etc.




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  • WillIBLucky
    12-22 01:18 PM
    If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
    GC_2007,

    When we change employer i think we can't keep the Priority date
    Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



    (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).




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  • anurakt
    01-20 10:27 AM
    I have no answer for this, I guess someone in this forum who is a US graduate can help us.




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  • walking_dude
    09-07 01:08 PM
    IV Core,

    I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)

    I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.

    Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.

    My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?

    I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?



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  • prince_charming
    04-08 04:14 PM
    Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?




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  • gcnirvana
    04-27 06:39 PM
    In my opinion, looks like another placeholder bill just before CIR.



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  • Beta_mle
    02-19 09:04 PM
    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.




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  • abhisam
    01-08 11:37 AM
    I got it in a week, I got it from SF Consulate.

    wow..that was fast. did you go there personally? I am in Los Angeles and mailed it to the SFO office in December. No news yet.



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  • larryking
    10-22 05:50 PM
    If I understand the visa bulletin right, EB#3 has 28.6% of the available visa numbers. If this is the case, is the 28.6% of the visas shared equally between the countries? And if they are shared equally between the countries, then do the applications get processed based on the priority date of the applicants for a given country?



    I am just trying to understand the sequence of events here.



    1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3

    2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc�all getting an equal �X� number of visas.

    3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don�t have that many applicants Vs countries like India and China � their quota of X gets filled up in a hurry creating a back log?



    If this sequence is not correct � how else can they end up with unused visa numbers?? What is the importance of priority date?



    Thanks,

    Larry King




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  • psaxena
    06-10 05:37 PM
    people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.

    I support it.



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  • nlssubbu
    12-08 12:17 PM
    Her H4 is not valid. She did travel to India without an approved AP.

    Can we cancel her GC application and bring her back on H4?

    Any other options?

    Why don't you take info pass and explain the need for an emergency visit and get an interim AP?

    Thanks




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  • sankap
    08-13 10:39 AM
    Can you share how you can check your status online after you've filed I-485? Who would send you the URL --your immi lawyer or the USCIS? Also, my lawyers filed said they filed my 485, AP, EAD the same day. Is that possible?



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  • shirish
    03-26 11:32 AM
    According to my knowledge it has to be after the college. You cannot be fulltime employed and full time student at the same time.

    So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.



    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.




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  • amit79
    04-13 12:26 PM
    gconmind has nailed it perfectly.



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  • needhelp!
    08-31 12:32 AM
    We just had a laugh discussing this, I hope you do too :)..NO.. but back to my initial question, just for Curiosity's sake

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...




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  • Gravitation
    10-23 10:30 AM
    One common misconception is that there's a "quota" for each country. There's none.

    The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.

    The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...

    If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.

    Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.



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  • GCVictim
    10-14 04:57 PM
    It is not necessary approve before you leave this country. You can leave before they make decision. But you can not return USA using expired AP.

    http://immigrationvoice.org/forum/showthread.php?t=21855



    You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.

    Other option you have H1B stamping if you are maintaining H1B. thanks




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  • webpromo
    03-27 12:36 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question




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  • ritwik_ind
    11-24 07:52 AM
    Good Every one!

    ;'( I am already out




    Danko
    01-06 07:36 AM
    I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers.

    Sounds like a conflict of interest then:

    kirupa.com - Shocked Resource for Making Designers better Developers!
    :beam:




    nashim
    07-15 03:42 PM
    Hi Gurus,
    1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

    2) Is it possible to file second EB2 I-485 through my future employer?

    3) If file second 485, what will be affect on pending I-485?

    Thanks



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