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  • easygoer
    05-14 02:32 PM
    Shujaat,

    Your lawyer is right. You need one single degree evaluation that match your labor requirements for education. Experience not included for education requirements.




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  • lazycis
    01-10 08:26 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    The bad part of it in your case is that NC is still pending.

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

    So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

    http://en.wikibooks.org/wiki/FBI_name_check




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  • next
    01-15 11:07 PM
    Lets vote guys




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  • mytv
    08-14 11:12 PM
    i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.

    i dont trust everything wat lawyers say.so can anybody help me out with this issue.



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  • thunderbird
    08-21 03:33 PM
    I have the similar situation, worrying about not getting receipt before expiration date. I called USCIS, the lady told me that as long as I filed before the expiration day, I'm okay to work. If someone else could call USCIS, get different people answer this question, and confirm this, that will be helpful.




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  • viswanadh73
    01-04 03:21 PM
    thanks



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  • raju123
    02-09 07:44 PM
    This is very serious matter. EB community should strongly oppose
    It is time for Fight to Finish !

    I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A




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  • chintapalli
    10-16 01:28 PM
    One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance



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  • rajivkumarverma
    10-16 08:49 PM
    Rajiv,

    Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

    Good Luck

    Ashish!

    Thanks
    Ashish Can I use the same labour.My labour got approved on June 2007.
    I think labour gets expired in 6 months




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  • InTheMoment
    02-22 10:54 AM
    The best recourse would be to pay the $100 or so and ask a qualified attorney; but from the J-1 cases of friends that I had seen closely here is what I can say:

    2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement

    3.) Yes, possible

    4.) Yes

    5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.

    www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.



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  • bobbydalal
    09-22 03:46 PM
    Guys forget what we think on the HR5882. iF WE ALL GET TOGETHER AND PRAY ANYTHING IS POSSIBLE. So lets stop being negative in our approcah and just say yes it will and keep calling and praying yaar.




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  • rockstart
    02-05 01:13 PM
    Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.



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  • Dakshini R. Sen
    06-24 11:46 PM
    If you decide to go back to school nothing will happen to your wife's I-485 application. She is eligible to an EAD as long as her I-485 is pending.


    Dakshini R. Sen, P.C.
    Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
    212-242-1677
    713-278-1677




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  • DianaSteve
    12-13 12:02 PM
    My I140 is showing up online now.



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  • ashres11
    04-28 05:12 PM
    Friend,

    I did google search to find email address ends with @dol.gov and did mass emailing to all of them and finally they started invetigation on my previous employer and he is now behind federal bar.




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  • Iamthejuggler
    02-09 04:09 AM
    Holy crap that was close. Congrats folks. I'm pleased as punch!



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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!




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  • desi3933
    07-13 09:48 AM
    What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
    Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.

    She is NOT in H4 status anymore the day your I-485 is approved.

    She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.

    Consult a good attorney asap.


    ____________________
    Not a legal advice.




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  • vxb2004
    05-31 07:45 PM
    tpcool,

    I am not familiar with ur line of work. I am into manufacturing.I used my AC21 and working on EAD now.

    You can invoke AC21 and work either on h1b(provided newcompany transfers) or EAD. It is highly advisable NOT to port on a pending I-140.

    Hope this helps.




    vamsi_poondla
    03-22 09:47 PM
    Thank you for your replies. I will try and see.




    unseenguy
    06-19 05:14 PM
    I would not be surprised if it is all CIA or MIA instigated drama. On one count Ayatollah seems to be correct, how can 11 million votes be rigged?



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