Friday, June 10, 2011

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  • beautifulMind
    07-16 10:44 PM
    if suppose DOL approves the new job position then can I also convert to EB2 with new position and continue to use EAD of old position




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  • abhishek101
    03-25 01:54 PM
    Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.

    Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
    I agree fully. If we get only one thing to say it should be getting the soft limit back. It is something that already exists in current immigration system and can be defended easily. Once we have got that as an amendment we should start pushing for other things.

    I always believe in One step at a time and in picking your fights. We all would love to get everything right now but a wise thing would be choose the most important fight.

    SO my Vote : Reinstate Soft Quota.




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  • lelica32
    08-06 06:15 PM
    140 LUD on 7/27/2008 Sunday




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  • glus
    05-06 12:50 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?

    Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.

    Best Regards,



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  • MrDesi
    02-07 09:47 AM
    Hi Friends

    May be it is repeated and simple question, but some how critical to me.

    Experts, Please help me in addressing this,

    BackGround:

    A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.

    B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.

    C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.

    Questions:

    1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
    Please share your experiences if any and possible questions during interview.


    2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?

    3) Do volunterily mention about the 485 pending or officer might ask ?

    Thanks a Lot.




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  • cvk90
    07-05 01:08 PM
    Bump >> Please help



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  • xela
    11-12 06:47 PM
    So for the non german speaking, we are simply biting on granite...oh well I lost my teeth doing that for the last 6 years...so I guess I keep biting ;-)




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  • RDB
    12-21 10:32 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh



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  • ras
    07-05 03:52 PM
    Guys,
    I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .

    When ?

    First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.

    How does this help ?

    First, it will help to meet State members face to face.

    We can invite distinguished people to our meeting to give a speech, so we get press coverage.

    We can decide our next steps.

    Basically we can do a lot.

    We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.

    Every one please share your thoughts as what we can do in this annual meet.

    I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:

    1st day for meeting at the state level chapters in respective states
    2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.




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  • palemguy
    08-21 11:01 AM
    PD : April 2004
    RD : July 3, 2007
    140 was approved



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  • Vinny
    02-09 01:17 PM
    Hi,

    My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
    1. Does he need to file a transfer memorandum ?
    2. WIll there be a change in wages ?
    3. Are there any other steps before he starts to work in BayArea ?

    Please help.

    Thanks.




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  • actionAction
    07-07 01:35 PM
    I don't remember the exact implementation, but you have to read it into a structure and type cast to a char pointer (if I am not mistaken).



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  • bitzbytz
    07-13 02:17 PM
    wooah...i got the problem solved.
    The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.

    NY ways, i consulted a attorney and he suggested few things....




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  • Munna Bhai
    12-03 12:24 PM
    Anyone with a detailed answer like logiclife spelled out here?

    No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.



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  • chintu25
    07-30 12:28 PM
    :confused: Guys ,
    I just checked my I140 approval notice and it shows LUD as July 28th 2007

    I am totally confused as to why it shows that since my I140 is approved since a long time .

    I have applied for 485 on June 29th 2007 and it reached USCIS TSC on July 2nd 2007.

    Does the LUD on my I140 have anything to do with my 485 Application ??

    Please advise ?




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  • msekhargc
    06-20 11:57 PM
    Hi Gurus,

    My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.

    My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.

    I got the below RFE from CIS :

    The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.

    Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.

    An acceptable evaluation must:

    1) Consider formal education only, not practical training experience
    2) did the applicant complete the U.S equivalant of high school before entering college
    3) Provide detailed explanation of material evaluated
    4) briefly state the qualifications and experience of the evaluator providing the opinion

    The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.

    Thanks,
    Sekhar



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  • iwantmygreen
    08-06 08:02 PM
    I sent you PM. Please, check the same I havent received any PM from you. Can you resend.




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  • desim
    07-19 12:47 PM
    Thanks mp70 for sharing the information. Your experience has helped me with two worries. My 797 was approved in June end and I am going for stamping at Chennai at the end of July. You put my worries with the short gap PIMS verification issues to an end.

    It is good to know that there is a separate counter for revalidation. Did the officer ask any information for dependents H4 visa?

    Also, did you do anything to check whether your petition was present in the PIMS database?




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  • krishna.ahd
    11-27 12:59 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!
    Yes , as you are the one negotiating the deal (rate) on W2 or PERM with future employer and removing the agency ( your original H1B sponsoring compnay) between you and client, you should able to get better rate/salary. Again all depends on location, your experience and technology you are in.
    Good Luck.




    scabal12
    06-12 06:59 PM
    Also my H1-B is valid till 2011.




    sachinjohri
    04-03 03:11 PM
    No problem , you will get the Canadian Visa , while coming back to US , you have to show your AP



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