Sunday, June 12, 2011

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  • nepaliboy
    05-25 12:58 PM
    this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
    I had efiled mine few days before her and so
    far nothing - only soft LUD's.
    and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
    :mad:

    i am wondering do you have LUd for i-485 or i-131 or i-140 ?




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  • txh1b
    08-17 05:39 PM
    One looks like a PM position involving lot of admin stuff and the other sounds technical enough. May have problems using AC21.




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  • vin13
    10-26 05:48 PM
    What you think , doesn't matter.
    Cant fly through FRANCE/UK for sure, without a valid US visa stamped.

    People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.

    Emirates/Direct AI/Continental should be OK from East Coast.

    Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.




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  • txuser
    03-10 03:57 PM
    Thats a valid question... sorry, but Im not sure on that - You'd probably need to check with an attorney...

    In my particular case, they filed for H1B transfer in Premium Processing.... So, I was told that the H1B transfer will be adjudicated prior to the L2 petition..... Eventually, the H1B transfer got denied and I got the L2 approval notice a couple of weeks down the line.


    I also believe that you can file for the L2 COS immediately after you come to know that your H1B petition has been denied. An attorney would be able to comment on whether this is legal or not.



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  • gc28262
    12-31 06:17 PM
    Congrats on your I-140 approval.
    Wishing you a smooth GC journey !

    Happy New Year !

    What a way to celebrate I-140 approval ( $140 contribution)
    What are you planning on your 485 approval ? :D




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  • indyanguy
    09-09 12:42 PM
    I Where did you find this information about limiting EB2 to managers only?

    Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225

    I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.



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  • ganguteli
    03-22 01:13 AM
    Your experience in current job may not add up as experience.

    But do not go by that. What is the requirement of the job for which labor will be filed?




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  • desibechara
    08-02 12:15 AM
    depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.

    If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.


    It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....

    Does it matter..Do you think it really matters..

    let me know..otherwise I really have to worry about RFE

    DB



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  • dpsg
    03-06 08:46 PM
    Buddy,
    I know pessimism sometimes is hard on people who is giving everything to cause... But again concentrate on work we are doing. Ignore doom/gloom
    from some members, because if you show them light at the end of tunnel,
    many sitting on the fences will join... again suggest don't worry about it &
    concentrate on goals/objectives.

    good luck.




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  • sripk
    05-17 02:24 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.



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  • santb1975
    05-20 12:52 AM
    We can do it




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  • mammoy2k
    09-30 08:29 PM
    Please read Yates memo for clarification.


    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet



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  • calgirl
    05-25 07:50 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?



    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.




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  • kisana
    09-02 10:52 AM
    There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.



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  • eager_immi
    06-20 07:39 PM
    My Lawyer put the A# from the EAD used during OPT. She put OPT in brackets and mentioned to me that USCIS will change this A#.




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  • pady
    08-28 12:52 PM
    My SR is for my 485, I didn't renew my EAD or planning to renew as I am not using it



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  • pappu
    08-02 12:28 PM
    Best wishes.




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  • h1bmajdoor
    05-24 04:40 PM
    the underlying problem, is not that american kids are not smart or hard working.

    it is that science/math/engg does not pay. it does not pay because the wheelers/dealers/fixers/middlemen/bullshitters make the money.

    american kids work hard when at law school/med school/mba. because those jos pay. as an engineer you are screwed. as a phd likely unemployed.

    so, american kids are not dumb. they are far smarter than you think. they are taken the correct decision in the circumstances.




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  • sam_austin77
    12-18 11:34 PM
    Team,
    I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
    Thanks




    little_willy
    02-23 11:59 AM
    Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
    http://personalinsure.about.com/od/health/a/aa021809a.htm


    The First Part of The COBRA Stimulus Plan: Reduced Premiums

    The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.

    Part 2: The Ability to Re-Enroll into COBRA

    The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.

    9 Key Details about the Cobra Stimulus Plan

    1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009

    2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples

    3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department

    4. Subsidies will be available for up to 9 months

    5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides

    6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)

    7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators

    8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare

    9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date




    kshitijnt
    04-16 11:59 AM
    Best thing to do is, go out, take a stamp and reenter. No harm in that. If the I-94 is not attached to the approved L1A, then it is illegal otherwise it is legal.



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