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  • cooldude
    07-27 10:06 PM
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.


    I am not sure.




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  • tabletpc
    12-15 11:54 AM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,




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  • Radhika
    07-09 01:12 PM
    upgraded on June25 to PP got status changed on 30th. Received approval notice by attorney on July 6th




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  • BharatPremi
    12-07 11:59 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.

    In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
    "should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

    So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

    And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

    Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....



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  • martinvisalaw
    08-18 12:46 PM
    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.

    I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.

    I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.

    See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).




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  • iptel
    02-14 01:17 PM
    Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.



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  • mayhemt
    08-30 12:02 PM
    Not illegal if you are also present in the recording.

    - son of a lawyer... not a lawyer myself.

    hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)

    Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.




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  • vnsriv
    08-14 04:17 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.



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  • angelfire76
    12-07 05:21 PM
    Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

    However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

    Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
    Just a thought.




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  • mbartosik
    01-30 04:19 PM
    Tomorrow we will have something more substantial to release.
    I would recommend that tomorrow when we release this that people phone up the local media, speaking with someone is better than email.



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  • vinzak
    04-13 09:27 AM
    What exactly is the question?




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  • paskal
    12-20 11:10 PM
    /\/\/\/\/\/\/\/\/\/\/\/\



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  • Ann Ruben
    04-23 10:48 AM
    If you are subject to the two-year home residence requirement, you cannot be granted H-1 status until a 212(e) waiver is granted. However, your employer can file an H-1 petition for you now. Once the petition is approved, AND the waiver is granted, you can either file with USCIS for a change of status, or you can apply for an H-1 visa abroad.




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  • tcsonly
    09-07 11:13 AM
    Sent email yesterday with the details to lobbyday@immigrationvoice.org, and IV-Socal co-ordinators: Drona & Ramesh.

    -C.



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  • bpc2001
    02-25 03:20 PM
    Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.


    The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.




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  • manishgc
    06-08 02:20 PM
    Hi


    I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)

    If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?

    Thanks in advance.



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  • like_watching_paint_dry
    04-12 01:35 PM
    As someone mentioned - Do not Lie.
    Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.

    Exactly what I was going to say. I highly doubt that DOL is out to get you on your H1 transfer in this case... on the contrary, they may be able to get you the money your desi pimp owes you. I would invest the $1000 and speed up the transfer and forget about the whole issue after firing my salvo by responding to the letter. If you get something back, great. Else at the least, you put a bad guy is into a lot of trouble.

    But the decision is all yours. It is not my butt that is on the line so it is easy for me to say.




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  • chanduv23
    09-10 02:40 PM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.

    During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)




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  • lkapildev
    11-13 04:21 PM
    You may be lucky You can have a GC without I-140 approval. True. Your GC status is subject to I-140 Approval


    You may be unlucky, USCIS might have returned your application or there is some RFE etc.

    Just prey




    villamonte6100
    10-05 11:03 AM
    Nobody knows but my friend got his green card 2 weeks EB3 Philippines. Filed 485 June 2007.




    eastwest
    12-05 12:11 AM
    Count me in for $100.00
    Go IV Team....

    Thanks



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